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Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 1 of 67

r.

AC E USA
ACE America n Insuran ce Company
-L~ 1 Chestnut street Excess Commercial General
i adel p„ia . PA 1 9 10 3
Liability Policy
(a stock insurance company)

POLICY IDENTIFICATION
XSL G 20593B 14

NAME INSURED PRODUCER


CODE : 273729 COMM:
Racetrac Petroleum, Inc . McGriff, Seibels & Williams
300 Technology Court One Premier Plaza
Smyrna, GA 30082 5605 Glenridge Drive, Ste . 30 0
Atlanta, GA 30342

POLICY IS : Renewal U f- XSL (.UL1 'I VF3U y 4

NAMED INSURED IS : Corporation o t her:

BUSI N ESS OF I NSURED : Convenience Stores

POLICY PERIOD : FROM 06/01/2005 TO 06/01/2006


12 :01 A.M . STANDARD TIME AT YOUR MAILI N G ADDRESS SHOWN ABOVE

PREMIUM COMPUTATION AND PAYMENT CONDITIONS

AUDIT PERIOD : Annual

PAYMENT
FREQUENCY : Quarterly

PAYMENT SCHEDULE : See Interim Ps 4ati txm Payment Endorsement

TOTAL ADVANCE PREMIUM


REDACTE D
Esti mated callous x Rate Per 1,000 = Total Advance Premium

$ x _a ~-

Subject to a M i n i mum Premium of $ '


I the event you canoe
shall receive and f~tair~ not less I 1 as the Minimum Premium .
~ountersigned :
d ~ # By :
C. (Date)

X S-B U88 b ( 02!99)


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 2 of 67

DECLARATIONS - Excess General Liabifiky Policy-Page 2 X5L G2 05 9 3 6 54

P O LI CY I DE N TI F I CATI O N

ITS OF INSURA NCE

In return for the payment of p remi u m indicated o Page 1 of the Declarations, we agree with you to provide ins urance at the
limits shown, subject to a l l of the terms and co n lions o f this policy .

GE N ERAL AGGREGATE LI MI T 4,500,000

PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIM I T 4,500,000

EACH OCC URR E N CE LIMIT 500,000

PERSO N AL AN D ADVERTISING I NJU RY LIM N' 500,000

PREMISES RENTED TO YOU LIMIT (per premise) 50,000

RETAINED LIMIT
EACH OCCURRENCE 500,000
PERSONAL AND ADVERTISING INJURY 500,000

FORMS AND ENDORSEMENTS (gage 1 of 2)

FORMS AND ENDORSEMENTS ATTACHED 1'O THIS POLICY AT INCEP TION :

SCHEDULE OF COVERAGE PARTS

XS5U91c Excess Commercial General Liability Policy

SCHEDULE OF ENDORSEMENTS

Endt . No Form No . Description

1. CC1E15 Schedu~e of Named Insureds


2. LC57 Bi3 Interim P remium Payme n t Endo rsement
3. CC1E15 Cance7.Qation By Us

This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes the above
numbered policy.

During the last three years no insurer has cancelled insurance issued to the named insured similar to this insurance,
unless otherwise stated in this policy .
r
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SCHEDULE FORM S AND ENDORSEMENTS

N :jrncJ Insured Racetrac Petrole um , Inc . Gtdnfscmcnl iVumM:r


(Page 2 of 2)
I 1olicy Symbol P ol icy Number Pu fi cy Period
XSL 62059385 4 06/0 /2005 to 0 6 / 02 / 2 00 6 06/01/2005
Issued By (Name ol'insin-ance Company)
ACE Am erica n Insuranc e Company
insert the policy number. The remainder of the i nformation is to W completed only when this endorsement is issued subsequent to the preparation of t he poli cy.

Endt . No Form No . Description


A . CC lE 15 Amendment Of Cancellation Provisions - Notice To Additional
Interest (s)
5 . XSbw30 Additional Insured - Managers or Lessors of Premises
6. XS6W31 Additional Insured - Vendors
7. XS6W24A Employee Benefits Liability Coverage
8 . XS609225 Loss Adjustment Expense Within Limits
9 . XS6W35 Pollution Exclusion - Hostile Fire Exception
1Q . XS 6W34 Wai ver of Transfer of Rights of Recovery Against Others To
Us
11 . LD15284 MTBE Exclusion
12 . LD15270 S i lica, Dust and Particulate Matter Exclusion
13 . IL00210509 Nuclear Energy Liabil i ty Exclusion Endorsement (Broad Form)
14. CG290$1093 Liquor Liability
15 . TR1 6537 Conditional Limi tation of Coverage For Terrorism On An
Annual, Aggregate Basis (Relating To Disposition of Federal
Terror
16 . CG00621202 War Liability Exclusion
17 . ALL16541 Disclosure of Premiumand Estimated Prem i um For Certified
Acts of Terrorism Coverage (Pursuant to Terrorism Risk
Insur an
18 . CG02200398 Florida Changes - Cancellation and Nonrenewal
19 . TL02620702 Georgia Changes - Cancellation and Nonrenewal
20 . CG O 1250897 Louis ana Changes - Insuring Agreement
21 . CGOI180395 Louis ~ana Changes - Legal Action Against Us
22 . CG28150897 I,ouiss~ ana Changes - Insuring Agreement
23 . IL02770301 Louisiana Changes -- Cancellation and Nonrenewal
24 . i Lo2sza9Q o Missi :j sippi Changes - Cancellation and Nonrenewal
25 . IL02690900 North ' Carolina Changes - Cancellation and Nonrenewal
26 . IL02490899 South ' Carolina Changes - Cancellation and Nonrenewal
27 . IL02506900 'I'enne6 s e e Changes - Cancellat i on and Nonrenewal
28 . CG01031000 Texas Changes
29 . TLd1560101 Texas Changes - Duties
30 . IL02750702 Texas Changes - Cancellation and Nonrenewal Provisions For
Casualty Lines and Commercial Package Policies
31 . IL01 3 8 0 199 Virginia Changes

. ,t

CC- I #;1 5 Ptd . In U . S.A.


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POLICY NUMBER : XSL G20593854

Excess Commercial
General Liability Policy

ace usa

Va rious provisions i n this pol i cy restri ct Read t h e entire policy careful l y to determine rights, duties and
what is and is not covered .
Th roughout this po l icy the words "you" and refer to the Named Insured sh own i n the Declarations, and any
other person or organization qualifying as a Insured under this policy . The words "we", "us" and "our" refer to
the company providi n g this i nsurance
The word "insured" means any person or organization qua li f ying as such under SECTION It . WHO IS AN INSURED

Other words and phrases that appear in quototion marks have special meaning . Refer to SECTION V . DEFIN I TION

SECTION 1 - COVERAGES
COVERAGE A . BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreem e nt.


a . We will pay the insured for the "ulti ate net loss" in excess of the "retained IirniY' shown in the Declarations
that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property
damage" to which this insurance applies . No other obligation or liability to pay sums or perform acts or
services is covered unless explicitly provided for under DE F ENS E , INVESTIGATION, SETTLEMENT,
---, LEGAL EXPENSES, AND INTEREST ON JUDGMENTS . But the amount we will pay for the "ultimate net
loss" because of damages is limited s described in LIMITS OF INSURANCE (SECTION ill) .
b. This insurance applies to "bodily injury" an d "property damage" only if :
( 1 ) The "bodily i njury" or "property damage" is caused by an "occurrence" that takes place i n the "coverage
territory" ; ',
(2) The " bod i l y i nju ry" or "property d O inage " occurs duri ng the pol i cy period ; and
{3) P rior to t he pol icy period, no in red l ist ed under P aragraph 1 . of Sectio n EI - Who Is An Insured and no
"employee' auth orized by you to g ive or receive not ice of an "occ u r rence" or clai m , knew that the "bodily
inj ury' or "property da mage" h occu r red, in whole or i n part, I f such a listed insured or authorized
"employee" knew, pri o r to the p licy p eriod, that the "bodil y inj u ry" or "property d amage" occurred, t hen
any con t inuation, change or resumption o f such "bodily inju r y" or " property damage" during or after the
pol icy period will be deemed to eve been known prior to the policy per io d .
"Bodily injury" or "property dam le" which occurs duri ng the pol i cy peri od and was not, prior to the po l icy
period, known to have occurn by any insured listed under Paragraph 1 . of Section I ! - Who Is An
I ns u red or any "em p loyee" al. or ized by you to giv e o r rece i ve no t ice of an "occurrence" or claim,
includes any cont i n u ation, char or resumption of that "bodily injury' or "property damage" after the end
of the policy period .
d. "Bodily injury" or "property dam e" will be deemed to have been known to have occurred at the earliest
time when any insured listed u der Paragraph 1 . of Section 11 - Who Is An Insured or any "employee '
authorized by you to give or receive notice of an "occurrence" or claim :
(1) Reports all, or any part , of the "bodily injury" or "property damage" to us or any other insurer ;
(2) Receives a written or ~erbal dementd or claim for damages because of the "bod ily i njury" or
"property damage" ; or ',

'~ ..~ ( 3) Becomes aware by any otf~er means that "bodily i njury" or "property damage" has occurred or has
begun to occur . ',

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e . Damages be cause of " bodily inj~ry° include damages c l aimed by any person or orga nization for care , los s
of servi ces or death resulting at an time from the " bodily injury" .
2. Exclu s i o n s .
This insurance does not apply to :
a. Expec t e d or Inte n d ed Injury
"Bod i ly injury" or "property dam expected or intended from the standpoint of the insured . This exclus i on
does not apply to "bodily i nj u ry" ting from t he use of reasonable force to protect persons or pro perty .
b . Contractual Liability .
"Bodily i nj ury" o r "property dal '" for which the insured is obligated to pay damages by reason of the
assumption of liability in a con' or agreement. This exclusion does not apply to liability for damages :
(1) That th e insured woul d have in 'the absence o f the con tract or agreement ; or
(2) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property
damage" occurs subsequent to the execution of the contract or agreement . Solely for the purposes of
liability assumed in an "insured contract', reasonable attorney fees and necessary litigation expenses
incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or
"property damage", provided :

(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same
"insured contract" ; and
(b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative
dispute resolution proceeding in which damages to which this insurance applies are alleged .
c . Liquor L i abil ity .
"Bodily inj ury" or "property daRlage" fo r which any ins u red may be h e ld l iab le by reason of
(1) Causing or contributing to the intoxica tion of a n y p erso n ;
(2) T he furnishing of alcoholic beverages to a person u n der the lega l drinking age or under the i nfluence.-e
of a lcohol ; or
(3) Any sta t ute, ord inance or regulation relating to the sale, gift, distr i butio n or use of alcoholic
beverages .

This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or
furnishing alcoholic beverages
d . Workers Compensation and !Similar Laws .
Any obligation of the insureq under a workers compensation, disability benefits or unemployment
compensation law or any similar law .
e. Employers L i ab i lity .
"Bodily injury" to
( 1 ) An "employee" of the insured arising out of and in the course of :
(a) Employment by the insured ; or
(b) Performing duties related to the conduct of the insured's business ;
(2) The spouse, child , parent, brother o r sister of that " employee" as a consequence of (1) above .
This exclusion applies :
(1) Whether the insured may t~ e liable as an employer or i n any other capacity; and
( 2) To any obligation to share l, damages with or repay someone else who must pay damages because of
the injury .

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This exc l usion does not apply liability assumed by the insured under an "insured contract" .
f . Pollution .
~, . . j Any injury, damage, expense, loss, liability or legal obligation arising out of or in any way related to
"pollution", however caused .

g. Airc raft, Auto or Wa te rcraft.


"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to
others of any aircraft, "auto" or atercraft owned or operated by or rented or loaned to any insured . Use
includes operation and "loading r unloading" .
This exclusion applies even if tll~e claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"
which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or
entrustment to others of any ~ircraft, "auto" or watercraft that is owned or operated by or rented or
loaned to any insured .
This exclusion does not apply td :
(1 ) A watercraft while ashore on premises you own or rent ;
(2) A watercraft you do not owni that is :
(a) Less than 5'1 feet long : end
(b ) Not being used to carry persons or property for a charge ;
(3) Parking an "auto" on, or on l the ways next to, premises you own or rent, provided the "auto" is not
owned by or rented or loaned to you or t he insured ;
(4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or
watercraft ; or
(5) "Bod i ly injury" or "property damage" arisi ng out of the operation of any of the equipment listed i n
paragraph f.(2) or f.(3 ) of the definiti on of "mobile equ i pment" .
h . Mobile E quipm e nt.
"Bodily injury" or "property damage" arising out of :
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to
any insured: or
(2) The use of "mobile equipmdnY" in, or while in practice for, or while being prepared for, a prearranged
racing, speed or demolition 6orttest or in any stunting activity .
L War.
"Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident
to war. War includes civil war, insurrection, rebellion or revolution . This exclusion applies only to liability
assumed under a contract or agreement .
j. Damage to Prop erty.
" P roperty damage" to :
(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other
person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of
such property for any reason, including prevention of injury to a person or damage to another's
property :
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises ;
(3) Property loaned to you ;
(4) Personal property in the care, custody or control of the insured ;

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(5) That particular part of real property on which you or any contractors or subcontractors working
directly or indirectly on your behalf are performing operations, if the "property damage" arises out of
those operations ; or
(6) That particular part of any p that m ust be restored, repaired or replaced because "your work")
was incorrectly performed o it .
Paragraphs (1), (3) and (4) oft is exclusion do not apply to "property damage" (other than damage by
fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer
consecutive days . A separate i mit of insurance applies to Damage To Premises Rented To You as
described in Section Ill - LIMITS OF INSURANCE .
Paragraph (2) of this exclus ion does not appl y i f th e premises are "your work" and were never occupied,
rented or he l d for ren t al by you . '
Paragraph s (3) , (4), ( 5) and (6) of this exclusion do not apply to liabi l ity assume d under a side track
agreement .
Paragraph (6) of this exc l usion does not apply to "property d amage" included in the "products-comple ted
operat ions hazard" .
k. Damage to Your Product .
"Property damage" t o "your product" arising ou t of it or any part of it.
i. Damage to Your Work .
"Property damage" to "your work" arising out of i t or any part of it and included in the "products-
completed operations hazard" .
This exclusion does not apply If the damaged work or the work out of which the damage arises was
performed on your behalf by a subcontractor .
m . Damage to Impaired Property or Property Not Physically Injured .
"Property damage " to "impaired '~ property" or property that has not been physically i njured, arising out of :

(1) A defect, deficiency , i nadequacy or dangerous condition in "your product" or "your work" ; or
(2) A delay or failure by you 6 r anyone acting o n your behalf to perform a contract or agreement i n
accordance with its terms .
This exclusion does not apply t Jo the loss of use of other property ar ising out of sudden and accidental
physical injury to "your product"f or "your work" after it has been put to i ts intended use.
n Recall of Products, Work or Impaired Property .
Damages claimed for any loss, host or expense incurred by you or others for the loss of use , withdrawal,
recall , inspection , repair , rep iac men#, adjustment, removal or disposal of:
o
(1) . Your
.
product ., ;
(2) "Your work" ; or
(3) "Impaired property" ;
if such product, work, or properly is withdrawn or recalled from the market or from use by any person or
organization because of a lcnov~n or suspected defect, deficiency, inadequacy or dangerous condition in
it .
o . Personal And Advertising Injury
'Bodily injury" arising out of "personal and advertising injury' .
p . Asbestos .

Any loss, demand, claim or "suit" arising out of or related in any way to asbestos or asbestos-containing
materials .

