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MSV-Insurance PolicyI. DESIGNATED MEMBER: FLORIDA LEAGUE OF CITIES SPONSORED INSURANCE PROGRAMS DECLARATIONS Village of Miami Shores Address: 10050 NE 2nd Avenue Miami Shores, FL 33138 II. COVERAGE PERIOD From October 1, 2017 to October 1, 2018 12:01 A.M. Standard Time at the address of the Designated Member. III. AGREEMENT NUMBER Florida Municipal Insurance Trust (FMIT) FMIT #0378 IV. COVERAGES INCLUDED General Liability Automobile Property Workers' Compensation V. ESTIMATED ANNUAL PREMIUM Normal Expense Incentive Net Premium Constant Credit Premium $741,808 $200 $(82,077) $659,931 October 1, 2017 Signature of Authorized Representative Date FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE DECLARATIONS I. DESIGNATED MEMBER: Village of Miami Shores Agreement No.: FMIT #0378 11. GOVERNMENT DESCRIPTION Municipality III. COVERAGE PERIOD From 10/01/2017 to 10101/2018 12 :01 A.M. Standard Time at the address of the Designated Member IV. AUTOMOBILE 1. Automobile Liability Number of Vehicles 2. Uninsured Motorists Protection 3. Personal Injury Protection 4. Automobile Medical Payments 5. Automobile Physical Damage Premium Deductible/ Net Basis Type Limit Premium Per Schedule $0 $2,000,000 $43,146 108 N/A N/A $10,000 Included N/A N/A Per Schedule Per Schedule N/A $21,268 V. This Agreement includes these endorsements and schedules: See Schedule B VI. ESTIMATED ANNUAL PREMIUM Florida Municipal Insurance Trust (FMIT) Normal Premium $64,414 Florida League of Cities Sponsored Insurance Programs Since 1977 THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT. FMIT AUTO DEC 1017 Page 1 of 2 FMIT AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE COVERAGES October 1, 2017 - October 1, 2018 Scheduled Coverage Forms List Village of Miami Shores, FMIT #0378 Form # Description FMIT AUTO SCH 1002 FMIT COND 1016 FMIT CA 1017 FMITAL 1016 FMIT PIP 1014 FMITAPD 1016 FMITARR 1009 FMIT SEAL 1012 FMITAE 1008 Schedule B Automobile Schedule Conditions of Coverage Coverage Agreement Automobile Liability Personal Injury Protection Automobile Physical Damage Coverage Form Rental Reimbursement Coverage Specific Excess Endorsement - Automobile Liability Employer - Provided Vehicles - Automobile Liability FMIT AUTO DEC 1017 Page 2 of 2 Automobile Schedule Village of Miami Shores, FMIT #0378 10/01/2017 - 10/0112018 Veh # Eff Data Exp Date City # Year Make Description ID # Cost New Code Liab PIP Med Pay UM Comp Ded SP Ded Coll Ded Phy Dmg Total Prem 0 10/1/2017 101112018 HIRED AUTOS $0 6619 $106 $0 $0 $0 n/a n/a n/a $0 $106 0 1011/2017 101112018 NON OWNED AUTOS $0 6601 $106 $0 $0 $0 n/a n/a n/a $0 $106 1 10/1/2017 10/1/2018 V166 1989 INTERNATIONAL BUS 3867 $27,900 5884 $1,205 $0 $0 $0 $500 n/a $500 $93 $1,298 2 101112017 1011/2018 V32 1992 FORD F7000 SWEEPER 1084 $82,750 21499 $384 $12 $0 $0 $500 n/a $500 $132 $528 3 10/1/2017 10/1/2018 V9568 1996 INTERNATIONAL DUMP TRUCK 1272 $28,537 21479 $347 $12 $0 $0 $500 n/a $500 $78 $437 4 101112017 10/1/2018 V9662 1996 FORD F350 PICKUP 2809 $24,376 01499 $366 $12 $0 $0 $500 n/a $500 $83 $461 5 10/1/2017 10/1/2018 V9767 1997 FORD F360 BOX TRUCK 4198 $27,481 01499 $366 $12 $0 $0 $500 n/a $500 $104 $482 6 10/112017 1011/2018 V9764 1997 FORD F260 PICKUP 8423 $20,389 01499 $366 $12 $0 $0 $500 n/a $500 $83 $461 7 10/1/2017 1011/2018 V9920 1999 BUCKET TRUCK 3093 $77,831 31499 $436 $12 $0 $0 $500 n/a $500 $132 $580 8 101112017 10/112018 V9918 1999 FORD CROWN VICTORIA 2397 $20,089 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 9 10/1/2017 9011/2018 V1601 2015 CHEVROLET 3500 EXPRESS 3603 $30,828 7398 $291 $12 $0 $0 $500 n/a $500 $250 $553 10 10/112017 101112018 V0101 2001 FORD CROWN VICTORIA 8021 $20,685 7398 $291 $12 $0 $0 $500 n/a $500 $99 $402 11 10/1/2017 10/1/2018 V0102 2001 FORD CROWN VICTORIA 8022 $20,685 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 12 10/1/2017 10/1/2018 V-0201 2002 FORD F150 PICKUP 7172 $14,594 01499 $366 $12 $0 $0 $500 n/a $500 $69 $447 13 10/1/2017 10/1/2018 V0202 2002 FORD CROWN VICTORIA 8181 $21,216 7,398 $291 $12 $0 $0 $500 n/a $500 $99 $402 14 10/1/2017 10/1/2018 V -0203 2002 FORD VAN E350 9563 $19,735 01499 $366 $12 $0 $0 $500 n/a $500 $78 $456 15 10/1/2017 10/1/2018 V0302 2003 FORD CROWN VICTORIA 9238 $22,885 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 16 10/112017 1011/2018 V0301 2003 FORD CROWN VICTORIA 4101 $22,885 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 17 10/1/2017 10/112018 V0307 2003 FORD CROWN VICTORIA 9243 $22,885 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 18 10/112017 10/112018 V0308 2003 FORD CROWN VICTORIA 9244 $22,885 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 19 10/1/2017 10/1/2018 V -0310 2003 FORD E560 CONVERSION VAN 0098 $71,070 5882 $507 $0 $0 $0 $500 n/a $500 $159 $666 20 10/112017 101112018 V0402 2004 FORD CROWN VICTORIA 1102 $19,498 7398 $291 $12 $0 $0 $500 n/a $500 $93 $396 21 10/1/2017 10/1/2018 V9553 1995 INTERNATIONAL DUMP TRUCK 0438 $33,903 31479 $396 $12 $0 $0 $500 n/a $500 $78 $486 22 101112017 101112018 V- 3150 2003 MACK GAR13AGE TRUCK 1664 $137,319 40459 $1,109 $12 $0 $0 $500 n/a $500 $328 $1,449 Page 1 of 5 Automobile Schedule Village of Miami Shores, FMIT #0378 10/01 /2017 - 10/01/2018 Veh # Eff Date Exp Date City # Year Make Description ID # Cost New Code Liab PIP Med Pay UM Comp Ded SP Ded Coll Ded Phy Dmg Total Prem 23 10/1/2017 10/1/2018 V4148 2004 MACK GARBAGE TRUCK 4930 $140,649 40459 $1,109 $12 $0 $0 $500 n/a $500 $335 $1,456 24 1011/2017 10/112018 V0601 2005 FORD CROWN VICTORIA 8515 $25,462 7911 $291 $13 $0 $0 $500 n/a $500 $104 $408 25 10/1/2017 10/1/2018 V0503 2005 FORD CROWN VICTORIA 8514 $25,452 7911 $291 $13 $0 $0 $500 n/a $500 $104 $408 26 10/1/2017 101112018 V0504 2006 FORD CROWN VICTORIA 8513 $25,462 7911 $291 $13 $0 $0 $500 n/a $500 $104 $408 27 10/1/2017 10/112018 V0632 2006 INTERNATIONAL STREETSWEEPER 0369 $55,000 21499 $384 $12 $0 $0 $500 n/a $500 $104 $500 28 10/1/2017 10/112018 V0662 2005 FORD F250 EXTRA CAB 5971 $27,000 01499 $366 $12 $0 $0 $500 n1a $500 $104 $482 29 10/1/2017 10/1/2018 V-0601 2006 FORD F260 PICKUP 4029 $28,000 01499 $366 $12 $0 $0 $500 n/a $500 $104 $482 30 101112017 10/112018 V0523 2006 INTERNATIONAL TRASH TRUCK 8842 $146,000 40459 $1,109 $12 $0 $0 $500 n/a $500 $345 $1,466 31 10/1/2017 10/1/2018 2015 ROTATING POLICE VEHICLE TBD $28,000 7911 $291 $13 $0 $0 $500 n/a $500 $244 $548 32 10/1/2017 10/1/2018 V0505 2005 FORD TAURUS 9665 $19,200 7911 $291 $13 $0 $0 $500 n/a $500 $91 $395 33 10/1/2017 10/1/2018 V0702 2007 FORD CROWN VICTORIA 3102 $25,000 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 34 10/112017 1011/2018 V0704 2007 CHEVROLET TRAIL BLAZER 4331 $21,111 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 35 10/1/2017 10/1/2018 V -0711 2008 FORD F260 PICKUP 3590 $25,000 01499 $366 $12 $0 $0 $500 n/a $500 $105 $483 36 10/112017 10/1/2018 0801 2008 FORD CROWN VICTORIA 9169 $20,554 7911 $291 $13 $0 $0 $500 n/a $500 $124 $428 37 10/1/2017 10/112018 V0703 2007 INTERNTIONAL BUCKET TRUCK 2219 $90,588 31499 $436 $12 $0 $0 $500 n/a $500 $132 $580 38 10/112017 1011/2018 V0304 2003 FORD CROWN VICTORIA 9240 $24,600 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 39 10/1/2017 10/1/2018 V -146 2001 BELSHE TRAILER 6454 $167,000 67499 $37 $1 $0 $0 $500 n/a $500 $200 $238 40 101112017 1011/2018 V -6149 2006 MACK GARBAGE TRUCK 1577 $167,000 40459 $1,109 $12 $0 $0 $500 n/a $500 $386 $1,507 41 10/1/2017 10/1/2018 0823 2008 FORD TAURUS 7242 $20,939 7911 $291 $13 $0 $0 $500 n/a $500 $124 $428 42 10/1/2017 1011/2018 0824 2008 FORD TAURUS 7243 $20,939 7911 $291 $13 $0 $0 $500 n/a $500 $124 $428 43 10/1/2017 10/1/2018 0825 2008 FORD TAURUS 7244 $20,939 7911 $291 $13 $0 $0 $500 n/a $500 $124 $428 44 101112017 1011/2018 0826 2008 FORD TAURUS 7245 $20,939 7911 $291 $13 $0 $0 $500 n/a $500 $124 $428 45 10/1/2017 10/1/2018 V0831 2009 FORD CROWN VICTORIA 9975 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 46 1011/2017 101112018 V0833 2009 FORD CROWN VICTORIA 9977 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 Page 2 of 5 Automobile Schedule Village of Miami Shores, FMIT #0378 10101/2017 - 10/01/2018 Veh # Eff Date Exp Date City # Code Year Make Liab PIP Med Pay Description UM Comp Ded SP Ded ID # Coll Ded Cost New Phy Dmg Total Prem 47 10/1/2017 10/1/2018 V0828 2009 FORD CROWN VICTORIA 0062 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 48 101112017 10/112018 V0834 2009 FORD CROWN VICTORIA 9978 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 49 10/1/2017 10/1/2018 V0837 2009 FORD CROWN VICTORIA 9981 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 60 10/1/2017 10/1/2018 V0836 2009 FORD CROWN VICTORIA 9980 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 61 10/1/2017 10/1/2018 V0839 2009 FORD CROWN VICTORIA 9982 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 62 1011/2017 1011/2018 V0829 2009 FORD CROWN VICTORIA 9974 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $137 $441 53 10/1/2017 10/112018 V0832 2009 FORD CROWN VICTORIA 9976 $21,440 7911 $291 $13 $0 $0 $500 n1a $500 $137 $441 64 10/112017 10/112018 V0611 2006 FORD CROWN VICTORIA 8035 $24,000 7911 $291 $13 $0 $0 $500 n/a $500 $97 $401 55 10/1/2017 10/1/2018 V1001 2010 FORD CROWN VICTORIA 4791 $26,500 7911 $291 $13 $0 $0 $500 n/a $500 $159 $463 66 101112017 1011/2018 V1002 2010 FORD CROWN VICTORIA 4792 $25,600 7911 $291 $13 $0 $0 $500 n/a $500 $159 $463 57 10/1/2017 10/1/2018 V1003 2010 FORD CROWN VICTORIA 4793 $25,500 7911 $291 $13 $0 $0 $500 n/a $500 $159 $463 68 10/1/2017 10/112018 V1004 2010 FORD CROWN VICTORIA 4794 $25,500 7911 $291 $13 $0 $0 $500 n/a $500 $159 $463 59 10/1/2017 10/112018 V1006 2010 FORD CROWN VICTORIA 4795 $25,500 7911 $291 $13 $0 $0 $500 n/a $500 $159 $463 60 10/1/2017 10/1/2018 V1006 2010 FORD GROWN VICTORIA 4796 $25,500 7911 $291 $13 $0 $0 $500 n/a $500 $159 $463 61 1011/2017 1011/2018 V0901 2010 INTERNATIONAL DUMP TRUCK 4728 $76,800 31479 $396 $12 $0 $0 $500 n/a $500 $203 $611 62 10/1/2017 10/1/2018 V1010 2011 INTERNATIONAL DUMP TRUCK 6927 $76,800 31479 $396 $12 $0 $0 $500 n/a $500 $215 $623 63 10/1/2017 10/1/2018 2009 FORD CROWN VICTORIA 8492 $27,500 7911 $291 $13 $0 $0 $500 n/a $500 $145 $449 64 101112017 10/1/2018 V1100 2010 FORD EXPLORER 7223 $28,618 7912 $333 $16 $0 $0 $500 n/a $500 $163 $512 65 10/112017 10/1/2018 1110 2011 INTERNATIONAL TRASH TRUCK 2868 $84,000 31459 $554 $12 $0 $0 $500 n/a $500 $294 $860 66 101112017 10/112018 