. ~_

I
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q. Lead.
Any injury , damage, expense , loss, liability or legal obligation arising out of or allegedly arising out
of or in any way related to toxic properties of lead or lead-containing products, materials or
substances .
r. Employment Related
"Bodily injury" to :
(1) A person arising out of any :
(a ) Refusa l to employ that person ;
(b) Termination of that person's employment ; or
( c) Employment-related practices, policies, acts or omissions, such as coercion, demotio n ,
evaluation, reassignmen t, discipl ine, defamation, harassment, humil iation or discrimi n ation
d irec ted a t th a t person ; or
(2) The spouse, child, parent, brother or sister of that person as a consequence of "bod il y injury" to that
person at whom any of the employment-related practices described in paragrap h s (a), (b) or (c )
above is directed .
This exclusion applies :
(1) Whether the insured may be liable as an employer or in any other capacity-, and
(2) To any obligation to share damages with or repay someone else who must pay damages because of
the injury .
s. N uc l ea r En ergy .
"Bodily injury" or "property damage" :
(1) With respect to wh i ch an insured under the policy is also an insure d u nder a n uclear energy l ia b ility
policy iss u ed by N uclear Energy Liab i lity I nsurance Association , M utua l Atomic Energy Liability
Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an
insured u nder any such poky but for its termination upon exhaus tion of its limit of liability ; or
(2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which :
(a) any person or organization is required to maintain financial protection pursuant to the Atomic
Energy Act of 1954, or any law amendatory thereof ; or
(b ) the insured is, or had this policy not been issued would be, entitled to indemnity from the United
States of America, or any agency thereof, under any agreement entered into by the United
States of America, or arty agency thereof, with any person or organization .
(3) R esul ti ng from t he "hazardous properties" of "nuc l ear ma t erial", if:
(a) The "nuclear material" ( ' 1) is at any "nuclear fac i lity " owned by, operated by or on behalf of, an
insured , or (2) has been :' discharged or dispersed therefrom ;
(b) The "nuclear materia l " i s contained in spent fue l or waste at any time d i sposed, handled , used,
processed , stored, tran sported or d i sposed of, by or on behalf of an insured ; or
(c) The "bodily injury' or "property damage" arises out of the furn i sh ing by an insured of seNices ,
materials, parts or equipment in connection with the p l anning, construction , maintenance ,
operation or use of any ' nuclear facility", but if such faci lity is located with i n the United States of
America, its territories or possessions, this exclus i on (3)(c) applies only to "property damage " to
such " nuclear facilit y' and any property thereat .
(4) As used in this exclus i on :
(a) "Hazardous properties" include radioactive, toxic, or explosive properties ;
(b) "Nuclear material" means "source material", "special nuclear material", or "by-product material" ;
(c) "Source material", "sped ial nuclear material", and "by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any law amendatory thereof ;

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(d) "Spent fuel" means any fuel element or fuel componen t , solid or l i quid, which has bee n used or
exposed to radia tion in "nuc l ear reactor ;
(e) "1lVaste" means an y wa to m aterial (1) containi n g " by - p roduct material" ot h er than th e tai l ings or _ --,
wastes pro d uced by t e extrac t ion or concentration of uranium or thorium from any ore ;
processed primarily for is "source ma terial" content, and (2) resulting fr om the operation by a n y
person or organization of any nucl ear f acility included under the f irst two paragraphs of the
de f init i on of nucl ear facility-,
(f ) "Nucl ear facility" means
(1) Any "nuclear reacto
(2) Any equipment or device designed or used for (a) separating the isotopes of uranium or
plutonium, (b) processing or utilizing "spent fuel", or (c) handling, processing or packaging
"waste";
(3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear
material" if at any time the total amount of such material in the custody of the insured at the
premises where such equipment or device is located consists of or contains more than 25
grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of
uranium 235 ;
(4 ) Any structure, basin, excavation, premises, or place prepared or used for the storage or
disposal of "waste" : and
(5) The site on which any of the foregoing is located, all operations conducted on such site and
all premises used fdr such operations .
( g ) "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-
supporting chain reaction or to contain a critical mass of fissionable material ;
(h) "Property damage" inclodes all forms of radioactive contamination of property .
Exclusions c . through n . d o not apply to damage by fire to premises while rented to you or temporarilyy
occupi ed by you w ith permission of the owner . A separate l i mit of insurance applies to this coverage a_---4
described in SECTION III , LIMITS OF INSURANCE
COV E RAGE S . PE RSO N A L AND ADVERTISING I N J U RY LI A B ILITY
1. Ins uri ng Agreement
a . We will pay the insured for the "ultimate net loss" in excess of the "retained limit" shown in the
Declarations that the insured becomes legally obligated to pay as damages because of "personal and
advertising injury" to which this insurance applies . No other obligation or liability to pay sums or perform
acts or services is cdvered unless explicitly provided for under DEFENSE, INVESTIGATION,
SETTLEMENT, LEGAL EXPENSES AND INTEREST ON JUDGMENTS . But the amount we will pay for
the "ultimate net loss" because of damages is limited as described in SECTION III LIMITS OF
INSURANCE .
b . Th i s insurance applies to "personal and advert ising injury" caused by an offense arising out of your
business but only i f the offense was comm itted in the " coverage territory" during the po l icy peri od .
2. Exclusi ons .
This insurance does not apply to :
a . Knowing Violation Of Rights O f Another
"Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the
act would violate the rights of another and would inflict "personal and advertising injury .
b. Material Published With Knobledge OF Falsity
"Personal and advertising injur{ arising out of oral or written publication of material, if done by or at the
direction of the insured with kndwledge of its falsity .

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c. Mater ial P ubl i shed Prio r To Policy P eri od


"Personas and advertising inju~y" arising out of oral or written publication of material whose first
publication took place before th beginning of the policy period .
d. Criminal A cts
"Personal and advertising arising out of a criminal act committed by or at the direction of the
insured .
e . Contrac tual Liabil ity
"Personal and advertising injury" for which t he insured has assume d liability in a contract or agreemen t .
This exclusion does not apply tci liability for damages that the insured would have in the abse n ce of the
contract or agreement .
f. Bre a c h Of Co ntr ac t
"Personal and advertising injury arising out of a breach o f contract, except an implied contract to use
another's a dvertis i ng ide a i n you r "advertisement" .
g. Qu a lity Or P e rforman ce Of Gobds - Failure To Conform To Statement s
"Personal and advertising injury" arising out of the failure of goods, products or services to conform wit h
any statement of qua lity or performance made i n yo u r "advertisement" .
h . Wrong Description Of Pri ce s
"Personal and advertising injury" arising out of the wrong descript ion of the price of goods, products or
services stated in your "advertisoment" .
i . Infri ng ement Of C o pyr ight, Patent , Trademark Or Trade S ecret
"Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade
secret or other intellectual property rights .
However, this exclusion does nc4 apply to infringement, in your "advertisement", of copyright, trade dress
or slogan .
j. Insureds In Media And Interned Type Business
" Pers onal and a dv e rtisi ng injury ' committed by an insured whose busi ness is :
( 9) Advertising, broadcasting, publishing or telecasting ;
( 2 ) Designing or determining content of web-sites for others ; and _ .ry

(3 ) An Internet search, access, content or service prov i der .


Howeve r , this exc l usio n does not apply to Paragraphs 14a ., b ., and c. of "personal and advertis i ng
injury" under t h e D efini tions Section .
For the purposes of this exclusion, the placing of frames, borders or links, or advert i sing, for you or
others anywhere on the Internet, is not by itself, considered t h e business of advertising, broadcasting,
publishing or telecasting . ~~ .
k. El e ctronic Chatrooms Or Bulletin Boards
"Persona l and advertis i ng injury",arising o u t of an electronic chatroom o r bulletin board the insured hosts,
owns, or over which the insured exercises contro l .
[ . Unauthorized Use Of Another's Name Or Product
"Personal and advertising injury" prising out of the unauthorized use of another's name or product in your
e-mail address, domain name or metatag, or any other similar tactics to mislead anothers potential
customers .
m . Pollution
~ , "Personal and advertising injury arising out of any injury, damage, expense, cost, loss, liability or legal
~ obligation arising out of or in any' way related to "pollution", however caused ;

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n . As b estos
"Personal and advertising inj arising o ut of any loss, demand, cla i m, or "suit" arising out of or related
in any way to asbes t os or as ros-conta ining materials-, or
o . Employ ment-Related
"Personal and advertising injury to a person arising out of any :
(a)

(i) Refusal to employ that person ;


(i i) Termination of that pedson'S employment ; or
(iii) Employmen t-related practices, po l icies, a cts or om issions, such a s coercion, demoti on,
evaluation, reassignnlent, discipline, defamation, harassment, humi li ation or discrimination
directed at that perso n ; or
( b ) To the spouse, child, pareht, bro t her or sister of that person as a consequence of "personal injury"
to that person at whom any of the em ployment-related practices described in paragra phs ( i ), ( i i) or
(iii) above is directed .

This exclusion app l ies :


• ( a) Whether the insured may be l i ab le as an employer or i n any other capacity ; and
(b) To any ob li gation to share damages with or repay someone e lse who must pay damages
because of the injury .
DE FENS E, INVESTI G ATION , S ET`TLEMENT, LEGAL EXPENSES, AND INTEREST ON JUDGMENTS
1 . Defense, In v estigation , Settlement, Legal Expenses, and Prejudgme nt Int erest
This insurance does not apply to defense, investigation, settlement or legal expenses, or prejudgment
interest arising out of any "occu~'rence" or offense, but we shall have the right and opportunity to assume
from the insured the defense and control of any claim or "suit", including any appeal from a judgment,
seeking payment of damages ~avered under this policy that we believe likely to exceed the "retained"
limit" . In such event we and th insured shall cooperate fully .

2 . Interest on Judgments
We shall pay interest only on l, t h at amount of any j udgment we pay that accrues after entry of the
j udgment and before we have la i d, offered to pay, or deposited in court that part of the judgment that is
within the applicable li mit of insurance shown in the Declarations .

SE C TION IL - WHO IS AN INSURE


1 . If you are designated in the pedlarations as :
a. An individual, you and your, spouse are ins€~reds, but only with respect to the conduct of a business
of which you are the sole o+~ner .
b. A partnership or joint venture, you are an insured . Your members, your partners, and their spouses
are also insureds, but only V(h respect to the conduct of your business .
C. A limited liability company' you are an insured . Your members are also insureds, but only with
respect to the conduct of y~ur business . Your managers are insureds, but only with respect to their
duties as your managers .
d . An organization other than' a partnership or joint venture or limited liability company, you are an
insured . Your "executive officers" and directors are insureds, but only with respect to their duties as
your officers or directors . Your stockholders are also insureds, but only with respect to their liability
as stockholders,

e . A trust, you are an insured~ Your trustees are also insured, but only with respect to their duties as(trustees,

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2 . Each of the fo llowing is a l so an


a. Your "employees", other tha either your "executive officers", (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited liability
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of Your business . However, none of these "employees," is an insured for :
(1) "Bodily inj ury" or "personal and advertis in g injury" :
(a) To you, to your pa Hers or members (if you are a partnership or joint venture), to your
members (if you a e a limsted liability company), or to a ca= employee" while that co-
"emplpyee° is either in the course of his or her employment or performing duties related to
the conduct of your usiness :
J b ) To the spouse, chip, parent, brother or sister of that cc-"employee" as a consequence of
paragraph (1)(a) above ;
(c ) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in paragraphs (1) faF or (b) above ; or
(d) Arising out of his or her providing or failing to provide professional health care services .
(2) "Property damage" to property :
(a) Owned or occupied by,
(b) Rented to, in the Care, custody or control of, or over which physical control is be i ng
exercised for any purpose by
you, any of your "employees" any partner or member (If you are a partnership or joint venture),
or any member (if you a rt e a limited liabil i ty company) .
b. Any person (other than your "employee"), or any organization while acting as your real estate
manager .
c. Any person or organization having proper temporary custody of your property if you die , but only :
( 1 ) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your l ega l representative has been appo i n ted .
d. Your legal representative if ~ ou d ie , but only wit h respect to d u t i es as suc h . That representat ive will
have all your rights and dut i es under thi s Policy .
3. With respect to "mobile eq u ipm lent" registered in your name under any motor vehicle regist ration law ,
any person i s an i nsured while driving such equipment a long a public h i ghway wi t h your permission . Any
other pe rson or organization responsible for the conduct o f such person is al s o an insured , but only with
respect to li abil ity aris i ng out o f the operation of t he equipment , and only i f no other insurance of any kind
i s avail able to that person or drganization for this 4iab ility . However, no person or organizat i on i s an
insured with respect toy

a . "Bodily injury" to a co"empicpyee" of the person driving the equipment ; or


b . "Property damage" to property owned by, rented to, in the charge of or occupied by you or the
employer of any person who is an insured under this provision .
4 . Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company, and over which you Maintain ownership or majority interest, will qualify as a Named Insured if
there is no other similar insurange available to that organization . However :
a . Coverage under this prov'Oon is afforded only until the 180th day after you acquire or form the
organization or the end of the policy period, whichever is earlier ;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired
or formed the organization ; end
c . Coverage B does not apply o "personal injury" or "advertising injury" arising out of an offense
committed before you acqui d or formed the organization .
No person or organization is an ins red with respect to the conduct of any current or past partnership, joint
venture or limited liability company t at is not shown as a Named Insured in the Declarations .

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SECTION III - LIMITS OF IN CE AND RE TAINED LIMIT


1 . The Limits of Insurance shown n the Declarations and the rules below fix the most we will pay for the,-
"ultimate net loss" in excess of t e "retained limit" regardless of the number of :
a . Insureds ;
b . Claims made or "suits" brow ht ; or
c . Persons or organizations m ping claims or bringing "suits" .

2 . The Genera[ Aggregate Limit is the most we will pay for the sum of :
a. Damages under Coverage A, except damages because of "bodily injury" and "property damage"
included in the "prod ucFs-campleted operations hazard" ; and
b . Damages under Coverage EE .
3 . The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property damage" included in the "products-completed
operations hazard" .
4 . Subject to 2 . above, the Personol and Advertising Injury Limit is the most we will pay under Coverage 8
for the "ultimate net loss" in e~¢cess of the "retained limit' for damages because of all "personal and
advertising injury" sustained by any one person or organization .
5 . Subject to 2 . or 3 . above, whichever applies, the each Occurrence Limit is the most we will pay under
Coverage A for the "ultimate net loss" in excess of the "retained IimiY' for damages because of all "bodily
injury" and "property damage" arising out of any one "occurrence" .
6 . Subject to 5 . above, the Dam~ge to Premises Rented To You Limit is the most we will pay under
Coverage A for the "ultimate net loss" in excess of the "retained limit" for damages because of "property
damage" to any one premises, v~hi#e rented to you, or in the case of damage by fire, while rented to you - ,
or temporarily occupied by you v~ith permission of the owner.
7. If the policy aggregate limits, aset forth in 2 . and 3 . above, are paid prior to this policy's termination
date, this policy's premium is full earned .
The Limits of Insurance of this po icy apply separately to each consecutive annual period and to any
remaining period of less than 12 r~anths, starting with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after issuance for an additional period of less than 12
months . In that case, the additional~period will be deemed part of the last preceding period for purposes of
determining the Limits of Insurance .
SECTION IV - CONDITIONS
1 . Ban kruptcy .
Bankr uptcy or insolvency of the insu r ed or of the i nsured ' s estate will not relieve us of our obligations
under this policy .
2 . Duties i n the Event of Uccurre Ohce, Cla im or Suit.
a . Notice shall be sent to us as $oon as practicable whenever you have information fro m which you may
reasonably conclude that a "occurrence" or offense may result in a claim or claims involv i ng
damages which, in the event tha# yvu are held i i a b le, are likely to exceed 50% of the " retained limit' .
Failure to g ive notice of any " ccu rrence" which at the time of its happening did not appear to exceed
50% of the " retained limit" but which, at a later date would appear to give rise to a claim under th i s
insurance , shall not prejudice such claim .
b . You m ust see to it that we are notified of an "occurrence", or an offense which may result in a claim .
Notice should include : 'i
(1) How, when and where the i "occurrence " or offense took place ; and
(2 ) The names and addresse i of any injured persons and any witnesses ; and
(3) The nature and location o l~l any injury or damage arising out of the "occurrence" or offense .

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c . If a claim is made or a "suit" is brought against any insured which is likely to involve this
insurance, you must notify{ us promptly with a written notice of the claim or "suit" .
d . You a n d any other involveo i nsured mus t ;
( 1) I mmed i a tely send use copies of any demands, notices, summonses or lega l documents
r e ceived i n con n ecti o~ with the cl aim or "sp it" ;
(2 ) Authorize us to obtair records and other information ;
(3) Assist us, upon ou request, in the enforcement of any rig ht aga inst any perso n or
organization which n y be liab l e to the i nsured because of i njury or damage to which this
insurance may also a
e . You shall make a good fe evaluation of any claim for settlement purpcases,
3 . Legal Action Against Us .

No person or organizat i on his a right under this pol i cy :


a . T o jo i n us as a party or otherwise bring us into a "suit" asking for damages from an insured ; or
b . To sue us on thi s policy unless all of its terms have been fully complied with .
A person or organ ization may sue us to recover on an agreed settlement or on a fi nal judgment
agai nst an insured obtained after an actual trial, but we will not be l iable for damages that are not
payable under the terms of his policy or that are in excess of the applicable limit of insurance . An
agreed settlement means a ', settlement and release of liab i lity signed by us , the insured and the
claimant or the cla i mant's legal representative .

4 _ Other Ins u ra nce .


If other insurance is available to the i nsured for a loss we cover under this policy, this i nsurance is
excess over that ot her i nsurance, unless that insura n ce is written speci fica ll y to ap ply in excess of
t h e l i mits of Insurance shown i n the Declarat i ons .
When this insurance is excels over other i nsurance, we will pay on l y our share of t he amount of the
loss, if any, that e xceed s t he l, s u m of :
a . T h e total amoun t th at MI such oth er insurance would pay for t he loss in the absence of this
i nsu rance ;
b. The total of all deduc ti b l e and self-insured amounts under al l t hat other insurance ; and
N othing herein shall be co n strued to make this p o l icy subject to the terms, conditions an d l imita t ions
of other insu rance .

5. Premiu m Aud it.


a . We will compute all premiums for this policy in accordance with our rules and rates .
b . Premium shown in this policy as advance premium is deposit premium only, At the close
of each audit period we ill compute the earned premium for that period . Audit premiums are due
and payable on notice to the first Named insured . If the sum of the advance and audit premiums
paid for the policy period is greater than the earned premium, we will return the excess to the first
Named insured .
c . The first Named InsQ:red must keep records of the information we need for premium
computation, and send us copies at such times as we may request .
6. Representations .
By accepting this policy , you agree :
a . The statements in the Declarations are accurate and complete ;
b . Those statements are based upon representations you made to us ; and
c . We have issued this policbr in reliance upon your representations .
r

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7. Separation of Insured s .

Except with respect to the Li of Insurance, the application of the "retained limit", and any rights or
duties specifically assigned in policy to the first Named Insured, this policy applies:
a . As if each Named Insured the only gamed Insured ; and .-~

b . Separately to each I nsured inst whom claim i s made or "suit" is brought .

8 . Transfer of Rights of Recvveo Against Others to Us .


If the insured has r i ghts to rec~ver all or part of any payment we have made under this policy , those
rights are transferred to us . ~' h insured must do noth i ng after toss to I mpa i r them . At our request, the
insu red will bring "su i t" or transfer those rights to us and help us enforce them .

9. When We Do Not Ren ew .


If we decide not to renew this P ol i cy, we will mail or deliver to the first Named Insured shown in the
Declarations written notice of t h(t nonrenewal not less than 60 days before the exp i ration date .
I f notice is mail ed, proof of mailing will be suffic i ent proof of notice.

10 . Cancellation .
a . The first famed I nsured shown i n the Declarations may cancel th is policy by mailing or de l ivering to
us advance written notice of ! cancellation .
b . We may cancel this policy' by mailing or de l ivering to the first Named I nsu red written notice of
cancellation at least:
(1) 10 days before the effective date of cance[lakian if we ca n cel for nonpayment of premi um; or
(2) 60 d ays before the effective date of can cel lation if we cancel for any ot her reason .
c . We may mail or deliver our'i, notice to the first Named Insured's last mailing address known to us .
d . Notice of cancellation will state the effective date of cancellation . The policy period will end on that ~
date .
e . If this policy is canceled, ire will send the first Named Insured any prem i um refund dug . If we
cancel, the refund will be p ~o rata . If the first Named Insured cancels, the refund may be less than
pro rata . The cancellat i on rlv i il be effective even if we have not made or offered a refund .
f. If notice is mailed, proof of rlnailing will be su fficient proof of notice .
91 . Changes .
This policy contains all the agreqmenfs between you and us concerning the insurance afforded . The first
Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with
our consent . This policy's terms can be amended or waived only b y endorsement issued by us and
made part of this policy .

12 . Examination of Your Books and Records .


We may examine and audit your books and records as they relate to th i s policy at any time during the
policy period and up to three years afterward .

13 . Inspections and Surveys .


We have the right but are not obl igated to :
a . Make inspections and surveys at any time ;
b . Give you reports on the conditions we find ; and
c . Recommend changes .

t_ .!

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Any inspections, surveys, r epor s or recommendations relate only to insurability and the premiums to be
cha r ged . We do not make safe r inspections . We do not undertake to perform the duty of any person or
organization to provide for the health or safety of workers or the public . And we do not warrant that
conditions :

a . Are safe or healthful,- or


b . Comply with laws, codes or standards .

This condition applies not only us, but also to any rating, advisory, rate service or similar organization
which makes insurance inspec is, surveys, reports or recommendations .

14 . Prem i ums .
The first Named Insured shown in the D e clarations :
a . Is responsible for the payment of all premiu ms ; and
b . Will be the payee for any rei o rn premiums we pay .

15 . Transfer of Your Rights and Duties Under This Policy .


Your rights and duties under this policy may not be transferred without our written consent except in the
case of death of an individual named insured .
If you die, your rights and duties will be transferred to your legal representative but only while acting
within the scope of duties as dour legal representative . Until your legal representative is appointed,
anyone having proper temporar~ custody of your property will have your rights and duties but only with
respect to that property .

SECTION V - DEFINITIONS
1 . "Advertisement" means a notice that is broadcast or published to the general public or specific market
segments about your goods, products or services for the purpose of attracting customers or supporters .

`_4 a . Notices that are published include material placed on the Internet or on similar electronic means of
communication ; and
b. Regarding web-sites, only that part of a web-site that is about your goods, products or services for
the purposes of attracting customers or supporters is considered an advertisement .
2 . "Auto" means a land motor vehile, trailer or semitrailer designed for travel on public roads, including any
attached machinery or equipmer t . But "auto" does not include "mobile equipment" .
3 . "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting
from any of these at any time .
4. "Coverage territory" means :
a. The United States of Amefico (including its territories and possessions), Puerto Rico and Canada ;
b. International waters or airspce, provided the injury or damage does not occur in the course of travel
or transportation to or from any place not included in a . above ; or
c . All parts of the world if:
(1) The injury or damage arses out of :
(a) Goods or products made or sold by you in the territory described in a . above; or
(b) The activities of a p~rson whose home is in the territory described in a . above, but is away
for a short time on your business ; and
(c) "personal and advertising injury" offenses that take place through the Internet or similar
electronic means of communication .
(2? The insured's responsibility to pay damages is determined in a "suit" on the merits, in the
territory described in a . above or in a settlement we agree to .

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5 . "Employee" includes a " leased "Employee" does not include a "temporary worker" .

6 . "Executive off i cer" means a rson holding any of the officer positions created by your charter,
constitution, by- laws or any of s i m i lar governing document . ,
1
7 . "Impaired property" means tan able property, other than "your product' or "your work", that cannot be
used or is less useful because :
a . It incorporates "your prodi ~ct° or "your work" that is known or thought to be defective, deficient,
inadequate or dangerous ; t r
b . You have failed to fulfill the terms of a contract or agreement ;
if such property can be restored to use by :
a . The repair, replacement, adjustment or removal of "your product" or "your work" ; or
b. Your fulfilling the terms of tine contract or agreement .

8. " Insured contract" m eans :


a . A contract for a lease of promises . However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire to premises while rented to you or
temporarily occupied by yo :u with permission of the owner is not an "insured contract" ;
b. A sidetrack agreement;
c . Any easement or license agreement, except in connection with construction or demolition operations
on or within 50 feet of a railroad ;
d . An obligation, as required by ordinance, to indemnify a municipality, except in connection with work
for a municipality ;
e. An elevator maintenance a~reement ; or
f . That part of any other contract or agreement pertaining to your business (including an,
indemnification of a municipality in connection with work performed for a municipality) under which
you assume the tort 4iabilit~of another party to pay for "bodily injury" or "property damage" to a third
person or organization . Tory liability means a liability that would be imposed by law in the absence of
any contract or agreement .
Paragraph f . does not incluae that part of any contract or agreement:

(1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or
demolition operations, Within 50 feet of any railroad property and affecting any railroad bridge or
trestle, tracks, road beds, tunnel, underpass or crossing ;
(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders, or drawings and specifications or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage; or
( 3) Under which the insur6d, if an architect, engineer or surveyor, assumes liability for injury or
damage arising out of the insured's rendering or failing to render professional services, including
those listed in (2) abov6 and supervisory, inspection or engineering services .

9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties related to the conduct of your business . "Leased worker"
does not include a "temporary worker" .

10 . "Loading or unloading" means tie handling of property :


a . After it is moved from the pi~ace where it is accepted for movement into or onto an aircraft, watercraf~'t
l
or "auto" ; or L ._ ~

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b. While it is in or on an wa t ercraft or "auto" ; or


c . While it is being moved an aircraft, watercraft or "auto" to the place where it is fina l ly de livered ;
but "loading and unloading" does not include the movement of property by m eans of a mechan ical
devi ce , other than a hand tru ck, tha t is not attached to the aircraft, watercraft or "auto" .

11 . "Mob i le equipment" means any f the following types of land vehicles, including any attached machinery
or equipment :
a. Bulldozers, farm machinery , forklifts and other veh icles designed for use principally off public roads,
b . Vehicles maintained for u se l solely on or next to premises you own or rent-,
c . Vehicles that travel on crawler treads ;
cE. Veh icles, whether self-prcipelled or not, maintained primar ily to prov i de mobility to permanently
mounted :
(1) Power cranes, shovels, loaders, diggers or drills ; or
(2) Road construc t ion or resurfacing equipment such as graders, scrapers or rol le rs ;
e . Vehicles not described in p ., b ., c . or d . above that are not self-propelled and are maintained
primarily to provide mobility to permanently attached equipment of the following types :
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical explorafionj lighting and well servicing equipment ; or
(2) Cherry pickers and simillar devices used to raise or lower workers ;
L Vehicles not described in 4 ., b ., c . or d. above maintained primarily for purposes other than the
transportation of persons or cargo .
However, self-propelled vehicles with the following types of permanently attached equipment are not
"mobile equipment" but will be considered "autos" :
t ,7
(1) Equipment designed pri?narily for.
(a) Snow removal ;
(b) Road maintenance, flit not construction or resurfaci n g ; or
(c) Street cleaning ;
(2) Cherry p ickers and sim i lar devices mounted on automobile or truck chass i s and used to raise or
lower workers ; and
(3) Air compressors, pum ps and generators, i nclud ing sprayi ng, w e lding, building cleaning,
geophysical exploration,, lighting and well servicing equipment .
12. "Occurrence" means an accident, including continuous or repeated exposure to substant i ally the same
general harmful cond i tion s .
13. "Personal and advertising injury" rn eans inj ury, including consequential "bodily i njury", ar i sing out of one
or more of the following offenses :
a. False arrest, detention or imprisonment-,
B . Malicious prosecution ;
C. The wrongful eviction from , 'I wrongful entry into, or invasion of the right of private occupancy of a
room, dwelling or premises tha# a person occupies by or o n behalf of its owner , landlord or lessor ;
d. Oral or written publication ofimaterial that slanders or l i bels a person or organization or disparages a
person's or organization's goads, products or services ; or
e. Oral or written publication of 6 aterial that v i olates a person's right of privacy ;
f. The use of another' s advert is i ng idea in your "advertisement"; or
J• Infring i ng upon another's copyright, - trade dress or slogan in your "advertisement" .

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14 . "Pol lution" includes t h e act ual, Ileged or potential presence in or introduction in t o the environment of
any substance if such substance has, or is a l leged to have, the effect of making the environment impure,
harmful, or dangerous . Environment includes any air, land, structure or the a ir t herein, watercourse or
water, including underground water .

15 . "Products-completed operation hazar d "

a . Includes all "bodily injury" a~d "property d a mage" occurring away from premises you own or rent and
ar ising out of "your producY or "yo u r work" except:
( 1) Prod u cts that are still in your physical possession; or
(2) Work that has not yet been co mp leted or abandoned . However, "your work" wil l be deemed
comp l eted at the earliest of t h e followin g t i mes :
(a) When all of thee work called f or in your contract has been completed .
(b) When all of the work to be done a t the site has been completed if your contrac t calls for work
a t more than one side .
( c ) When that part of the work done a t a job site has been put to its inte n ded use by any person
or organization other than another contrac tor or subcontractor worki n g on the same proj ect .
Work that may need service, main tenance, correction, repair or replacement, but which is
ot h erwise complete, willl be treated as completed .

b . Does not include "bodily injury" or "property damage" arising out of :


(1) The transportation of property, unless the injury or damage arises out of a condition in or on a
vehicle not owned or operated by you, and that condition was created by the "loading or
unloading" of that vehicle by any insured ;
(2) The existence of tools, t~ninstalled equipment or abandoned or unused materials ; or
(3) Products or operations ' for which the classification, listed in the Declarations or in a policy
schedule, states that products or completed operations are subj ect to the General Aggregate;- - .~
Lim i t . - -7

16 . "Property damage " means :


a . Physica l injury to tangible property, including all resulting loss of use of that property . AU such loss of
use shall be deemed to occur at the time of the physical injury that caused i t ; or
b . Loss of use of tangible property that is not physically injured . All such loss of use shall be deemed to
occur at the time of the "occurrence" that caused it.

For the purposes of this insurance, electronic data is not tangible property .

As used in this definition, electronic data means information, facts or programs stored as or on, created
or used on, or transmitted to ah from computer software, including systems and applications software,
hard or floppy disks, CD-ROMS' tapes, drives, cells, data processing devices or any other media which
are used with electronically cont~'olled equipment.

17 . "Retained limit" means the limit indicated as the "retained limit" shown in the Declarations . "Retained
limit" does not include prejudgr~ent interest, interest that accrues after entry of the judgment, nor any
expenses incurred by the insureki in the defense of any claim or "suit' .

18 . "Suit" means a civi l proceeding i n which damages because of "bodily i njury ", "property damage",
"persona l injury" or "adverti sing injury" to which th i s insurance appl i es are alleged . "Suit ' includes :
a . An arbitration proceeding ih which such damages are cla i med and to which you must submit or
submit with our consent ; or '',
b . Any other alternative disptat~ resolution proceed i ng in which such damages are claimed and to wh i ch
you submit with our consent s 11
L_ . .,
19 . "Temporary worker" means a p~rson who is furn ished to you to substitute fo r a permanent "employee "
on leave or to meet seasonal or hors term workload conditions .

XS-6U91c (07/02) Reprinted in part wi~h permission of insurance Services Office , Inc ., 1998 Page 16 of 17
i
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 20 of 67

20 . "Ultimate net loss" means the tot I amount which the insured is legally obligated to pay as damages due
to an "occurrence" or offense arising out of covered claims or "suits" either by an adjudication or a
settlement to which we agree in riling and includes interest that accrues after entry of the judgment and
deductions for recoveries and salvages which have been or will be paid . "Ultimate net loss" does not
include any of the expenses incurred by the insured or us in connection with defending the claim or
°5U11° .

21 . "Yo u r product " means :

a . Any goods or products, other than real property, manufactured, so ld, handled, distributed or
d i sposed of by : j
I
(1) You ;

(2) Others trading under your name ; or

(3) A person or organization whose business or assets you have acq u ired ; and

b. Con t ainers (other than vehicles), materials, p arts or equipment f urnished in connection with such
goods or products .

" Y ou r product" i n cludes"

a . Warranties or representa t ions made at any time with respect to the fitness, quality, durab ility,
performance or use of "your product" : and

b . T h e providing of or failure to provide warnings or instructions .


"Your product" does not incl ude vending machines or other property rente d to or located for the use of
others but not sold .

22 . "Your work" means :


a . Work or operations performed by you or on your behalf, and
b . Materials, parts or equipment furnished in connection with such work or operations .
"Your work" includes :
a . Warranties or representations made at any time with respect to the fitness, quality, durability,
performance or use of "your work" ; and
b . The providing of or failure to provide warnings or instructions .

X5-6U91e (07/02) Reprinted in pa rt with permissio n of insurance Services O ff ice, Inc., 1998 Page 17 of 17
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 21 of 67

SC HED LE O F NAMED INSTJREDS

Named In sured Race tr a c Pet roleum , .


Inc E ndo rsement N umber
1 ( Page 1 of 2 )
Policy Symbol Policy N umber Policy Period Effective D a te of E ndo r se ment
X SL 62 059385 9 06/ Q /2005 to 06/01/2006 0 6 /0 1 /20 0 5
Iss u ed By (Nam e of Insurance Company)
ACE American Insurance Company

I nse r t 10e po ficy n umbe r . T h e rem aind er of t he information is to tie compl e ted only when this e n dorsertienl is i ssued subsequent to the p reparati on of th e poli cy .

T HI S E NDORSEME N T CHANGPS THE POLI CY . PLE ASE RE A D IT CARE F U LLY .

This endorsemen t modi fies insur ance p r ovided unde r the following :

EXCESS C OD7MOCIAL GENER AL LIABILITY PO LICY

The Named I ns u red shown in the Declarations is am e nded to read a s follows :

RaceTrac Petroleum, Inc .


C .B . Propert ies, Inc .
Cumberland Environmental Services, ] ; nc .
Del Lago Ventures, Inc .
Edward Advert i sing Company
The Ethanol Corporation
Gi n gercrest , Inc .
Gulf Coast Terminals, LLC
Mesqu i te Creek Development
Metroplex Energy, Inc .
Metropolitan Foods, Inc .
''-14ountainprize, Inc .
Pepperwood, Inc .
Powers Ferry Realty, Inc .
RaceTrac Beverage Company
RaceTrac Capital, LLC
Southern Cornerstone, Inc .
Strategic Food All i ance, Inc .
Tanglebrook, LLC
Texas City Real Estate Investment Corporat i on
Transport South, Inc .
Transport South of Virgin i a, Inc .
Wholesale South, Inc .
Wholesale South Distributing, Inc .
Consumer Incentive Programs, Inc .

any o ther organization you newly acquire o r form, other than a partnership oz . j oint
venture , and over wh ich you maintain ownership or maj or ity intere s t, provided :

a) there is no other s i milar insurance available to that organ i zation ; and

b) you notify us o f such acquisit i on not l ater than 6 0 days after the end of the
policy period .

Authorized
CG-1 E1 5P td . In U . S .A .
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 22 of 67

SCHEDULE OF NAME D I NSUREDS

Named Insured Ra cet rac P e troleum , I ac . Endo rsem ent Nu m ber


1 (Page 2 o f 2 )
Poli cy Symbol Poli cy Nu m ber Policy Period Effe ctive Date of Endors eme n
xs~ G205 9 3 8 5 4 0s/C1/2005 to 06/01/2006 06/01/2005
Iss u e d By (Name of Insu rance Com pany)
AC E American Insurance Company

Insert the policy n umber. T he remainder of the information i s to completed on ly wh ey thi s end orsement is i ssue d su bseque nt to the p reparati on of the policy .

As respects n ew l y acquired or form ed organizations :

1 . Co verage A does not appl y to "bodi ly in j u ry" o r "property damage" that occurred
before you acquired o r formed the o r ganization ; a nd

2 . Covera ge B do e s not appl y to "personal i n jury " or "adv ertising i nj ury " a ri sing out
of an offense comm itte d befo re you acqui r ed o r for m ed the o r gan izatio n .