1101 2011 FORD F260 9616 $24,000 01499 $366 $12 $0 $0 $500 n/a $500 $131 $509 67 10/1/2017 1011/2018 V -1156 2011 INTERNATIONAL WATER TRUCK 2153 $111,177 31499 $436 $12 $0 $0 $500 n/a $500 $247 $695 68 101112017 101112018 V0664 2006 DODGE CHARGER 6063 $11,876 7911 $291 $13 $0 $0 $500 n/a $500 $86 $390 69 10/1/2017 1011/2018 V -1257 2012 INTERNATIONAL LABRIS RECYCLER 6792 $194,464 40459 $1,109 $12 $0 $0 $500 n/a $500 $793 $1,914 70 101112017 101112018 V1350 2013 FORD F160 1382 $20,609 01499 $366 $12 $0 $0 $500 n/a $500 $154 $532 Page 3 of 5 Automobile Schedule Village of Miami Shores, FMIT #0378 10/01/2017 - 10/0112018 Veh # Eff Data Exp Date City # Year Make Description ID # Cost New Code Liab PIP Med Pay UM Comp Ded SP Ded Coll Ded Phy Dmg Total Prem 71 10/1/2017 10/1/2018 V1301 2013 FORD F160 3466 $36,320 01499 $366 $12 $0 $0 $500 n/a $500 $192 $570 72 10/1/2017 101112018 V0810 2008 FORD CROWN VICTORIA 4749 $21,440 7911 $291 $13 $0 $0 $500 n/a $500 $124 $428 73 10/112017 10/1/2018 V1105 2011 FORD CROWN VICTORIA 9442 $30,000 7911 $291 $13 $0 $0 $500 n/a $500 $176 $480 74 10/112017 10/112018 V1106 2011 FORD CROWN VICTORIA 9444 $30,000 7911 $291 $13 $0 $0 $500 n/a $500 $176 $480 75 10/1/2017 10/112018 V1107 2011 FORD CROWN VICTORIA 9443 $27,500 7911 $291 $13 $0 $0 $500 n/a $500 $176 $480 76 10/1/2017 10/112018 V3161 2013 FREIGHTLINER TRASH GRABBER 9585 $130,938 40459 $1,109 $12 $0 $0 $500 n/a $500 $600 $1,721 77 10/1/2017 10/112018 C3148 2013 MACK GARBAGE TRUCK 0803 $202,078 40459 $1,109 $12 $0 $0 $500 n/a $500 $863 $1,984 78 10/1/2017 10/112018 1400 2014 FORD FUSION 8834 $27,430 7398 $291 $12 $0 $0 $500 n/a $500 $234 $537 79 10/1/2017 10/112018 V1536 2015 FORD TRANSIT CARGO VAN 7621 $39,200 01499 $366 $12 $0 $0 $500 n/a $500 $228 $606 80 1011/2017 10/1/2018 V1410 2015 FORD F260 6885 $24,750 01499 $366 $12 $0 $0 $500 n/a $500 $183 $561 81 10/1/2017 10/112018 V1411 2015 FORD F260 6884 $24,750 01499 $366 $12 $0 $0 $500 n/a $500 $183 $561 82 10/1/2017 10/1/2018 V1600 2016 FORD EXPLORER POLICE 4599 $25,839 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 83 10/112017 10/1/2018 2014 FORD TAURUS POLICE 5461 $30,474 7911 $291 $13 $0 $0 $500 n/a $500 $229 $533 84 101112017 10/112018 2014 FORS TAURUS POLICE 6457 $30,474 7911 $291 $13 $0 $0 $500 n/a $500 $229 $533 85 10/112017 10/112018 V -5149 2016 MACK GARBAGE TRUCK 4503 $206,000 31459 $554 $12 $0 $0 $500 n/a $500 $855 $1,421 86 10/112017 10/1/2018 V -1511 2016 FORD EXPLORER POLICE 4598 $26,839 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 87 101112017 101112018 V -1512 2016 FORD EXPLORER POLICE 4597 $25,839 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 88 10/1/2017 10/112018 V- 1605 2016 FORD FUSION 6386 $28,500 7911 $291 $13 $0 $0 $500 Na $500 $268 $572 89 10/112017 10/1/2018 2016 HARLEY DAVIDSON MOTORCYCLE 1388 $28,800 7986 $291 $12 $0 $0 n/a 0 $500 $181 $484 90 1011/2017 10/1/2018 2016 FORD EXPLORER POLICE 5046 $25,839 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 91 10/1/2017 10/112018 V-6132 2014 INTERNATIONAL TRASH GRABBER 6030 $132,000 31459 $554 $12 $0 $0 $500 n/a $500 $529 $1,095 92 10/112017 101112018 V4461 2015 INTERNATIONAL CHIPPER TRUCK 2129 $98,220 31499 $436 $12 $0 $0 $500 n/a $500 $316 $764 93 10/1/2017 101112018 V -9538 1995 CHEVROLET ASTRO VAN 1977 $14,182 01499 $366 $12 $0 $0 $500 n/a $500 $69 $447 94 10/112017 101112018 V-827 2008 FORD TAURUS 7246 $18,267 7398 $291 $12 $0 $0 $500 n/a $500 $120 $423 Page 4 of 5 Automobile Schedule Village of Miami Shores, WIT #0378 10/01/2017 - 10/01/2018 Veh # Eff Date Exp Date City # Year Make Description ID # Cost New Code Liab PIP Med Pay UM Comp Ded SP Ded Coll Ded Phy Dmg Total Prem 95 10/112017 10/1/2018 V -1410 2014 FORD E360 VAN 9631 $31,762 01499 $366 $12 $0 $0 $500 n/a $500 $216 $594 96 1011/2017 10/1/2018 2016 FORD F160 PICKUP $810 $27,676 7912 $333 $16 $0 $0 $500 n1a $500 $247 $596 97 10/1/2017 10/1/2018 V1701 2017 FORD F160 6831 $24,798 01499 $366 $12 $0 $0 $500 n/a $500 $192 $570 98 101112017 10/1/2018 V1710 2017 FORD EXPLORER 6808 $33,837 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 99 10/1/2017 10/1/2018 V1711 2017 FORD EXPLORER 6809 $33,837 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 100 101112017 10/1/2018 2016 INTERNATIONAL V1623 2285 $105,000 31499 $436 $12 $0 $0 $500 n/a $500 $350 $798 101 10/1/2017 10/1/2018 V -1702 2017 FORD TRANSIT VAN 4596 $27,879 01499 $366 $12 $0 $0 $500 n/a $500 $241 $619 102 10/112017 101112018 2017 ROTATING VEHICLE POLICE TBD $28,000 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 103 10/1/2017 10/1/2018 2017 ROTATING VEHICLE POLICE TBD $28,000 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 104 101112017 10/112018 2017 ROTATING VEHICLE POLICE TBD $28,000 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 105 10/1/2017 10/1/2018 V1602 2016 FORD EXPLORER 1827 $33,000 7398 $291 $12 $0 $0 $500 n/a $500 $274 $577 106 10/1/2017 101112018 V1663 2016 FORD F260 4894 $30,000 01499 $366 $12 $0 $0 $500 n/a $500 $241 $619 107 10/1/2017 10/1/2018 2017 FORD EXPLORER POLICE 6613 $26,432 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 108 101112017 10/1/2018 2017 FORD EXPLORER POLICE 6612 $26,432 7911 $291 $13 $0 $0 $500 n/a $500 $268 $572 Total Normal