No person or orga n ization is an insured wit h respect to the conduct of any current or
past joint venture that is not shown as a Named Insured on this schedule .

CC - 1E15 Ptd . In U .S .A .
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 23 of 67

POLI C Y NUMBER : XSL G20593854 ENDT. #2

INTERIM IUM PAYMENT ENDORSEMENT

,Named Insured Racetrac Petroleum,


Endorsement Number Inc
2
Policy Symbol Policy Number Policy Period Effective Date of Fridc
XSL G2D593$54 06/01/2005 to 06/01/2006 06/01/2005

Issued By (Name of Insurance Company


ACE American Insurance Company

It is hereby agreed that the estimated annual premium for the policy is payable as follows :

Deposit Premium 06/01/2005

Interim Premiums S. Date Payable 09/01/2005


S 12/01/2005
S as/oi /2oos

REDACTED

Total Estimated Premium $476,365

It is further agreed that the deposit premium shall be paid upon delivery of the policy and the interim
premiums on the indicated dates . Upon 'expiration of the policy the earned premium shall be computed in
accordance with the basis of premium as specified in the policy and the deposit premium and interim premiums
shall be credited thereto . If the earned premium exceeds the deposit premium plus the interim premiums, the
insured shall immediately pay to the company the additional earned premium ; if it be less, the company shall
return the difference to the insured but shall, in any event, retain the minimum premium stated in the
declarations .

Authorized Agent

L C -578d 1173 Pld - in U . S.A .


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 24 of 67

ION BY US

Named In sured Racetrac Petroleum, Inc . Endorsement Number


3
Policy S ymboV Policy Number P alscy Per ioc Efiecfive Date of Endorsemen
XS L 62 0 593 85 9 0 6/ i1/2005 to 06/0 1 /2006 06/01/2005
issued By (Name of I ns urance C o m p a ny)
ACE Amer i c an Insurance Compa ny

Insert the policy number . The remainder of ills in formation is lc e completed only when this endorsement is issued subsequent to t he preparation of the policy .

THIS ENDORSEMENT CEiAD1G B S THE PO L ICY . PLEASE READ IT CAREFULLY .

Th is endorsement modifries insur an c e pr o v i ded under the following-

EXCESS CONfHERCIAL GENERAL LIABILI TY POLICY

Paragraph 10, b, of SECTION IV - CIONDITIONS is replaced by the following :

b . We m ay cancel this po li cy my mai l ing or del ivering to the firs t Named Insured
wr itten n otice o f cancellation at least :

1. 1 0 days be f or e the effec tive date of cancellation if we cance3l for nonp aymen t
of premium ; o r

2 . 90 days before the effective data o f cancellation i f we cancel f or any other


reason,

nt
CC-1E15 Md . In U .S .A .
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 25 of 67

AMENDMENT O F CANC ELLATI ON P ROVISI ONS -NOTICE TO ADDITIONAL INTERES T( S )

Named Insured Racetrac Petroleum, I c . Endorsement Number


4
Policy Symbol Policy Number Policy Period Effective Date of Endorsemen
XSL G20593854 06/(1/2005 to 06/01/2006 06/01/2005
Issued By (Name of Insurance Company)
ACE American Insurance Company

Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparat ion of [lie policy,

THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .

This endorsement modifies insurance provided under the following :

EXCESS COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE

Number of days advance not i ce : 60

Name : Fl orida Depar tment of Transportation

Address : P .O . Box 607


Ch ipl ey , FL 32428

.~

Author ized
CC - 1 E 15 Md . In U. S . A .
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 26 of 67

POL I C Y NUMBER : XSL G20 593$54 E N Di ' . #5

ADDITIONAL INSURED 4- MANAGERS OR LESSORS O F PREMISES


14a m ed Insured Racetrac Pe tro leum, Inc . Endorseme n t Nu mber
5
Policy Symbol Policy Number Policy Pe riod Effective Date of Endorsement
XSL 620593854 06/01/204 to 06/01/2006 06/01/2005
Issued B y (Name o f Insuran ce Company)
AC E Ame ri can Insurance Compa ny
Insert the p o licy n u mbe r, The re ma inder of the information is to be t mpleted only when fibs nd orsement is issued subsequent to the preparation of the policy .

THI S ENDORSEMENT CHANGES T HE P O LI C Y. PLEA SE R E AD IT CA R EFULLY .

Thi s endorsement modifies ins u ran ce provid e d under the following :

EXCESS COMMERCIAL GENERAL LIABILITY P O LICY

S CHEDU L F

Designat ion of Premise s ( P art Lease d to You) ;

Name of Person or Organizat i on (Additional Insured):


)aiy Manager or Lessor whom you have agreed to include as an
additional i ns u red under a written contract .

WHO IS A N INSURED (Section a1) is amended to include as an insured any person or organ ization shown in the Schedule but only
with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the
Schedule and subj ect to the follow i ng additional excl ulsions :

This insurance does not apply to-

1. Any "occurrence " which takes place after you cease to be a tenant in that premises .

2. Structural alterations, new construction or demolition operati ons performed by or on behalf of the person or
organization shown in the Schedule .

Au tho rized A gent

XS-fi W30 (09/95) Ptd . i n U .S.A .


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 27 of 67

POLICY NUMBER : XSL G20593854 ENDT . #6

AD AL INSURED -VE NDORS

amed Raa etsa c Petr o leum, Inc .


6

XSL I G205S3854 1 06 / 01/20 to 06/0 1 /2006 06/01/2005


I ssued By ( N a me of Insurance Comp ,
ACE Ame rican I nsur ance

I n sert t he policy number. Th e remai nder o f th e information is to be only when this end orse men t i s issue d sub se qu en t to th e preparation of th e policy .

THIS ENDORSEMENT CHA NG ES THE POLICY . PLEASE READ IT CAREFULLY.

This endo rsement modifies insura nce provided under the follo wi ng :

EXCESS COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE

Name of Per son o r Organization (Vendor) : Any vendor wh om y o u have agreed to inc lude a s an

additional insured under a written contract .

Your Produc ts :

WHO I S AN INSURED (Section R I) is amended to include as an i ns ured an y person or organizatio n (referred to b e low as ven dor)
s hown in the Sch ed ule but o n ly wit h respec t to "bodily inj ury" o r "property d amage' arising out of "your p r oducts" sho wn i n t he
1-ched u le which are dis t ributed o r sold in the reg u lar course of the vendo r 's business, su bject to the fol lowi n g a d di t ional excl u sions :

1 . T he insurance afforded t he vendor does no t appl y to :

a. "B od ily inj ury " or "p rop e rty damage" for whi c h t he ven d or is o bl ig ate d to pay dam ages by reason of the ass um p tion of
liabi lity in a contract or agreement . This exclusion does no t a p ply to liabi l ity for damages tha t the vendor would have
in the absence of the contract or agreement ;

b. A ny exp ress warr anty unau thorized bbl you ;

C. Any physical or chem ical change in the product made intentionally by the vendor ;

d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing , or the substitution of parts
under instructions from the manufacturer, and then repackaged in the original container ;

Any failure to make such inspections ,', adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business , in connection with the d istribution or sale of the produc ts ;

demonstration, installation , servici ng cpr repai r operations, except su ch operations performed at the vendor's premises
in connection with the sale of the prod uct ;

Products which, after distribution of dale by you , have been labeled or relabeled or used as a conta i ner, part or
ingredient of any other thi ng or substance by or for the vendor.

2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any
ingredient , part or container , entering i n to , accompanying or containi ng such products .

A ut h orize d Age nt

XS-6W 3 1 (09195) Ptd . i n U .S .A.


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 28 of 67

ruin Y N U nnrstrc: xsL U zu5U sU54 trtu ~ . Fr

EMPLOYEE BENEFITS LIABILITY COVERAGE


.
Named Insured Racetrac Petroleum, Inc fEndorsement Number
7

Policy SymboE Policy Number Policy Period Effective Date of Endorsement


XSL G20593854 06/01/2005 to 06/01/2006 06/01/2005

Issued By (Na me of Insurance Company)


ACE American Insurance Company

THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY .


T h is en dorsement mod ifies insurance provi d ed under the following
:
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE
Schedu l e
LIMITS OF INSURANCE

Each Claim Limit $ 500,000


Aggregate Limit $ 500,000
Retroactive Da t e 06/01/2004

Q The Year 2000 e


Exclusion below does not apply if this box is checked .
INSURING AGREEMENT
We will pay under this endorsement those sums in excess of the "retained limit" shown in the Declarations that
74 the insured becomes legally obligated to pay as damages because of a claim or "suit" brought by any employee,
former employee, or their beneficiaries or legal representatives in connection with any error, omission, or breach
of duty in the "administration" of your "employee benefits" programs .
We have no duty to defend any "suit" seeking those damages, but we shall have the right and opportunity to
assume from the insurerd the defense and control of any claim or "suit', including any appeal from a judgment,
seeking payment of damages covered under this endorsement that we believe likely to exceed the "retained limit" .
But the amount we will pay for damages is limited as described in the Schedule as Limits of Insurance ;
This insurance applies to errors, omissions, breaches of duty, or misstatements only if a claim for damages is first
made against any insured during the policy period or any Extended Reporting Period we provide under the
paragraph titled Extended Reporting Period .
This insurance does not apply to errors, vmis~sions, breaches of duty, or misstatements which occurred before the
Retroactive Date shown above, or which occur after the end of the policy period .
WHO IS AN INSURED
With respect to this endorsement, Section II - Who Is An Insured is modified to include employees only while
authorized to act in the "administration" of your "employee benefits" programs .
E XCLUSION S
Insurance under this endorsement does not apply to any claim or "suit' arising out off :
1 . any dishonest, fraudulent, criminal or malicious act ;
2 . any "bodily injury", "personal injury', "advertising injury", or "property damage" ;
3. any claim for failure of performance of contract by any insurer,
4 . any obligation of the insured under is workers' compensation, disability benefit s or unemployment
compensation law or any other similar law ;
': 5 . any alleged wrongful termination or related allegations ;
6. any failure of stock to perform as represented by you ;
7, any advice given by you to your employees to participate or not to participate in stock subscription plans ;

XS -6W24a {O 1/99 } Ptd . i n U .S . A. Page I of 3


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 29 of 67

8 . any act u al or a lleged error or omission or breach of duty, comm itte d or alleged t o h ave b een committed by a
trustee, in the disch arge of fiduciary d ties, o b ligations or res p onsibiliti es i mposed by the Federal Employee
Retirement I ncome Security Act o f 1 97 . 4 or Title X of t he Consolidated Omnibus Budget Reconciliation Act of
'l 985 (Public Law 89-272) o r Section 91, 19 of the Omn i bus Budget Reconciliation Act of 1986 (P ubl ic Law 99- ~
509) or any amendment to t h ese Acts; ;
9 . any claims or "suits" arising directly or indirectly out of the "Year 2000 computer-related and other electronic
problems hazard" . This exclusion also applies to any claim or "suit" seeking damages due to a failure to
foresee, address, remedy, warn, fix, a vise or otherwise avoid or mitigate "Year 2000 computer-related and
other electronic problems" . However, this exclusion does not apply if the box in the Schedule above is
checked .

LIMITS OF INSURANCE
The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we wi ll pay
for the "ultimate net loss" in excess of the "retained I i miY' regardless of the number of:
1. Insureds ;
2 . Claims made or "suits" brought ; or
3 . Persons or organization making claims or bringing "suits" .
The Aggregate Limit is the most we will pad for the "ultimate net loss" in excess of the "retained limit" because of
all damages under this endorsement.
Subject to the Aggregate Limit, the Each Claim Limit is the most we will pay for the "ultimate net loss" in excess of
the "retained limit" arising out of any one claim or "suit" .
The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less
than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy
period is extended after issuance for an additional period of less than 12 months . In that case, the additional
period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance . 1
ADDITIONAL DEFINITIONS
The following add i tional definitions are add o d to Section V - Definitions:
A. "Employee benefits" means group life insurance, group accident or health insurance, profit sharing plans,
pension plans, employee stock subscription plans, employee travel, vacation, or savings plans, workers'
compensation, unemployment insurance, social security and disability benefits insurance, and any similar
program.
B . "Administration" means any of the following acts that you do or authorize a person to do :
3 . Counseling employees, other than giving legal advice, on "employee benefits" programs ;
2 . Interpreting your "employee benefits" programs ;
3 . Handling records for your "employee benefits" programs ; and
4 . Effecting enrollment, termination or cancellation of employees under your "employee benefits"
programs .
"Administration" does not include :
a. The failure of performance of any contract by any insurer ;
b. The failure of any investment plan to perform as represented by an insured ;
C. The inability of "employee benefit" programs to meet their obligation due to insolvency .
C . "Year 20Q0 compute-related and other electronic problems" means the inability of computer hardware,
computer software or microprocessort to recognize, distinguish, interpret, accept or process date or time
data (including, but not limited to, Icalculating, comparing, storing, inputting, manipulating, updating,
recording, displaying, outputting, trans~tring or sequencing) from, into or between the twentieth and twenty-
first centuries, and the years 1999 and A00 and leap year calculations, . ._,

XS-6W24a Page 2 of 3
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 30 of 67

D . "Ye ar 2000 computer-related and other I elec t ron ic problems hazard" means :
Any actual or a l leged failure, m . or inadequacy of:
a . Any of the follow i ng, whe#f belonging to any insured or to others '

x (1) Computer hardware, utfin g m i croprocessors ;


(2) Computer app lication
(3) Comp uter operating and related software ;
(4) Comp uter networks ;
(5) M icroprocessors (comp~ter chips) n ot part of any computer sys t em; or
(6) Any othe r computerized or electro nic equipment or components ; or
b . Any other products, and any services . data or functions that directly or indirectly use or rely on, in
any manner, any of the items listed in paragraph a . above .
due to any potential or actual "year 2000 computer-related and other electronic problems" .
Any advice, consultation, design, oualuation, inspection, installation, maintenance, repair, replacement
or supervision provided by or done by you or for you to determine, rectify or test for, any potential or
actual. "year 2000 computer-related and other electronic problems" .
EXTENDED REPORTING PERIOD
1 . We wi ll automatically provide an Exte n d0d Reporting Period as described in paragraphs 2 . a nd 3 . be low if:
a . This endorsement is cancel led or not tenewecf ; or
b . We renew or replace th i s endorseme n t with insurance that :
(1) Has a Retroactive Date later than the date shown on this endorsement ; or
(2) Does not apply to errors, om i ssions , breaches of duty, or misstatements on a cla i ms- made basis .
2 . The Extended Reporting Period does not extend the policy period or change the scope of coverage provided .
It appli es only to clai m s for errors , omissions , breaches of duty , or misstatements that occur before the end of
the policy period but not before the retroactive Date shown in this endorsement .
Once in effect, the Extended Reporting Period may not be cancelled .
3 . The Extended Reporting Period is automatically provided without additional charge . This period starts with the
end of the policy period and lasts for five dears .
The Extended Reporting Period does not apply to claims that are covered under any subsequent insurance
you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such
claims .
4 . The Extended Reporting Period does not re i nstate or increase the limits of Insurance .

Author ized Ag ent

X S-6W 2 4a Page 3 of 3
i
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 31 of 67
POLICY NUMBER : XSL G2d593854 ENDT . #8

LOSS ADJ TENT EXPENSE WITHIN LIMITS

Endorsement Number
Ra cet rac Pe tr o leu m , Inc . 8
Policy Symbol Policy Number Palicy Per Effective Date of Endorsement
XSL 62059385 9 06/01/2 5 to 0 6/ 0 1/20 0 5 06/01/2005
Issued By (Name of Insurance Company)
ACE Am eri can I nsura nce Company
Inseit the policy number. Th 01 t he

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

This endorsement modifies insurance provided under the following :

EXCESS COMMERCIAL GE NERAL LIABILITY POLICY

Section V - Defi nit ions, paragra p h 1 6 . i s rep laced in it s enti rety by t he follow i ng :

16 . " R eta ined Iimi P me an s t he li m it in d icat e d as the "ret ained li m it" shown in t h e Decl arati ons . "Ret aine d limit " doe s n ot
i nclude p rejud gm ent int erest , int e rest th at accru es after en try o f t he j udgement n or a ny expenses incu rred by th e
insured in the defense of any claim or "su#" except for "loss adjustment expense" .

`Loss adjustment expense" sha l l be i nc l u d ed wi thin t he "reta i ne d limit' .

Section V -De fi n iti ons, paragraph 1 9 . is repl aced in its en tirety by t he follo w i ng :

19 . "Ultimate net loss" means the total amount which the insured is legally obligated to pay as damages due to an
"occurrence" or offense arising out of covered claims or "suits " either by an adjudication or a settlement to wh ich we
agree in writing and includes interest fh iat accrues after entry of the j udgement and deductions for recoveries and
salvages which have been or will be paip . "Ultimate net loss" does not include any of the expenses incurred by the
i nsured or us in connection w ith defendincj the claim or "su i t" except for "loss adjustment expense " .

"Loss adj ustment expense" shall be included within the "ultimate net loss " .

Th e following definition is a dded to Section V - d e fin itions :

22, "Loss adjustment exp ense" means such ¢laim ex penses and costs incurred by t h e insured or by us in conn ection with
the investigation, administration, adjustment, settlement or defense of any claim or "suit" to which this policy applies .
Such expenses include, but are not limited to, attorneys' fees for claims in suit, court costs and related costs such as
filing fees, the . cost of medicsl examination, expert medical or other tes timony, laboratory services and x-rays,
autopsies, stenographic services, witnesses and summonses and copies of documents, but will not include th e claims
fees of a claims servicing organization, the salaries a nd traveling e x penses of the insured's employees, the insured's
overhead, the salaries and traveling expenses of our employees, our overhead or adjusters' fees .

Paragraph 1 . of D EFEN S E, IN VESTI GAT IO N, SE TTL EM E N T, L EGAL EXP E NSES , AND INT E R ES T ON JUDG M E NT S -
COVER AGES A AND B is replaced in its entirety by the following :

1 . Defense, Investigation, Settlement, and Legal Expenses, and Prejudgment interest

This policy does not apply to defense, investigafipn, settlement, or legal expenses, other than "loss adjustment expense", or
prejudgment interest arising out of any "occurrenc¢" or offense, but we shall have the right and opportunity to assume from the
insured the defense and control of any claim or rsuit", including any appeal from a ju dgment, seeking payment of damages
covered under this policy that we believe likely to exceed the "retained limit" . In such event we and the insured shall cooperate
fully.

Authorized Agent

XS-6092 25 (3197)
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 32 of 67

POL I CY NUMBER : XSL G20593854 ENDT . #9

POLLUTION EXC LUSION - HOSTILE FIRE EXCEPTION


I ' ., .
Tamed In Race trac P et r o l eum , I n c . E ndorse m ent
9
policy symbol Policy Number Pol icy Per iod Effective Date of E ndo rse men t
X SL 6205 9 3 8 5 4 0 6/0 1 /2 0 5 to 06/01/2006 06/01/2005
I ss ued 8y (flame of Insu ra nce Company)
ACE Americ an Insurance Co mpa ny ~'
I nsert the policy number . The rema inder of the information is to be completed only when thi s endorsement i s i s sued subs equent to the preparati on of the policy-

TH IS ENDODRSEME N T CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

This endorsement modifies i nsuran c e prov i ded und e r the following :

EXCESS COMMERCIAL GENERAL LIABILITY POLICY

E xclusio n 21 of Section I , Covera g e A i s replaced by the following :

f. An y i nj ury, dama ge, expe n se, cost, loss, l iabil ity or l ega l obliga ti o n ari si ng out of or i n a n y way re lated to pollu ti on, however
caused .

Pollutio n in cl udes the actua l, a lle g ed or pot en tial prese n ce in or i n tro duction into the environment o f any s ubstance if such
su bstan c e h as, or is a lle g e d to h ave, the effect of maki ng the en vi ron ment i mp ure, ha rm ful, or dangerous . E n vi ronm ent
incl udes any a ir, land, st r u cture or the a i r therein, watercourse or water, inc luding underground wa ter,

th i s exclu sion d oes n ot a pply to : "bodily injury"' or "pro perly d a mage" cau sed by heat, smo ke or fu mes from a host i le fire :

(1) At or from t he premises you own, re nt or occupy ; or

(2) At or from any site or location on w h ich ' you or any o f you r co ntract o rs wor k i n g dire ctl y or i ndirectly on you r behalf are
performing operations, if pollutants are brought on or to the site in connection wit h such operations.

A hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be .

Au thorized Agent

.,
t

XS-6W35 (09/95) P td. in U .S.A .

1
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 33 of 67

POLICY NUM 13E R : XSL G20593854 ENDT. #10

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US

Named }nsured Raaetrac Petroleum, Inc . Number Endorsement


10
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
XSL 620593854 106/01/20 05 to 06/01/2006 06/01/2405
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy nu mber. The remainder of the information is to be completed only when Wis endorsement is issued subsequent to the preparation of t h e p olicy.
v

TH IS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following :

EXCESS COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE
Name of Person or Organization :
Any person o r organ i zation against '; whom you have agreed, in a written
co ntrac t , to wa ive your right of x le covery , prov i ded such cont r act was
ex e cuted prior to the date of lo ss ! .

We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments
we make for injury or damage ar ising out of your ongoing operations or "your work" done under a contract with that person or
organizati on and included in the 'products- completed operations hazard" . This waiver applies only to the person or organ izat ion
shown in the Schedule above .

Authorized gent

. .

XS-M34 (09/95) P td. in U .S,A .


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 34 of 67

POLICY NUMB E R : XSL G20593854 ENDT. #11

MTBE EXC L USION

End or se ment Number


Racetrac Petro l eum , Inc . 11
P ol ic y S ym bol Poli cy N um ber Po lic y P eri c d Effe ctive Date o f Endorsement
XS L 620 5 93 8 5 4 06/a l / 2 (05 to 0 6 / 01 / 2 00 6 06/01/2005
Issued By (Name of I nsu ra n ce C omp
ACE Ameri can Insurance Cc

Insert the olio number . Th e remainder of the i is to bb completed only when th i s endorsemen t is to the orenaration of

THIS ENDORSEMENT CHA N G E S THE POLICY . PLEASE READ I T CAREFULLY.

Th is endorsement modifies i nsurance provided under the following :

COMMERCIAL f; ENERAI LIABILITY COVERAGE PART

This insurance does not apply to any injury, dannage, expense, cost, loss, demand, claim . liability or legal obligation arising
out of , res u lti n g from or i n any way relate d t 4 actual, a lleged or thre aten ed di sch arg e, d is p ersa l, se e page , m i gration,
re l e ase, escap e, spil l, le ak , handling , sa le ,' d is tribution , manufacture, rem ed iation , di s posa l , mon itoring , best i n g,
i nvestigation, treatment, neutralization or detoxification o f M ethyl -Tert iary-Butyl Et her or Methyl-Tert-Butyl E ther (`MTBE") ;
or any produ ct , sub sta n ce, or was tes co n t aining) MTBE ; or any da ughte r or degradati on pro du cts of MT BE .

The addition of this endorsement does no t i rn~ly t h at other policy provisions, incl uding but not limited to any po llution
e x clusion, d o not also exclude cov e rage for MT E related inju ry, da mage, expen se, cos t , loss, liability, or l egal obliga ti on .

All o th er terms a nd con dit ions of this po l icy rem ain un changed .

Authorized Representative
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 35 of 67

POLICY NUMBER: XSL G20593854 ENDT . #12

SILICA, DUST AND PARTICULATE MATTER EXCLUSION

Named Insured Endorsement Number


Racetrac Petroleum, Inc . 12
Policy Symbol Policy Number Policy Per od Effective Date of Endo
XSL G2d593854 106/01/ 2005 to 06/01/2006 06/O1/20a5
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number . The r emainder p( the info rmation is to Ge comp leted on wh en thi s endorsement is issued

THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .

This endorsement modifies nsurance provided under the following-

COMMERCIAL GENERAL LIABILITY COVERAGE PART

This insurance dues n ot apply to any injury, da{nage, expense, cast, loss, l iability or legal obliga tion arising out of, resulting
from, or in any way related to, in w h ole or i n p dri , the respiration, i n spiration, inhalation or breathing in of dust or particulate
matter . Dust or particul ate master ma y i n cl ude, but i s no t limited to: dust , p artiW ate matter , ins pira ble du s t , s es pi rable
dust, smok e, mist, d i rt , fibers, g ri t, soot, salt, acids, bases, me tals, aerosols, crysta l s, minerals, sand, silicates, or si lica .

The additi on of this e ndorsement does not irhp ly that other policy provi sio ns, including but not limited to any pollution
e xclusio n or as bestos ex cl usion, do not also exc lude coverage for dust or pa rti culate ma tter re lated i nj u ry, damage,
expense, cos t , loss, l ia b ility, or l egal ob l iga tion .

Auth orized Re p resentative

1
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 36 of 67

POLICY NUMBER : XSL G20593854 ENDT. #13

INTERLINE
IL 00 21 05 04

THIS ENDORSEMENT S THE POLICY . PLEASE READ IT CAREFULLY .

NUCLEAR ENE RGY LIABILITY EXCLUSION


E MDORSEMENT
(Broad Form)

This endorsement . modifies insurance provided under the foNowing -

COMMERCIAL AUTOMOBILE COVERAGE PART


COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATId~S LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGt PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART

1 . The i nsurance does not apply : B . Under any Medical Payments coverage, to
A . Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily injury"
or "property damage" : resulting from the "hazardous properties" of
"nuclear material" and arising out of the
(1) With respect to which an "insured" under operation of a "nuclear facility" by any person or
the policy is also an insured under a nuclear organization .
energy liability policy i ssued b N uclear
Energy Liabil ity Insurance Association , C . Under any Liability Coverage, to "bodily injury"
Mutual Atomic Energy L iability LJn erwri ters , or "property damage" resulting from "hazardous
Nuclear Insurance Association of anada or properties" of "nuclear material", if:
any of their successors, or world be an (1) The "nuclear material" (a) is at any "nuclear
insured under any such policy ut for its facility' owned by, or operated by or on
termination upon exhaustion of a s lim it of behalf of, an "insured" or (b) has been
; or
liability discharged or dispersed therefrom ;
(2) Resulting from the "hazardous p roperties" (2) The "nuclear materiaP' is contained in "spent
of "nuclea r material" and with respect to fuel" or "waste" at any time possessed,
which (a ) any person or organizat i on is handled, used, processed, stored,
required to maintain fi nancial protection transported or disposed of, by or on behalf
pursuant to the Atomic Energy Act of 1954, of an "insured" ; or
or any law amendatory thereof, r (b) the (3) The "bodily injury" or "property damage"
"insured" is, or had this p olicy I, not been
arises out of the furnishing by an "insured"
i ssued would be , enti tled to i ndemnity from of services, materials, parts or equipment in
the United States of America, or any agency connection with the planning, construction,
thereof, under any agreement entered into
maintenance, operation or use of any
by the United States of America, or any
"nuclear facility", but if such facility is
agency thereof, with any person or
located within the united States of America,
organization .
its territories or possessions or Canada, this
exclusion (3) applies only to "property
damage" to such "nuclear facility" and any
property thereat .
J

IL 00 27 05 04 6 ISO Properties, Inc ., 2001 Page I of 2 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 37 of 67

2. As used in th i s endorsement : (c) Any equipment or device used for the


"Haza rdous properties " includes toxic processing, fabricating or alloying of
or explosi ve properties : "special nuclear material" if at any time the
total amount of such material in the custody
"Nuclear material" means "source material", of the "insured" at the premises where such
"Special nuclear material" or "by-product ateriai" ; equipment or device is located consists of
"Source material", "special nuclear material," and or contains more than 25 grams of
"by-product material" have the meanings given plutonium or uranium 233 or any
them in the Atomic Energy Act of 1954 or in any combination thereof, or more than 250
law amendatory thereof ; grams of uranium 235 ;
"Spent fuel" means any fuel element or fuel (d) Any structure, basin, excavation, premises
component, solid or liquid, which has been used or or place prepared or used for the storage or
exposed to radiation in a "nuclear;reactor disposal of "waste" ;
"Waste" means any waste material (a) containing and includes the site on which any of the foregoing
"by-product material" other than the tailings or is located , all operations conducted on such site
wastes produced by the extraction or concentration and all premises used for such operations ;
of uranium or thorium from any ore F~rocessed "Nuclear reactor"' means any appara t us designed
primarily for its "source material" content, and (bj or used to sustain nuc lear fiss ion in a self-
resulting from the operation by any person or supporting chain reac tion or to contain a critical
organization of any "nuclear facility" inclugled under mass of fissionable material,
the first two paragraphs of the definition of "nuclear
facility". "Property damage" inc l udes all forms of
radioactive con tamination of property .
"Nuclear facility" means :
(a) Any "nuclear reactor" ;
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or
packaging "waste" ; +-;!

i }

Page 2 of 2 O 'JSO Properties , Inc . , 2001 IL 00 21 05 04 Q


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 38 of 67

POLICY NUMBER: XSL G20593854 ENDT . #'S 4


._~
COMMERCIAL GENERAL LIABILITY
CG 24 08 10 93

THIS ENDORSEMENT CHAN THE POLICY . PLEASE READ IT CAREFULLY .

LIQUOR LIABILITY
This endorsement modifies insurance provided under the following :

CO MM ERCIA L GE N ERAL LIABILITY COVERAGE PART

Exclusion c . - Liquor Liability of COVERAGE A - BODILY INJU RY A N D PROPERTY DAMAGE LIABILITY


(Sec tion I ) - Coverages does not apply.

CG 24 08 10 93 Copy righ t , l ns*a n ce Serv ices O ffice, I nc., 1992 Page 1 of I El


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 39 of 67
POLICY NUMBER : XSL G20593854 END7 . #75

THIS ENDORSEMENT THE POLICY . PLEASE READ IT CAREFULLY .

Named Insured Endorsement Nu mb er


Racet ra c Pet r o l eu m , I nc_ 15
Policy Symbol Policy Number Po licy Peric d Effective Date
XSL 620593854 Qfi/01/2 05 to 06/01/2006 Ofi/O1/2005
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number . The remainder of the information is to coin leled onl when tMs endursemenl is issued subse ueni to tt

CONDtTEdN L LIMITATION OF COVERAGE FOR


TERR4RI M ON AN ANNUAL AGGREGATE
BASIS ( RELA 1NG TO DISPOSITION OF F EDE RAL
T E RRORIS RISK INSURANCE ACT OF 2002) .

Th is endorsement modifies in su ra nce pro vi ded apnde r the follo wing :

EXCESS COMMERCIAL GENERAL LIA9{LITY POLICY

SCHEDULE

information requ ire d to complete this Schedule, ,if not sho w n ab ove, may be shown in the Declarations or another Te rrorism
Aggregate Limit e nd orsemen t a tt ached to this policy . Refer to Paragraphs F . and G, in this endorsement for information on
how the Terrorism Aaa rea ate Li mi t ann lies,

:..~~ A. Applicability Of The P r ovisions of This Endors ement

1 . Th e provisions o f th is e n dorsemerJt will become applicable commencing o n the date w hen any one or
m ore of the f o ll owing fi rst occu rs :

a. The feder al Terrorism R isk itisurance Program (" Program"), established by the T errorism R isk
Insurance A ct of 2002, has term i nated with respect to the type of insurance provi ded under t h is
Coverage Part; or

b . A rene wal , extensi o n or contin~ ation of the Program h as become effective without a requirement to
ma ke terrorism covera ge ava ila le to you and with revisions that :

{1 / I ncrease our s tatutory percentage d e d uctib le un der t he Program for terrorism l osses . (Th a t
deductible d etermines thel a mo u nt of all certified terrorism losses we must pay i n a calendar
year, before the federal government shares in subse q uent payment of certified terrorism losses .) ;
or

(2) Decrease the federal govjernmanYs statutory percentage share in potential terrorism losses
above such deducttbie ; or

(3) Redefine terrorism or make insurance coverage for terrorism subject to provisions or
requirements that differ from those that apply to other types of events or occurrences under this
policy .

The Program is scheduled to terrni~nate at the end of December 31, 2005 unless renewed, extended or
otherwise continued by the federal ~overnrnent

.~
~Yl /' SVC VJr1 GVVV

Re p r inted i n pa rt , with permissio n o, f I SO Properties, I nc . . 2004


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 40 of 67

2 . If the provisions of this endorse become applicable, such provisions :


a . Supersede any terrorism ends cement already endorsed to this policy that addresses "certified acts of
terrorism" andJor "other act: of terrorism", but only with respect to an incident(s) of terrorism
(however defined) which resi is in injury or damage that occurs on or after the date when the
provisions of this endorsemer become applicable (for claims made policies, such an endorsement is
superseded only with respect o an incident of terrorism (however defined) that results in a claim for
injury or damage first being lade on or after the date when the provisions of this endorsement
become applicable); and

b. Remain applicable unless we you of c hanges in these provi s ions, in respons e to federa l law.

3. If the provisions of this endorserhent do NOT become applicable, any terrorism endorsement already
endorsed to this policy, that addrejsses "certified acts of terrorism" and/or "other acts of terrorism", will
continue in effect unless we notify ~rou of changes to that endorsementiin response to federal law .

B . The following definition is added and applies under this endorsement wherever the term terrorism is enclosed in
quotation marks :

"Terrorism" means activitie s against persons, organ izations or property of any nature:

1. That i nvol ve the following or preparation for the following :

a. Use or threat of force or violence or


b . Commission or threat of a dange~ous act ; or
c . Commission or threat of an ac( that interferes with or disrupts an electronic, communication, information, or
mechanical system ; and
2. Whe n one or b oth of the following ap plies :

a . The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to
disrupt any segment of the economy; or
b. It appears that the i ntent is to int midate or coerce a government , or to further political , ideological, religious ,
social or econom i c objectives or to express (or express opposition to) a philosophy or ideology .
a.'.~
C . For the purposes of this endorsement, the term "terrorism" will apply only to an incident in which :
1 . The total of insured damage to all types of property exceeds $25,000,000 . In determining whether the
$25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and
entities affected by the terrorism arjd business interruption losses sustained by owners or occupants of the
damaged property. For the purpose) of this provision, insured damage means damage that is covered by any
insurance plus damage that would be !covered by any insurance but for the application of any terrorism exclusions ;
or
2 . Fifty or m o re p erson s s u sta in d eath or serio u s phy sic al i nj ury. F o r the pu rposes o f thi s prov is ion, se rious p h ysical
inj ury m ea ns :

a. Physical injury that involves a sutistantial risk of d eath ; or


b . Protracted and obvious physical dl i sftgurerttent; or
c. Protracted d oss of or impairment Of the function of a bodi l y member or o rgan .
Multiple incidents of "ter rorism" wh i ch occur within a 72 - hour peri od and appear to be carried out i n concert or to have a
related purpose of common leadership wig be deemed to be one incident, for the purpose of determin i ng whether the
thresholds in Pa ragraphs C . 1 . or C .2. are exceeded .