Premiums $41,822 $1,324 $0 $0 $21,268 $64,414 Normal Premium $64,414 Net Premium $64,414 Page 5 of 5 FLORIDA MUNICIPAL INSURANCE TRUST CONDITIONS OF COVERAGE As a Member of the Florida Municipal insurance Trust, Member agrees to abide by all requirements, terms and conditions authorized by, and set forth within, the Agreement and Declaration of Trust creating the Trust, including the following generally applicable conditions of coverage: CONDITIONS A. The Member agrees in the event of payment of any loss by the Trust on behalf of the Member, the Trust shall be subrogated to the extent of such payment to all the rights of the Member against any party or other entity legally responsible for damages resulting from said loss, and in such event, the Member hereby agrees, on behalf of itself, its officers, employees, and agents to cooperate with and otherwise assist the Trust as may be necessary to effect any recovery sought by the Trust pursuant to such subrogated rights and to do nothing that will impair the rights of the Trust herein described. B. The Member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the properly, work places, plants, works, machinery and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the Member participates in the Trust, to examine the Members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the Member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the Member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the Member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the Member pursuant to this Agreement. However, neither the Trust, it's Board of Trustees, its Administrator, nor any of their agents, servants or employees will have any liability to the Member or others because of any inspection or failure to inspect. C. The Member shall make prompt payment of all contributions as required by the Board of Trustees, said contributions to be determined by said Board. Contribution requirements may be estimated based on Member - provided information and subject to change pursuant to final audit. The Member shall fully cooperate with auditors of the Trust to promptly determine final audited contributions. Any disputes concerning contributions shall be resolved after payment. Any objections concerning the final audited contribution shall be filed within 60 days of billing of the final audited contributions. After that time, the final audited contribution amount shall be considered final. D. Members' duties after loss: give the Trust prompt written notice of any accident, occurrence or potential claim along with all relevant information concerning the claim. The Member FMIT COND 1016 Page 1 of 3 shall have a continuing duty to provide to the Trust all relevant information promptly as the Member becomes aware of such information; and 2. cooperate fully with the Trust in defense or settlement of claims or opposition to claims bills, and in the enforcement of any right of contribution or indemnity; and 3. forward to the Trust every notice, demand, summons or other process served upon the Member relating to any occurrence, and take no further action concerning the occurrence without the approval of the Trust or the servicing agent; and 4. take reasonable steps to prevent additional or cumulative bodily injury, personal injury or property damage from or arising out of the same or similar conditions or circumstances; and 5. not engage in settlement negotiations as to any claim or suit, and the Trust shall have no obligation to pay the amount of any settlement negotiated or agreed upon by a Member without prior written approval by the Trust or the servicing agent; and 6. agree to take all reasonable actions, where appropriate, which shall facilitate settlement of claims; and 7. agree to responsible counsel selected by the Trust to defend the claim and agree not to use the City Attorney or any other in -house or contract attorney used ordinarily by the Designated Member as general counsel to its operations to defend said action, unless otherwise provided in this Trust Agreement; and 8. keep all bills, receipts and related documents that establish the amount of loss; and 9. furnish a complete inventory of the lost, damaged and destroyed property, showing in detail the quantity and amount of loss claimed under the valuation provision of the Coverage Agreement; and 10. promptly separate the damaged property from the undamaged property, and keep it in the best possible order for examination; and 11. take all reasonable steps to protect the covered property from further damage; and 12. give notice of such loss to the proper authorities if the loss may be due to a violation of the law; and 13. refrain from any intentional efforts (whether by statements, actions or agreements) that: (1) harm, undermine, injure or conflict with the known legal strategy put forth by the Trust; (2) that are against the Member's self - interest or the interest of the Trust; (3) that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust; or (4) that tend to subject the Member or the Trust to liability or expand existing liability; E. Transfer of Member's rights and duties under this Agreement. Members' rights and duties under this Agreement may not be transferred without our written consent. This applies to all coverages under this Agreement or any that may be added after the effective date of this Agreement. Should the Members' rights and duties be transferred to a legal representative, they may act only within their scope of duties with regard to this Agreement. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. F. Required Member contributions shall be in addition to the deductible amount, if any, as set forth in the declarations to the Coverage Agreement. Where such deductible amount is required, coverages arising under this Agreement shall be in excess of such deductible. The Trust may pay on behalf of the Member all or any portion of the deductible amount and upon FMIT COND 1016 Page 2 of 3 notification by the Trust of such payment, the Member shall promptly reimburse the Trust for any portion of the deductible the Trust has paid. G. In the event any claim or suit results in liability against the Member for which there is coverage under this Agreement and which is reasonably likely to be submitted to, or is submitted to, the legislative claims bill process in the Florida Legislature, the Member agrees, on behalf of itself, its officers, employees, and agents, that the Trust shall have the right to control its representation in such matter before the legislative branch of the state government. Further, the Member agrees to execute and deliver such instruments and papers as required by the Trust, to cooperate with any attorney or other representative retained by the Trust, to provide relevant testimony if required by the Trust, to do whatever else is reasonably necessary in the interest of defending such claim or suit in the legislative claims bill process and to do nothing that will impair or conflict with the rights of the Trust herein described. Additionally, the Member shall refrain from any intentional efforts (whether by statements, actions or agreements) that harm, undermine, injure or conflict with the known legal or legislative defense strategy being put forth by the Trust, that are against the Member's self - interest, that are contrary to the Member's pecuniary or proprietary interest, or that of the Trust, or that tend to subject the Member or the Trust to liability or expand existing liability. H. The Member agrees that in the event of any legal issue between the Trust and any Member requiring disposition by a court of law, including any determinations of whether and/or the extent to which coverage exists, this Agreement, or any other agreement, certificate, document, or other instrument executed by the Trust and the Member pursuant to this Agreement, shall be deemed to have been made in Orange County, Florida and venue shall lie in the appropriate state or federal courts of Orange County, Florida. FMIT COND 1016 Page 3 of 3 FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE AGREEMENT APPLICABLE TO: GENERAL LIABILITY, AUTOMOBILE, PROPERTY AND ALLIED LINES In consideration of the Member's payment of the required contributions and the covenants and terms set forth in (a) the Conditions of Coverage, (b) the Member's Application for Participation including the statements and representations contained therein, (c) the Oedmnatkmm and (d) the Coverage Agreement including coverage endomemonts, bennu. oondifiono. UmUa of liability, exclusions and other provisions thereof (a, b, u, and d mho|| hereinafter collectively form and be referred to as the "Coverage Agreement"), the Florida Municipal Insurance Trust (hereinafter the "Trust") hereby enters this Coverage Agreement with the Member as follows: COVERAGE The Trust will pay all sums which a Member becomes legally obligated to pay aa damages because of.- Bodily Injury Property Damage Personal Injury, or Advertising Injury to which this Coverage Agreement and any endorsements thereto apply if caused by an occurrence which takes place during the coverage period of this Coverage Agreement. Amopre-requisite to any coverage by�eTmo under this Member expressly �meo to aouh�oy�o Conditions �� ---'— ~'~ ~~" contained mn Member Conditions of Coverage provided with this Coverage Agreement, along with the provisions of the Coverage Agreement and Declaration of Trust creating the Florida Kunicipo||nmumnumTmeLendonym|am ` policies and procedures adopted by the Trust, which shall be deemed a pad of this Covarag- Agreemant.whetherexpreum|ynastatedhenan or not. LIMIT OF LIABILITY Regardless of the number of(1) Members under this Coverage Agreement, (2) persons or organizations who sustain injury m damage, or(3) claims made orsuits brought ouaccn�� bodUyk�vry'pnoper�damage, pwmun�i�mYorodvo�sin8i�uq/. the Mahi|i\y��Wv Trust |olimited as follows: The total liability of the Trust applicable to "each person" under all coverages and endorsements hx all dommQoo' including but not limited to damage awards for derivative claims, baxa-- costs, olai hsou, and prejudgment or post-judgment interest, sustained by oneperson or organization as the result of any one occurrence shall not oxnaad the limit ofUabiUb--- dindh- DedoraUonuandendnmamemtaMheneto. The total liability of the Trust applicable to "each occurrence under all coverages and endorsements for all damogeu, including but not limited to damage awards for derivative claims, taxable costs, claimant attorney's fees, and prejudgment or post-judgment interest, sustained b' morammnumepemonororgonizobonooQhemsu|t of any one occurrence shall not exceed the limit ofliability stated in the Declarations and endorsements thereto. Un|000 otherwise specified, the costs and expenses necessary to investigate and defend anydaimoruuit to which this Coverage Agreement applies shall not reduce the Limit of Liability. WIT CA107 Page 1 of 20 For the purpose of determining the limit of the Trust's liability, all damages orisin md�c��u�m or repeated exposure to �e name general conditions oheD be —= considered as arising arising mdof one ^000unancm.