Q Coverage provided by this insurance for ° Oodily i njury ", "property damage" or " personal and advertis i ng i njury", arising
out of "terrod sm ", is subject to the Terror is al n Aggregate Limit as described in Pa ragraph E. of th is endorsement.
E. The following are added to Section III -Li m its Of Insurance :
Subject to Paragraphs 2 . and 3. of SecO on fit -limits Of Insuran ce , as appli cable, t he Terro ri sm Aggregate limit
shown in the Schedule of this endorsemenk is the most we will pay for all :

1. "Bodily inj ury" a nd "prop e rty damage " u nde r Cove r age A; and

TR- 16537(10104) @ACE USA, 2004 Page 2 of 3


Reprinted i t part, with permission of ISO Properties, Inc., 2004
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 41 of 67

2 . "Perso n al and advertising i njury" u Coverage B~

arising out of "terrorism" .


P a ra gr aph 4 ., th e Personal And Advertising In j u ry Limit, Pa ragrap h S., th e E ach Occur rence Limit, a n d P a ragra p h 6 .,
th e Dam age To P rem ises Rented To You L i mi t , of Secti on III - Limits Of Insurance conti n ue to a pply to damages
ar i s ing out of " terrori sm" . Those li m it s wi I on l y be ava il able if, an d to t h e extent that, li m its are available under the
Terrorism Aggregate Limit.

F . If t he prov i sions of th i s endorsement sups rsede (see P aragraph A .2 .), du ring the p olicy peri o d , an en dorse m e nt tha t
provid ed a Ter rorism Ag gregate Limit on it ju ry or da m age arisin g o u t o f te r rorism ( h owever defined), th is en d orsemen t
does not provide a new or add itional Terr rism Aggregate Li m i t . I n stead, t he amount of t he Terrorism Aggreg ate Li m it
sh own in th e supersede d endorsement (fir ba l a nce of t hat amou nt ), if n ot exhaus t ed , will apply . If th at amount is
exhausted b y payments un der the provisions o f e ither end o rsem en t or a com bi nation o f the two, no coverage remain s
under either endorsement .

G . If thi s Co verage Pa rt d id not contain a Tertorism Aggrega te Limit for terrorism (however d efined), before th e p ro vi sions
of this endors ement become appl icabl e, the Terro ri sm Ag gre g ate Limi t in t his end orse ment beg in s to app l y o n the d ate
when th e p rov isions of th is endorsemen t become appl i cable . In t ha t case, t h e Ter rorism Aggrega te limit will only a pply
t o injury or da m age a ri s ing out of an inc id eint(s) of "terrorism" cove red under this Coverage Part after that date .

A ll other terms and cond itio n s remain unchanged-

Aut horized Representat ive

TR- 7 6537(10104) Q ACE USA, 2004 Page 3 of 3


Reprinted in part, with permission of ISO Properties, inc ., 2004
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 42 of 67

POLICY NUMBER: XSL G20593854 ENDT. #16


_ . -.,
COMMERCIAL GENERAL LIABILITY
CG 00 62 12 02

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

WAR LIABILITY EXCLUSION

This endorsement modifies insura nce provided under the following :

CO MM ERCIAL GE N ERA L LI ABILITY C{OVERAGE PART

A . Exclu sion i . under paragraph 2 ., Exclusions of B . The fo ll owi ng exclus ion is added to Paragraph 2 .,
Section i - Coverage A - Bodily 1 0jury And Exclusions of Section I - Coverage B -
Property Damage Liabi l it y is replaced by the Personal And Ad ve rt isi ng Injury Liab i lity :
folfowing : 2. Exclus ion s
2 . Exclusions This insurance does not apply to :
This insurance does not apply to . WAR
i . War "Personal and advertising injury", however
"Bodily injury" or "property damage", caused, arising, directly or indirectly, out of.
however caused, arising, directly or a . War, including undeclared or civil war; or
indirectly, out of:
b . Warlike action by a military force, including
(1) War, including undeclared or civil war; or action in hindering or defending against an
1-4
(2) Warlike action by a military force, actual or expected attack, by any
including action in hindering or govefnmen#, sovereign or other authority
defending against an actual or expected using military personael or other agents ; or
attack, by any government, sovereign or c . Insurrection, rebellion, revolution, usurped
other authority using military personnel power, or action taken by governmental
or other agents ; or authority in hindering or defending against
(3) Insurrection, rebellion, revolution, any of these .
usurped power, or action taken by C . Exclusion h . under Paragraph 2 ., Exclusions of
governmental authority in hindering or Section I - Coverage C - Medical Payments
defending against any of these .
does not apply. Medical payments due to war are
now subject to Exclusion g . of Paragraph 2 .,
Exclusions of Section I - Coverage C - Medical
payments since "bodily injury"arising out of war is
now excluded under Coverage A .

.~

CG 00 62 12 02 0 ISO Properties , inc., 2002 Page 1 of 1 0


i
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 43 of 67

P OL I CY N U M BER : XSL 620593654 EN D 7 . #17

DISCLOSURE OF PI :MIUM AND ESTIMATED PREMIUM


FOR CERTIFIED ~ TS OF TERRORISM COVERAGE
(PURSUE T TO TERRORISM RISK
INSU ONCE ACT OF 2002)
E n dorseme n t Nu m ber
Ra cetra c P et ro l eum , In c . 17
Policy Symbol Policy Number Policy Period Effective D ate o f Endo
XSL G2 0 593854 06/01/2005 to 06/01/2006 0 6 / 0 1/2 0 05
Issued By (Name of Insurance Comp
ACE Ame r ican Insurance Ca
u9M to the
the polic y.

THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE
DISCLOSURE REQUIREME NTS OF THE TERRORISM RISK INSURANCE ACT OF 20 0 2 . THIS ENDORSEMENT
DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS O F ANY C OVERA G E
UNDER THIS POLICY .

SCHEDULE"

Terrorism rremwm lc ertmea A cts)


(A) Premium through 12131105 $
(B) Estimated Premium beyond i213110 5 ( te(er to Paragraph C , below) $

Addi tiona l in form ation , if any, concerning the terrorism p rem ium :
._, REDACTED

Information required to if not s hown on th is end o rsem ent, will b e sh o wn in th e


Declarations.

A. Disclosure Of Premium

In acco rdance wi th the fede ral Terrori sm Risk Insurance Act of 2002 , we are required to provide you with a
notice disclosing the portion of your prem i um , i f any , attributable to coverage for terrorist acts certi fi ed under that
Act . The portion of your premium attributable to such coverage i s shown in the Schedu le of this endorsement or
i n the policy Declarations .

ALL-16541 (90/0a) Reprinted with permission of Insurance Services Office Page 1 of 2


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 44 of 67

B. D iscl osure Of Fed eral Participation 10 Payment Of Terrorism Losses

Th e Uni ted S tates G ov e rnment , D ant of the Treasu ry, will pa y a s hare of te rro ris m losses insure d und e r
th e federal program . The fede ra l equals 90% o f th at portion o f the amoun t of s uch insure d l osses that
e xcee ds th e applicable insurer reti

C. Possi b ility O f Addit ional Or R etur n um

The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in
payment of terrorism losses as set faith in the Terrorism Risk Insurance Act of 2002 . The federal program
established by the Act is scheduled to terminate at the end of 12131!05 unless extended by the federal
government . If the federal program terminates or if the level or terms of federal participation change, the
estimated premium shown in (B)l of the Schedule may not be appropriate .

If this policy contains a Conditional E; xclusian, continuation of coverage for certified acts of terrorism, or
termination of such coverage , will be determined upon disposition of the federal program, subject to the terms
and conditi ons of the Conditional Exclusion . If this policy does not contain a Conditional exclusion , cove rage for
certified acts of terrorism will continue . I n either case , when disposition of the federal program is determined, we
will recalculate the premium shown in (B) of the Schedule and will charge additional premi um or refund excess
premium, if indicated .

If we notify you of an additional pr emium charge, the additional premium will be due as specified in such not ice .

Authorized Agent

ALL-165 4 1 ('10104) Reprinted with permission of Insurance Services Office Page 2 of 2


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 45 of 67

POLI CY NUMBER : XSL G20593854 ENDT . #18

e COMMERCIAL GENERAL LIABILITY


CG 02 20 03 98

THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .

FLORIDA CHANGES -
CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following :

COM M ERCIAL GENERAL LIABILITY COVERAGE PART


LIQUOR LI ABI LI TY COVERAGE P AR T
POLLUTION LIABI LITY COVERAGE PART
P RO D UC TSlCO M PLETE D OPERAT I O N S LI AB I LITY COVERA GE PART

A. Paragraph 2. of the Cancellation Common Policy (4) A substantial change in the risk covered
Condition is replaced by the following : by the policy; or
2 . Cancellation Of Policies In Effect (5 ) The cancellation is for all insureds under
a . For 90 Days Or Less such policies for a given class of
insureds .
If this policy has been in effect for 90 days
or less, we may cancel this policy by mailing If we cancel this policy for any of these
or delivering to the first Named Insured reasons, we will mail or deliver to the first
written notice of cancellation, accompanied Named Insured written notice of
by the reasons for cancellation, at least : cancellation, accompanied by the reasons
for cancellation, at least :
~~ (1) 10 days before the effective date of
cancellation if we cancel for nonpayment (a) 10 days before the effective date of
of premium ; or cancellation if we cancel for
nonpayment of premium ; or
(2) 20 days before the effective date of
cancellation if we cancel for any other ( b ) 45 days before the effective date of
reason, except we may cancel cancellation if we cancel for any of
immediately if there has been : the other reasons stated in
Paragraph 2 .b .
(a) A material misstatement or
misrepresentation ; or B . The following is added and supersedes any other
provision to the contrary :
(b) A failure to comply with the
underwriting requirements NONRE NEWAL
established by the insurer . 1 . if we decide not to renew this policy we will mail
b . For More Than 90 Days or deliver to the first Named Insured written
notice of nonrenewal, accompanied by the
If this policy has been in effect for more reason for nonrenewal, at least 45 days prior to
than 90 days, we may cancel this policy only the expiration of this policy
for one or more of the following reasons ;
. Any notice of nonrenewai .2 .hailed
will be- or
(1) Nonpayment of premium ; delivered to the first Named lnsured's last
(2) The policy was obtained by a material mailing address known to us . If notice is
misstatement ; mailed, proof of mailing will be sufficient proof
(3) Failure to comply with underwriting of notice .
requirements established by the insurer
within 90 days of the effective date of
coverage ;

CG 02 20 03 98 Copyright, insurance Services Office, I nc ., 1997 Page 1 of 1 11


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 46 of 67

POLICY NUMBER : XSf, 6205 93654 ENDT . #19


F

IL 02 62 07 02

THIS ENDORSEMENT CHANG ~ S THE POLICY . PLEASE READ IT CAREFULLY .

GEORGIA CH ANGES - CANCELLATION


AND NONRE NEWAL
This endorsement modifies insurance provided under the following :

BOILER AND MACHINERY COVERAGE PART


CAPITAL ASSETS PROGRAM t O tJTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVE RA G E PART
COMMERCIAL INLAND MARINE COVE RAGE PART
COMMERCIAL PROPERTY COVERAGE ' PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT' -RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PA RT
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART

A . Paragraph A .1 . of the CANCELLATION Common Our notice will sta te the effective date of
Policy Condition is replaced by the following : cancellation, which will be the later of the
1 . The first Named Insured shown in the fo llowing :
Declarations may cancel this policy by maili ng (1) 10 days from the date of mailing or
or del i vering to us advance wr i tten notice of delivering our notice, or
cancellation stating a future date on wh ich the (2) The effective date of cancellation stated
policy is to be cancelled , subject to the in the first Named Insured's notice to us .
following :
B . Paragraph A .5. of the CANCELLATION Common
a . If only the interest of the first Named Policy Cond i tion is replaced by the following :
Insured is affected, the effective date of
cancel lation will be either the date we 5 . Premium Refund
rece ive notice from the first Named Insured a. If this policy is cancelled, we will send the
or the date specified in the notice , first Named Insured any premium refund
whichever is later. H owever , upon ; receiving due .
a w r itten not ice of cancellation from the first
b . If we cancel, the refund will be pro rata,
Named insured , we may waive the
except as provided in c . below,
requirement that the notice state ire future
date of cancellation, by confirming ; the date c . If the cancellation results from failure of the
and time of cancellation i n writing tb the first first Named Insured to pay, when due, any
Named Insured . premium to .us or any amount, when due,
under a premium finance agreement, then
b . If by statute, regulation or contract this
the refund may be less than pro rata .
policy may not be cancelled unless notice is Calculation of the return premium at less
given to a governmental agency, mortgagee than pro rata represents a penalty charged
or other third party, we will mail or deliver at on unearned premium .
least 10 days notice to the first Named
- -) Insured and the third party as soon as d . If the first Named Insured cancels, the
practicable after receiving the first Named refund may be less than pro rata .
fnsured's request for cancellation .

IL 02 62 07 02 D f50 Properties , In c ., 2001 Page '! of 2 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 47 of 67

2 . When this policy has been in effect for more


e . The cancellation will be effective even if have than 60 days, or at any time if it is a renewal
with us, we may cancel only for one or more of
not made or offered a refund .
the following reasons :
a . Nonpayment of premium, whether payable
C . The following is added to the CAIVCLLA710N to us or to our agent ;
Common Policy condition and supersedes any
other provisions to the contrary: b . Upon discovery of fraud, concealment of a
material fact, or material misrepresentation
If we decide to: made by or with the knowledge of any
1 . Cancel or nonrenew this policy ; or person insured under this policy in obtaining
2 . Increase current policy premium by more than this policy, continuing this policy or
presenting a claim under this policy ;
15% (other than any increase due to change in
risk, exposure or experience modification or c . Upon the occurrence of a change in the risk
resulting from an audit of auditable coverages) ; which substantially increases any hazard
or insured against; or
3 . Change any policy provision which would limit d . Upon the violation of any of the material
or restrict coverage ; terms or conditions of this policy by any
Then : person insured under this policy .
We may cancel by providing notice to the first
We will mail or deliver notice of our action
named insured at least :
(including the dollar amount of any increase in
renewal premtum of more than 15%) to the first • 10 days before the effective date of
Named insured and lienholder, if any, at the last cancellation if we cancel for nonpayment of
mailing address known to us . Except as applicabke premium ; or
as described in Paragraph D . below, we will mail or • 45 days before the effective date of
deliver notice at least : cancellation if we cancel for any of the
1 . 10 days before the effective date of reasons listed in b., c. or d . above .
cancellation if this policy has been in effect less
than 60 days or if we cancel for nonpayment of ~"..~
premium ; or
2 . 45 days before the effective date of
cancellation if this policy has been in effect 60
or more days and we cancel for a reason other
than nonpayment of premium ; or
3. 45 days before the expiration date of this policy
if we decide to nonrenew, increase the
premium or limit or restrict coverage .
D . The following provisions apply to insurance
covering residential real property only provided
under the :
CAPITAL ASSETS PROGRAM (OUTPUT
POLICY) COVERAGE PART ;
COMMERCIAL PROPERTY COVERAGE PART ;
FARM COVERAGE PART ;
if the named insured i s a natural person .
Wi th respect to such insurance, the following is
added to the CANCELLATION Com m on Policy
Condition and supersedes any provisions to the
contrary :
1 . When this policy has been in effect for 60 days
or less a n d is not a renewal with us , we may
cancel for any reason by notifying the f i rst
named insured at least 10 days before the date
cancellation takes effect .

Page 2 of 2 m ISO Properties, Inc ., 2001 IL 02 62 07 02 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 48 of 67

POLICY NUMBER : XSL G20593854 E NDT . #20

COMMERCIAL GENERAL LIABILITY


CG 01 25 08 97

THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .

LOUISIANA CHANGES - INSURING AGREEMENT


This endorsement modifies insurance provided under the following-,

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A . Paragraph 7 .a . of Section I - Coverages, B . Paragraph 1 .a . of Section I - Coverages,


Coverage A - Bodily Injury And Property Coverage B - Personal And Advertising Injury
Damage Liability is replaced with the following : Liability is replaced with the following :
1 . Insuri ng Agreement 1 . I n suring Agreement
a . We will pay those sums that the insured a . We will pay those sums that the insured
becomes legally obligated to pay as becomes legally obligated to pay as
damages because of "bodily injury" or damages because of "personal injury" or
"property damage" to which this insurance "advertising injury" to which this insurance
applies. We will have the right anti duty to applies . We will have the right and duty to
defend the insured against any "suit" defend the insured against any "suit'
seeking those damages . We may, at our seeking those damages . We may, at our
discretion, investigate any "occurrence" and discretion, investigate any "occurrence" or
settle any claim or "suit' that may result. offense and settle any claim or "suit" that
But: may result . But :
(1) The amount we will pay for damages is (1) The amount we will pay for damages is
limited as described in Section III -- limited as described in Section III -Limits
Limits Of Insurance ; and Of Insurance, and
(2) Our right and duty to defend end when (2) Our right and duty to defend end when
we have used up the applicable limit of we have used up the applicable limit of
insurance in the payment of judgments insurance in the payment of judgments
or settlements under Coverage A or B or or settlements under Coverages A or B
medical expenses under Coverage C . or medical expenses under Coverage C .
No other obligation or liability to pay sums No other obligation or liability to pay sums
or perform acts or services is covered or perform acts or services is covered
unless explicitly provided for under unless explicitly provided for under
Supplementary Payments - Coverages A Supplementary Payments - Coverages A
And B . And B .

CG 01 25 08 97 Copyrig ht, Insurance Services Office, Inc ., 1997 P age 1 of 1 D


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 49 of 67

POLICY NUMBER: XSL G20593854 ENDT . #21


.~
COMMERCIAL GENERAL LIABILITY
CG 01 18 03 96

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

LOUISIANA CHANGES - LEGAL ACTION AGAINST US


This endorsement modifies insurance provided under the following- .

COMMERCIAL GENERAL LIABILITY COVERAGE PART


LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILI TY COVERAGE PART

The LEGAL ACTION AGAINST US Condition (Section N - Conditions) is replaced by the following .
L egal Action Agains t Us
A person or organizat i o n may bring a "sui t" against us including, but not limited to, a "su i t" to recover on a n agreed
settlemen t or on a final judgme nt against an insured ; b u t we will not be liable for damages that are not payable
under the terms of this Coverage Part or that are in excess of the applicable limit o f insurance . An agreed
settlement means a set t lement and re lease of liability signed by us, t he insured and the claima nt or th e c l aimant's
legal representative .

: -..~

CG 01 18 03 96 Copyright, Insurance Services Office, I nc., 1995 Page 1 of 1 0


i
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 50 of 67

PO L ICY NUMBER : XSL G20593854 ENDT . #22

COM M ERC IA L GENE RAL LI AB I LITY


CG 28 1 5 OS 97

TH IS ENDORSEMENT CHANG S THE POLICY . PLEASE READ IT CAREFULLY .

LOUISIANA CHAN ~S -- INSURING AGREEMENT


This endorsemen t modifies insurance provided under the following :

LIQUOR LIAB I LITY COVERAGE PART

Paragraph 9 . a . of S ec t i on I - l i quor Li a bility c ove rage 12) Our right and duty to defend end when we have
is replaced with the following : used up the applicable limit of insurance in the
1 . Insuri ng Agreement payment of judgments or settlements .

a . We will pay those sums that the Insured becomes No other obligation or liability to pay sums or
legal l y obligated to pay as damages because of perform acts or services is covered unless explicitly
"injury" to which this insura n ce applies if liability for provided for under Supplementary Payments .
such "injury" is imposed on the insured by reason o f
the sel l ing, serving or furnishing of any alcoho l ic
beverage . We will have the right and d u ty to defend
the insured against any "suit" seeking those
damages . We may, at our discretion, investigate any
"inj ury" and sett l e any claim or "suit" tha t may result .
B uff
(1) Th e amount we will pay for damages is limited
as described in Sec tion III - Limits Of k'nsurance ;
and
S

CG 28 15 08 97 Copyright, I nsurance Services Office, I nc ., 1997 Page 7 of 1 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 51 of 67

POLICY NUMBER : XSL G20593854 ENDT . #23

INTERLINE
IL Q2770301

THIS ENDORSEMENT CHAN O ES THE POLICY . PLEASE READ IT CAREFULLY .

LOUISIANA C ~ ANGES - CANCELLATION


AN D NONRENEWAL
This e n dorsement modifi es insurance prov ided u nder the following :

BO I L E R AND M ACHI N E RY COVERAGE PART


CO MM E R C I AL AUTOMO B ILE COVERAGE PART
COMM ERCIAL CRIME COVERAGE PART*
COMM ERCIAL GENERAL LIABILITY COVERAGE PART
COMM ERCIAL I N LAN D MARINE COVERAGE PART
COMM ERC I AL P RO P E R TY COVERAGE PA RT
E M PLOYMEN T-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQ U O R LIABI LITY COVERAGE PART
POLLUTI ON LIABILITY COVE RAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABI LI T Y COVERAGE PAR T
PROFESSIONAL LIABILITY COVE RAGE PART

\ " Th is endorsement does not a p ply to covera ge p rovided for employee dishonesty (Covera g e F orm A) or public
employee dishonesty (Coverage Forms 0 and P) .

A. Paragraph 2 . of the Cancellation Common Policy b . Canc e llation Of Renewal Pol icies And
Condition is replaced by the following, which New Policies In Effect For 60 Days Or
applies unless Paragraph 8 . of this endorsement More
applies . If this policy has been in effect for 60 days
2 . Notice Of Cancellation or more, or is a renewal of a policy we
a . Cancellation Of Policies In Effect For issued, we may cance l only for one or more
Fewer Than 60 Days Which Are Not of t he following reasons'
Renewals (1) No n payment of p remium ;
If this policy has been in effect for fewer (2) Fraud or materia l misrepresentation
than 60 days and is not a renewal of a made by you or with your knowledge in
policy we issued, we may cancel this policy obtaining t h e policy, continuing the
for any reason, subject to the following : policy , or in presenting a claim under the
(1) Cancellation for nonpayment of premium poli cy ;
We may cancel this policy by mailing or (3) Activities or omissions by you which
delivering to the first Named Insured change or increase any hazarcd i nsured
written notice of cancellation at least 10 against ;
days before the effective date of (4y Change in the risk which increases the
cancellation . risk of loss after we issued or renewed
(2) Cancellation for any other reason this policy including an increase in
exposure due to regulation, legislation,
We may cancel this policy by mailing or or court decision;
delivering to the first Named Insured
written notice of cancellation at least 60 (5) Determination by the Commissioner of
days before the effective date of Insurance that the continuation of this
cancellation . policy would jeopardize our solvency or
would place us in violation of the
insurance laws of this or any other state ;

IL 02 77 03 01 0 ISO Propert ies , In c ., 2000 Page 1 of 3 D


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 52 of 67

(6) The insured's violation or bre ; of a n y c . We will send the refund t o the fi rst Named
policy terms or conditions ; or Insured unless Pa ragraph C .5 . d . or C . S.e .
(7) Any other reasons that are al : by applies .
the Commissioner of Insuranc d . If we cancel based on Paragraph B .2 . of
We will mail or deliver writtet notice of this endorsement, we will return the
cancellation under Paragraph A .2.b ., to premium due, if any, within 10 days after the
the first Named Insured at lea, t: expiration of the 10-day period referred to in
B .2.c . If the policy was financed by a
(a) 10 days before the effecti~e date of premium finance company, or if payment
cancellation if we cancel for was advanced by the insurance agent, we
nonpayment of premium ; or will send the return premium directly to such
(b) 20 days before the effective date of payor .
cancellation if we cancel for a reason e . With respect to any cancellation of the
described in Paragraphs: A .2 .b.(2 ) Commercial Auto Coverage part, we will
through (7) above . send the return premium, if any, to the
B . Paragraph 2 . of the Cance llat i on Common Policy premium finance company if the premium
Condition is replaced by t h e fo l lowing, which was financed by such company .
a ppli es with respect to premium payments d ue on D . The Prem iums Common Po l icy Condition is
new and renewal policies, incl uding installment replaced by the following :
paym ents .
PREMIUMS
2 . Notice Of Cancellation
1 . The first Named In sured shown in the
a . If your p remium payment check or other Declarations is responsible for the payment of
negotiable instr ument is returned to us or a l l premiums.
our agent or a premium finance company
because it is uncollect i ble for any reason , 2 . We will pay return premiums , if any , to the fi r st
we may cancel the pol i cy subj ect to Named Insured , unless another per son or
Paragraphs 8 .2.b . and B.2 .c . entity is entitled to be the payee in accordance
with Paragraph C . of this endorsement .
b. We may cancel the policy e ffective fro m the
date the premium payment was due , by E. Paragraph f. of the Mortgageholders Condit ion i n
sending you wr i tten notice by certified mail , the Commercial Property Coverage Part and r
or by delivering suc h notice to you within 10 Parag raph 4 .(f) of the Mortgageholders Con d it i on
days of the date that we receive not ice of in the Farm Cove rage Part are replaced by the
the returned check or negoti able instrument. follow i ng :

c . The cancellation notice will also advise you If we cancel a policy that has been in effect
that the policy will be reinstated effective for fewer than 60 days and i s not a renewal
from the date the premium payment was of a policy we issued , we will g ive written
due, if you present to us a cashier's check notice to the mortgageholder at least:
or money order for the full amount of the , 7) 10 days before the effective date of
returned check or other negotiable cancellation, if we cancel for
instrument within 10 days of the date that nonpayment of premium ; or
the cancellation notice was mailed, (2) 60 days before -the effective date of
C . Paragraph 5 . of the Cancel l ati o n Common Policy cancellation , if we canes l for any other
Condition is replaced by the following : reason .
5 . Premium Refund If we cancel a policy that has been in effect
If this policy is cancelled, we will return any for 60 days or more , or is a renewal of a
premium refund due, subject to Paragraphs policy we issued , we will g i ve wri tten noti ce
C .5 .a ., C .S .b ., C .5 .c, C .5.d . and C .S .e . The to the mortgageholder at least :
cancellation will be effective even if we have (1) 10 days before the effective date of
not made or offered a refund . cancellation , if we cancel for
a. If we cancel, the refund will be pro rata . nonpayment of p rem ium ; or
b . If the first Named Insured cancels, the (2) 20 days before the effective date o f
refund may be less than pro ratio, and will cancellation, if we cancel for any oth er
be returned within 30 days after the reason .
effective date of cancellation .

Page 2 of 3 m ISO Pro p erties , Inc., 2000 I L 02 77 03 01 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 53 of 67

F The followi n g is added and supersede any other b . You have obtained replacement coverage
provision to the contrary : or have agreed in writing to obtain
- `` replacement coverage .
~ NONRENEWAL
7 . I f we decide not to renew t h is policy, we will 3 . Any notice of nonrenewal will be mai led or
ma il or deliver wr i tten notice of non renewal to delivered to the first Named Insured at the last
the first N a m ed I ns u red, at least 60 days before mai ling address known to us. If notice is
its expiration date, or its anniversary dat e if it is mailed, proof of ma i ling w i l l be suffici ent proof
a policy written for a term of mor than one of notice .
year or with no fixed expiration date . ''
2 . We need not m ail or deliver t hi s n otice if-.
a . We or another company within our
insurance group have offered to i ssue a
renewal pol i cy ; or

1 a

IL 02 77 0 3 01 @ ISO Properties, Inc ., 2000 Page 3 of 3 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 54 of 67

POLICY NUMBER: XSL G2059385 4 EN DT . #2 4

IL 02 82 09 00

THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .

MISSISSIPPI C ~ ANGES - CANCELLATION


AN D N O NRENEWAL
This en dorsement modifies insurance provided unde r the following :

BUSINESSOWNERS POLICY
COMMERCIAL G EN ERAL LIABILITY COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART

A . The following Condition i s added and supersedes B . Paragraph f. of the Mortgageholders Condition , if
any provision to the contrary : any, is replaced by the following :
NONRENEWAL f. If we cancel this pol i cy , we will give written
1 . If we decide not to renew this policy, we wi ll notice to the mortgageholder at least 30
mail or del iver w r itten notice of nonvenewal to days before the effective date of
the first Named insured at least : cancellation .
a. 10 days before the effective date of C . In the Businessow ne rs Common Policy
nonrenewa l, if the nonrenewal is due to Conditi ons, Paragraph 2 .a . of the Cancellation
nonpayment of p remium ; or Condition, which provides for 5 days' notice of
cancellation under certain circumstances , is
b . 30 days before an anniversary date or the deleted .
expiration date of the policy, if the
nonrenewal is for any other reason .
2 . The notice of nonrenewal will be mailed or
delivered to the first Named Insured's last
mailing address known to us . i f notice is
mailed, proof of mailing viii{ be sufficient proof
of notice .

IL 02 82 09 00 Copyright, Insurance Services Office, I nc ., 2000 Pag e 1 of 1 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 55 of 67

POLICY NUMBER : XSL G20593854 E ND T. #2 5

-°--~
J

IL 02 69 09 00

THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .

NORTH CAROLINA CHANGES - CANCELLATION


AND NONRENEWAL
This endorsement modifies insurance provided under the following :

BOILER AND MACHINERY COVERAGE PART


BUSINESS O WNERS POLICY
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART

A . Paragraph 2, of the Cancellat ion Common Policy (b) An act or omission by the insured or
Condition is replaced by the following : his or her representative that
2 . Cancellation Requirements constitutes material
misrepresentation or nondisclosure
a . Policies In Effect Less Than 60 Days of a material fact in obtaining this
if this poli cy has been i n effect for less than policy, continuing this policy or
60 days, we may cancel this pol icy by presenting a claim under this policy ;
mailing or del ivering to the first Named (c) Increased hazard or material change
Insured written notice of cancellation at in the risk assumed that could not
least: have been reasonably contemplated
- (1) 15 days before the effective date of by the parties at the time of
cancellation if we cancel for nonpayment assumption of the risk ;
of premium ; or (d) Substantial breach of contractual
(2) 30 days before the effective date of duties, conditions or warranties that
cancellation i f we cancel for any other materially affects the insurability of
reason . the risk ;
b. Policies In Effect More Than 60 Days (e) A fraudulent act against us by the
If this policy has been in effect for 6 0 days insured or his or her representative
or . more, or is a renewal of a policy we that materially affects the insurability
issued, we may cancel this policy prior to of the risk ;
the : (f) Willful failure by the insured or his or
(1) Expiration of the policy term ; or her representative to institute
reasonable loss control measures
(2) Anniversary date, that materially affect the insurability
stated in the policy only for one or more of of the risk after written notice by us ;
the following reasons : (g) Loss of facultative reinsurance, or
(a) Nonpayment of prem i um ; loss of or substantial changes in
applicable reinsurance as provided in
G .S . 58-41-30 ;

IL 02 69 09 OD Copyright, Insurance Serv ices Office, I nc ., 2000 Pane 7 of 2 D


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 56 of 67

(h) Con vict ion of the insured f a crime B . The following provisions are added and supersede
a risi n g o ut of acts that m ateria ll y any other provisions to the co n trary :
a ffect th e i n sura bil ity of th e risk ; ~.
1 . Nonrenewal 1
(i) A deter mina tio n y the a . I f we elect not to renew this policy, we will
Commissioner of Insurance th a t the mail or deliver to the first N amed Insured
continuation of the po l icy w uld place shown i n t he Declara t ions written n otice of
us in violation o f th e law of North nonrenewal at least 4 5 days prior to the :
Carol i na ; or ',
(1) Expiration o f the pol icy i f this policy has
You fail to meet the req u irements been written fo r one year or less ; or
contained in our corporate char ter,
arti cles of i ncor p o ration or by-laws (2) Anniversary date of the policy if this
when we are a co mp any organ ized policy has been written for more tha n
for the sole p urpose of provi d ing one year or for an indefinite term .
members of an organization with b . We need not mail or de l iver the notice of
insurance coverage in North non renewal if you have :
Carolina .
(1) Insured property covered under this
We will ma i l or deli ver wri tten notice of policy, under any other insurance policy ;
ca ncellation to th e first N amed Insured at (2) Accepted replacement coverage; or
least:
(3) Requested or agreed to nonrenewal of
(i) 15 days before the effective date
this policy .
of cancellati on if we cancel fo r
nonpayment of premium ; or c . If notice is mailed, proof of mailing will be
sufficient proof of notice .
( i i) 30 days before the effective date
of cancellation if we cancel for 2 . The written notice of cancellation or
any other reason . nonrenewal will:
c . Cancellation for nonpayment of prem i um a . Be mailed or delivered to the first Named
will not become effective if you pay the Insured and any designated mortgagee or
premium amount due before the effective loss payee at their addresses shown in the
1
date of cancel lati on . policy, or if not indicated in the policy, at
I
their last known addresses ; and
d . We may a l so cancel this poli c y for any
reason not stated above provided ' we obtain b . State the reason or reasons for cancellation
your prior written consent . or nonrenewal .

Page 2 of 2 Copyright, Insurance Services Office, inc ., 2000 IL 02 69 09 00 d


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 57 of 67

POLICY NUMBER: XSL G2 a 593854 ENa T. #26

INTERLINE
IL 02 49 08 99

THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.