^ou that term iu defined herein, DEFENSE AND SETTLEMENT The Trust will settle or defend, oob considers appropriate, any claim or suit dmnanding domogeo und oovenad by�� Agreement, TheTmmteW| defend anyou� demanding money --against ~ Member which alleges o claim for money damagusuovenedbyUhinCovamgoAgremm-- -v—n'' such suit is eventually found groundless, false orfraudulent. However, the Trust h aunoUutyto dnfendorindomnUyeNomborinonydaimoroudwhiohon its face alleges facts excluded mnot covered by this Coverage Agreement, h the event e suit mother action contains allegations which allege damages which the Trust has duty 0o defend and other allegations which allege damages or other relief that the Trust does not have a duty Ua defend, the Trust will defend all allegations subject hn the bermn con��onu.Nnhaof liability and exclusions of the Coverage Agreement; however, undertaking such defense uheU not obligate the Trust to pay any judgments, settlements or awards which a Member becomes legally obligated to pay for allegations to which coverage does not apply. The Trust's duty to defend ends when applicable Limits o[ Liability have been exhausted. Aso condition of coverage under this Coverage Agreement, the Member agrees that settlement of any claim or suit may invoke the payment of proceeds and/or the taking or forbearing to take certain actions hy the Member. Accordingly, the following requirements shall apply bo all settlement efforts by the Trust and any party acting as the Trusfs appointed representative or agent: For any occurrence resulting in e claim or suit for damegew. K the Trust gives written notice of its recommendation for settlement, including the payment of proceeds 8o settle a claim or suit and/or the taking urforbearing to take certain actions by the Member, and the Member does not affirmatively y acuept such recommendation within a reasonably requested time period contained in the notice, not to exceed thirty (30) days following receipt of such notice, the Trust's sole coverage obligation Uo the Member shall then not exceed the lesser of: a. The sum for which the claim o, suit could have been settled at the time set forth in the notice cf the Trust's recommendation for settlement; and b. The costs and expenses incurred by the Trust to defend the claim orsuit through the date on which the Member was required to provide its affirmative acceptance of the recommendation for settlement; or C, If less than the sum ofaand b. above, the unused portion ofthe stated limit of liability contained within the Declarations, less any self-insured retention or deductible amounts owed by the Member. Z In its application ofthe foregoing provision, the Trust shall have no obligation to obtain prior notice m authorization of the Member m its legal counsel to make any proposed settlement, actual settlement or partial settlement of any claim msuit covered under this Coverage Agreement. Aoo condition of coverage under this Coverage Agreement, the Member agrees: For any occurrence resulting ina claim m suit for damages for which coverage under this Coverage Agreement is sought, the Tmnt, in its sole discretion, may investigate; settle; coordinate the defense of claims or counts within suits which may not be expressly covered by this Coverage Agreement but which provide RNITCA107 Page 2of2O strategic benefits through coordinated litigation; and/or use of any other claim defense measures permitted by applicable rules of state law and attorney professional conduct, without the prior consent or approval of the Member. 2. The Trust shall have no obligation to retain more than one attorney to defend all Members involved in any occurrence resulting in a claim or suit for damages covered by this Coverage Agreement, absent a clearly expressed conflict of interest from the attorney initially retained by the Trust. The Trust shall remain in control of the defense for any occurrence resulting in a claim or suit for damages for which the Trust is obligated to provide a defense or elects to provide a defense to the Member, notwithstanding any of the following: a. There is more than one defendant against whom a claim or suit is brought; b. There is any real or perceived conflict between or among the Trust, any Member or any defendant(s) involved in any claim or suit; c. The Trust has reserved its right to deny or limit its coverage in any claim or suit; d. The Trust or the Member initiates any claim or suit against any other Trust Member. In the event any court of competent jurisdiction orders the Trust to provide attorney representation beyond the attorneys) retained by the Trust to defend any claim or suit, the Member shall be entitled to the fees and charges for such court- ordered attorney representation only to the extent of usual, customary and reasonable legal fees and charges ordinarily paid to attorneys retained by the Trust. DEFINITIONS The following definitions apply throughout this Coverage Agreement unless modified or excluded: A. Advertising Injury, means injury arising out of an offense committed during the Coverage Agreement period occurring in the course of the Designated Member's advertising activities; if such injury arises out of libel, slander, defamation, violation of right of privacy, oral or written publication of material, misappropriation of advertising ideas or style of doing business or infringement of copyright, title, or slogan. B. Agreement Territory, means the United States of America, its territories and possessions, Puerto Rico and Canada. C. Automobile, means a land motor vehicle, trailer or semi - trailer designed for travel on public roads (including any machinery or apparatus attached thereto) -or, any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment ". D. Bert J. Harris, Jr., Private Property Rights Act Claim, means a claim alleging a cause of action authorized by section 70.001, Fla. Stat., as amended from time to time. E. Blanket Coverage, means in the event of a claim, the Member's covered property coverage limit shall include the aggregate sum of agreed property values that were specified in the Member's Statement of Values and upon which the Member's coverage and premiums were underwritten for the relevant coverage period. A blanket limit shall only apply when the designation `Blanket" is noted within the Member's Property, Allied Lines FMIT CA 1017 Page 3 of 20 and Crime Declarations page; shall only apply to covered property described at Scheduled Location; and ohoU be subject to any specifically capped property damage coverage limit agreed to by the Designated Member and referenced in the Declarations. F Bodily hjury, means bodily injury, sickness or disease sustained by person, including death resulting from any of these at any time resulting from an occurrence during the period of this Coverage Agreement, G. Communicable Disease includes but is not limited to Acquired Immune Deficiency Syndrome (ADS). and any other sexually transmitted disease. H. Designated Member, means the entity, organization or constitutional officer named in Item imKof the Declarations of this Coverage Agreement, Designated Member does not i Designated Member's Products, means goods or products manufactured, sold, handled, or distributed by the Designated Member or by others trading under his name, including anynunainer8henaof(otherdhenavehde), bud^Deoignotedkdmnbo/upmduots^oha||no( include a vending machine or any other property, rented to or located for use of others but not sold. J. Elevator, means any hoisting m lowering device to connect floors or landings, whether or not in service, and all appliances thereof; but does not include an automobile servicing hoist o material hoist used in alteration, construction or demolition npemtions, or an inclined conveyor used exclusively for carrying property ormdumbwaiter. K. Employee 8mnwfitm prnQram, means any pension and profit sharing plan; individual retirement account (IRA) plan; salary reduction plan under Internal Revenue Code 401 (k) or Amendments; employee stock subscription plan, savings plan; group plan for life, health, dental, disability, automobile, home owners, or legal services insurance; social security system benefits; workers' compensation and unemployment insurance; travel and vacation plans; or educational tuition reimbursement plans created, administered or endorsed by a Employment Practices liability means liability arising from m claim or suit alleging damages as a result of any of the following acts or omissions by the Designated Member aaonemployer: 1 discrimination, (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy or disability); 2. employment-related misrepresentation(s) to on employee or applicant for employment with the Public Entity; J. failure to grant tenure; 4. failure to provide or enforce adequate or consistent policies and procedure relating <o any Employment Practices Violation; 5. harassment (including uexuel harassment whether "quid pro quo', hostile work environment orothewvioe); O, retaliation (including lockouts) or alleged employment decisions involving violation of any state, or local whmUob|ower protection law; RNITCA1017 Page 4of20 7. violation of an individual's civil rights relating to any of the above but only if the Employment Practices Violation relates to an employee or applicant for employment with the Public Entity whether direct, indirnct, intentional or unintentional; 8. wrongful deprivation of career upportunh?, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; Q. wrongful discipline; 10. wrongful dismissal, discharge or termination, either actual or constructive; 11� wrongful failure ho employ orpromote. M. Errors and Omnimmionm, means