SOUTH CAROLIN A CHANGES - CANCELLATION


AN D NONRENEWAL
This endorsement modifies insurance provided under the following-

BOILER AND MACHINERY COVERAGE PART


COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART

A. Paragraphs 2 . and 3 . o f Cancellat ion Common c . Substantial change in the risk assumed,
Policy Condition are repl aced by the following : except to the extent that we should
_..~ 2 . We may cancel this policy by mailing or reasonably have foreseen the change or
` deliver i ng to the firs t Named Insured and the contemplated the risk in writing the policy ;
agent, if any , writte n notice of cancellation at d . Substantial breaches of contractual duties,
least : conditions or warranties ; or
a . 10 d a ys before the effective date of e . Loss of our reinsurance covering all or a
cance l lation it we cancel for nonpayment of significant portion of the particular policy
prem i um ; or insured, or where continuation of the policy
b . 30 days before the effective date of would imperil our solvency or place us in
cancellati on if we cancel for any other violation of the insurance laws of South
reason . Carolina .

3 . We will ma i l or del ive r our noti ce to the first Prior to cancellation for reasons permitted
lamed Insured' s and agent ' s last known in this Item e ., we will notify the
addresses . Commissioner, in writing, at least sixty days
prior to such cancellation and the
B . The fo l low i ng is added to the Cancellation Commissioner will, within thirty days of such
Common Policy Condition : notification, approve or disapprove such
7. Cancellation Of Policies In Effect For 90 action .
Days Or More Any notice of cancellation will state the precise
If th is policy has been in effect for 9p days or reason for cancellation .
more, or is a renewal or continuation *(a pol icy C . The following is added and supersedes any
we issued , we may cancel this policy only for provisions to the contrary :
one or more of th e following masons :
NONRENEWAL
a . Nonpayment of premium ;
1 . If we decide not to renew this policy, we will
b . Material misrepresentation of fact which, if mail or deliver written notice of nonrenewal to
known to us, would have caused us not to the first Named Insured and agent, if any, at
~ issue the policy ; least 30 days before :
.' a . The expiration date of this policy, if the
policy is written for a term of one year or
less ; or

IL 02 49 08 99 Copyrig ht, I n surance Services Office, Inc ., 1998 Page 1 of 2 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 58 of 67

b . An ann i versary date of this F ;y, if the 2 . Any notice of nonrenewal will be mailed or
policy is written for a term o f mi than one de l ivered to th e first N a med I nsured's a nd
year or for an i nd efin ite term . age n t's last kno w n a d dresses . I f notice is --~~
However, we wil l not refuse renew a mailed, proof of mailing will be sufficient proof
of notice .
policy issued for a term of me than one
year, unti l expiration of its term, if 3 . Any notice of nonrenewal w ill state the precise
anniversary renewal has been reason for nonrenewal .
by addifional premi um consider;

Page 2 of 2 C opyrig ht, Insurance Services Office , In c ., 1998 1L 02 49 08 99 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 59 of 67

POLICY NUMBER : XSL G2a593854 ENDS. #27

11025a690Q

THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .

TENNESSEE CHANGES -- CANCELLATION


AND NONREN EWAL
This endorsement modifies insurance provided under the fol l owing :

BOILER AND MACHINERY COV E RAG E : PART


COMM E RCIA L AUTOMOBILE COVERAGE PART
COMMERCIAL CRIME COVERAGE PAR T
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COV ERAGE PAR T
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
EMPLOYMENT- RELATED PRACTICES LIABI L ITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY C O V E RAGE PART
PROFESSIONAL LIABILITY COVERAGE PA RT

- A. Paragraph 5 . of the Can c ellation Common Policy 2. Your conviction of a crime increasing any
r~ Condition is replaced by the fo llowing : hazard insured against ;
5 . If this policy is cancelled, we will send the first 3 . Discovery of fraud or material
Named Insured any premium refund due . misrepresentation on the part of either of the
The refund wi ! l be pro rata if~ foNawing :
a. We cancel ; or a . You or your representative in obtaining this
insurance; or
b . The policy i s cancelled a t the request o f a
b . You in pursuing a claim under this policy ;
premium finance company that has
financed this policy under a premium 4 . Failure to comply with written loss control
finance agreement . recommendations ;
The refund may be less than pro rata if t he first 5 . Material change in the risk which increases the
Named Insured cancels the policy . risk of loss after we issued or renewed
The cancellati on will be effective e ve n if we insurance coverage ;
have not made or offered a refund . 6 . Determination by the insurance commissioner
B . The following is added to the Cancellation that the continuation of the policy would
Common Policy Condition : jeopardize our solvency or would place us in
violation of the insurance laws of Tennessee or
CANCELLATION OF POLICIES IN EFFECT FOR any other state ;
60 DAYS OR MORE
7 . Your violation or breach of any policy terms or
If this policy has been in effect for 60 days or conditions : or
more, or if this policy is a renewal of a policy we
issued, we may cancel this policy only for one or 8 . Other reasons that are approved by the
more of the following reasons : insurance commissioner.
1 . Nonpayment of premium, including any Notice of cancellation will state the reason for
additional premium, calculated in accordance cancellation .
with our current rating manual, justified b y a
i ~ physical change in the insured property or a
change in its occupancy or use ;

IL 02 so 09 oa Copyright, Insurance Services Office, Inc ., 2000 Page 1 of 2 d


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 60 of 67

C . The following is added and supers any D . The foll owing is ad ded to the Premiums Common
provisions to the contrary : Policy Condition :
. -_-
N ONRENEWAL Whenever an insurance policy which is financed
1 . If we decide not to renew this polio we will with a premium finance co mpany is cancelled, the
mail or deliver written notice of non iewal to insurer shall retu rn, within 30 days after the
the first Named Insured and agent, least 60 effective date of th e cancellation, whatever gross
days before the expiration date un les unearned premiums are due under the insurance
pol icy directly to the premium finance company fo r
a . We have offered to issue a rene po li cy ; the accou nt of the fi rst Named I nsured .
or
b. You have obtained re placement coverage
or have agreed in writi ng to obtain
rep l acement cove rage .
2 . Any not ice of nonrenewal will be mai l ed or
de l ivered to the first N amed I nsured's and
agent's addresses shown in the policy . I f notice
i s mailed , proof of mailing will be sufficient
proof of notice .

t I

Page 2 of 2 Copyright, Insurance Services Office, Inc ., 2000 IL0250090 0 11


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 61 of 67

POLICY NUMBER : XSL G20593854 E NDF. #28

COMMERCIAL GE N ERA L LIABILITY


CG 09 03 10 00

THIS ENDORSEMENT CH THE POLICY. PLEASE READ IT CAREFULLY .

T S CHANGES
This endorsement mod i fies insurance provided under the fo ll owing :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. With regard to liability for Bodily Injury, Property B . Paragrap h 2 .a. (4) of S e ction I - Coverage B -
Damage and Personal And Advertising Injury, Pers onal And Adverti s ing Injury is repl aced by
unless we are prejudiced by the insured's or your the fo l lowing :
failure to comply with the requirement, no
2 . Exclusions
provision of this Coverage Part requiring you or
any insured to give notice of "occurrence", claim This insurance does not apply to :
or "suit", or forward demands, notices, a . " P ersonal And Advertis in g Injury" :
summonses or legal papers in connection with a
( 4) Arising out of the wil l ful violation of a
claim or "suit" will bar coverage under this
penal statute or or dinance committed
Coverage Part .
by or with the conse nt of the insu red,

CG 01 03 10 00 Copyright, Insurance Serv i ces Office, I nc ., 2000 Page 1 of 1 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 62 of 67

POLICY NUMBER : XSL 620593854 ENDT . #29

1
IL 01 68 01 01

THIS ENDORSEMENT CHAN 4ES THE POLICY. PLEASE READ IT CAREFULLY .

TEXAS CHANGES -- DUTIES


This endorsement modifies insurance provi ded under the following :

COMMERCIAL CRIME - LIABILITY FOR GUESTS' PROPERTY PREMISES COVERAGE FORM


COMMERCIAL CRIME - LIABILITY FOR GUESTS' PROPERTY SAFE DEPOSIT BOX COVERAGE FORM
COMMERCIAL CRIME - SAFE DEPOSITORY LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR UABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART

The fotlowing - is added to the Duties Cond ition . 2 . Any settlement of a m claim made or "suit"
- ~ We will notify the first Named Insured in writing of: brought agai nst the insured under this
coverage . The notice will be given not later
1 . An i nitiat offer to compromise or settle a claim than the 30th day after the date of the
made or "suit" brought against any insured settlement.
under th is coverage . The notice will be g i ven
not later than the 10th day after the date on
which the offer is made

1
. ., ~

IL 0168 0101 0 I SO P roperties, I nc ., 2000 Page 1 of 1 O


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 63 of 67

POLICY NUMBER : XSL G20593854 ENDT . #30

1 IL 02 75 07 02

THIS E NDORSEM ENT CH THE POLICY . PLEASE READ IT CAREFULLY .

TEXAS CH NGES - CANCELLATION


AND NONRE EWAL PROVISIONS FOR
CASUALTY LINES AND
COMMERCIAL PACKAGE POLICIES
This endorsement modifies insurance provided under the following-
.

COMMERCIAL GENERAL LIABILITY COVERAGE PART


EMPLOYMENT-RELATED PRACTICES LIABILITY
FARM COVERAGE PART - FARM LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Th is endorsement also modifies i nsurance provided under the fo l lowing when written as part of a Commercial
Package Policy :
BOILER AND MACHINERY COVERAGE PART
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL CRIME COVERAGE FORM
COMMERCIAL CRIME POLICY
• = COMMER CIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVE RAG e PART
EMPLOYEE THEFT AND FORGERY POLICY
EMPLOYMENT- RELATED PRACTICES LIABILITY
FARM COVERAGE PART - FARM LIABILITY COVERAGE FORM
FARM COVERAGE PART - LIVESTOCK COVERAGE FORM
FARM COVERAGE PART -- MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT
COVERAGE FORM
GLASS COVERAGE FORM
GOVERNMENT CRIME COVE RAG E FORM
GOVERNMENT CRIME POLICY
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PR O DUCTSICOMPL. ETED OPERATIONS LIABILIT Y COVERAGE PART

A. Paragraph 2 . of the Cancellation Common Policy


Condition is replaced by the following :
2 . We may cancel this policy by m aili ng or
delivering to the first Named insured written
notice of cancellation , stating the reason for
cancellation , at least 10 days before the
effect ive date of cancellation .

. ._ J

IL 02 76 07 02 0 'ISO Properti es , Inc., 2001 Page 1 of 3 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 64 of 67

The permissible r easons for cancell< are as 2 . This Paragraph, 2 ., applies unless t he po licy
follows : q ua l ifies under Paragraph 3 . below-
a . I f t his policy has been in effect I 60 days If we elect not to renew th is policy, we may do
reason so by mailing or de l ivering to the first N amed
or less, we may cancel for except, that under the provis i( of the Insured, at th e last mail in g address known to
Texas Insurance Code, we may it cancel us, written notice of nonrenewal, stating the
this policy solely because the pol holder is reason for nonrenewal , at least 60 days before
an elected official . t h e expiratio n date. If notice is m a i led or
b. If t his po licy has been in effect' (or more delivered less th an 60 days before the
than 60 days, or if it is a renewal or expiration date, this po licy wi ll remai n in effect
continuation of a pol i cy issued by us, we until t he 61st day after the date on which the
m ay canc el only for o n e o r more of t h e notice is mailed or delivered . Earned premi u m
foll owi n g reasons: for any period of coverage that exte n ds beyond
the expiration date wil l be co m p u ted pro rata
( 1 ) Fraud in obtaining coverage ; based on the previous year's premium .
( 2) Fai l ure to pay premiums when due ; 3 . If this policy covers a co n domin i um association,
(3 ) An increase in hazard w it hin t he control and the condomini u m property contain s at least
of the insured which wou ld produce a n one residence or the condom i nium declarations
increase in rate; conform with t he Texas Uniform Condominium
(4) Loss of o u r reinsurance covering a ll or Act, then we will mail or de liver writ te n notice of
nonrenewa[, at leas t 30 days before th e
part of the risk covered by the policy, or
expiration or ann i versary date of the policy, to :
(5) If we have been placed in super visio n ,
cQnservatorsh i p or receivership and th e a . Th e first N amed I nsured ; and
cancellation is ap proved or direc ted by b . Each unit-owner to whom we issued a
the supervisor, conservator or rece iver . certi ficate or memorandum of insura n ce .
B . The following condition is added and supersedes W e wilt mail or de l iver- such notice to each l ast
any provision to the contrary mailing address known to us .
NON REN EWA L 4. If notice is mai l e d , proof of mailing will be
1 . We may elect not to renew this policy except, sufficien t p roof of notice,
that under the provisions of the Texas 5 . The transfer of a po licyho l der between
Insurance Code, we may not refuse ;to renew admitted companies within th e same i n surance
this policy solely because the policyhdider is an group is not considered a ref usal to renew.
elected officia l .

r
t

1L 02 75 07 02 0 150 Propert ies , Inc ., 2001 Page 3 of 3 D


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 65 of 67

POLICY NUMBER : XSL G20593854 ENDT . #31

I L 01 38 01 99
i
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .

VIRGINIA CHANGES
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART


L I Q U O R LIAB I LI T Y COVERAGE PAR T
POLLUTION L I ABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

A. Paragraphs 2 ., 3 . and 5 . of the Cancellation B Paragraph 3 . of the inspections And Surveys


Common Policy Condi tion are rep l aced by t he Common Policy Condition is replaced by the
following : following :
2 . We may cancel this policy by mailing or 3 . Paragraphs 1 . and 2. of this condition apply not
delivering to you written notice of cancellation, only to us, but also to any rating, advisory, rate
stating the reason for cancellation, at :least: service or similar organization which makes
a . 15 days before the effective : date of insurance inspections, surveys, reports or
cancellation if we cancel for nonpayment of recommendations on our behalf .
premium ; or C , The following is added and supersedes any other
b . 45 days before the effective date of provision to the contrary'.
cancellation if we cancel for any other NONRENEWAL
reason . 1 If we elect not to renew this policy, we will mail
3 . We will send written notice by registered or or deliver a notice of nonrenewal to you, stating
certified mail or deliver written notice to your the reason for nonrenewal, at least :
last mailing address known to us. a . 15 days before the expiration date if the
5 . If this policy is cancelled, we will send the first nonrenewal is due to nonpayment of
famed Insured any premium refund due . If we premium ; or
cancel, the refund will be pro rata . If the first b . 45 days before the expiration date if the
Named insured cancels, the refund will be 9011%
nonrenewal is for any other reason .
of pro rata unless otherwise specified in our
filed manual rules . The cancellation will be 2. We will send written notice by registered or
effective even if we have not made or offered a certified mail or deliver written notice of
refund, nonrenewal to your last mailing address known
to us .

1L 01 38 01 99 Copyright , Insurance Services Office, I nc ., 1998 Page 1 of 1 0


Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 66 of 67

ENDORSEMENT

r ed Racetrac Petroleum, Ana .


32
Effective Date of Endors
XSL I c2 0 593 e 54 1 06 / 01 / 2 005 to 0 6/01 /2 00 6 0 6 /0 1 /200 5
Issued By (Name of Insurance Company)
ACE American Insurance Company

Insert the policy number. The remainder of the info rmation is to be completed only when this endorsement is issued subseque nt to the preparation of the policy .

THIS ENDORSEMENT CHMOE$ THE POLICY'


. PLEASE READ IT CAREE'ULLY .

This endorsement modifies insurance provided under the following :

EXCESS CONMRCIAL GENER AL LIABILITY POLICY

It is agreed effective 10/24/2005, the Named Insureds address is amend ed to read :

3225 Cumberland Boulevard, Suite 100, Atlanta, GA 30339

CC-1E15 Ptd . In U . S . A.
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 67 of 67

SIG NATURES

r _ ..
Endorsement N um ber

Po l icy D ate
to
Inca

I n sert t he poli c y nu mber. Th e remainder ol the information i s to i6e com ple t ed onl y wh en th is endorsement i s iss ued subseque nt to the pr epara tion of the

THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY
NAMED ON THE FIRST PAGE OF THE DECLARATIONS .

By signing and delivering the policy to you, we state that it is a valid contract .

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA


1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsy lvania 19101-1484
BANKER S STANDARD FIRE AND MARINE C OM PAN Y
1601 Chestnut Street, P .O . Box 4 1 484, Philadelphia, Pennsylvania 19101-1484
BANKERS ST ANDARD INSURANCE COMPANY
1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484
ACE INDEMNITY INSURANCE C OMPANY
1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484
ACE AMERICAN INSURANCE COMPAN Y
1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484
A C E PROPERTY AND CA S UALTY INSURANCE COMPANY
1601 Chestnut Street, P .O . Sox 41484, Philadelphia, Pennsylvania 19101-1484
INSURANC E COMPANY OF NORTH AMERI C A
1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484
PACIFIC EMPLOYERS INSURANCE COMPAN Y
1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484
ACE F IRE U N DE RWRITERS INSURANCE COMPA NY
1601 Chestnut Street, P .O . Flax 41484, Philadelphia, Pennsylvania 19101-1484

~---
GEORGE D. M ULIIGAH, S e c retary 5~~ JOHN J. LUP]CA, President

WESTCHESTER FIRE INSURA NCE CO MPA NY


1 1 33 Avenue of the Americas, 32nd Fl oo r , New York, NY 10036

I )~h
ft c...--
&EORGE 0. MOLLISAN, Secretar y DENNIS A . CROSBY, JR ., President

A uthorized Ag e nt

CC-1 K11d (0 2105 Ptd , i ll U . S .A .