a claim for damages alleging liability for any unnr, misstatement, omission, neglect or breach of duty by Members while lawfully acting in their official capacity or lawfully acting within the scope of their emp|oymerd, whether acting individually or collectively, excluding any claim based on a failure bm property effect any insurance coverage agreement cvsecure adequate insurance coverage from any insuring entity including the Trust and excluding any claim related to matters arising before the State of Florida Commission on Bhims, or any local ethics commission neoLod by charter cv ordinance which has jurisdiction over the alleged misconduct. N. Incidental Contract, means o written (a) lease of premises, (b)easement or license agreement granted to the Member, except inconnection with construction mdemolition operations on or within 50 feet of a railroad (c) obligation to indemnify a municipality, as required by municipal ordinance, except i cti with work fo elevator maintenance agreement; or (e) contract otherwise entered by the Member for which tort liability would be imposed against the Member even in the absence of the contract, but does not include any contract that: involves the provision of professional services by an architect, engineer or surveyor; seeks to impose liability under a warranty of the fitness or quality of the Member's products or a warranty that work performed by or on behalf of the Member will be done in a workmanlike manner; seeks to hold harmless and/or indemnify any person or entity excluded from the scope of 768.28, Fla. Stat.; seeks to make the Member liable for any claim, loss or damages proximately caused by the negligent act or omission of another party, its directors, officers, employees, contractors and/or agents; seeks to waive the Members sovereign immunity or extend the Members tort liability beyond the limits expressly provided in Section 768.28 F.S.; seeks to impose contractual liability on the Member for underlying tort claims beyond the limits expressly provided in Section 768.28 F.S.; or does not otherwise comply with the express provisions of Section 768.28 F.S, O. Incidental Medical Malpractice Injury, means bodily injury arising out of the rendering of or failure to render medical services or treatment by a non-professional during the period of this Coverage Agreement, including the following services: 1 medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food m beverages in connection therewith; nr 2. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. P. intermcm| Agrawmmnt, means an agreement that is authorized and entered pursuant to Chapter 1S3.Fla. Stat. and that complies with the express provisions cf Section 788.2DFla. Sbd, RNITCA1O17 Page 5of2O CL Inverse means any mffirmotivuregulatory action bya Designated Member resulting in the deprivation of substantially all economically beneficial or productive use of private property and the resulting cause of action by the affected property owner to recover any loss inmonetary value resulting from the regulatory action. As defined, "inverse condemnation" excludes any physical taking of property mdiminution of access hu property, by whatever means and whatever name called. R. Loading ar unloading, means the handling ofproperty: 1 after bis moved from the place where bis accepted for movement into or onto an aircraft, watercraft cx^auto;^ 2. while bis inornnan aircraft, watercraft m"auto,^or 1 while it is being moved from un aircraft, watercraft or^autn ho the place where itio finally delivered; but "loading munloading" does not include the movement nf property by means u[a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or & Member, oo used herein muonu� 1. the Designated Member; and 2, while acting within the scope oy his employment, officer (except oh�hona| o�uem), vo|o�ner, uomonL, or employee of the Cem!gnaLo6 Kd ' bar. including elected and appointed officials, and members of Boards or Commissions created by the Designated Member. Howe/or, the oovonsgo on provided any offioer, namant, or employee does not apply &obodily injury tn another officer, uomanL or employee of the Designated Member injured in the course of and arising out of his employment. The coverage afforded applies separately to each Member against whom claim in made or suit is brought, except with respect Uo the limits of liability o[ the Trust; and does not apply bo bodily injury or property damage or personal injury liability arising out of the conduct of any partnership or joint venture of which a Member is a partner or participant and which is not opecifiodin this Coverage Agreement oua Designated Member. T. Mobile Equipment, means a land vehicle (including any machinery or apparatus attached thereto), whether cx not self propelled, (a) not subject Vs motor vehicle registration, or (b) maintained for use exclusively on premises owned by or rented to the Designated Member, including the ways immediately ad)oining, or (c) designed for use principally off public roads, mv(d) designed or maintained for the sole purpose of affording mobility bequipment of the following types forming an integral port o[orpermanently attached to such vehicle: power onanmo. ohnve|w. }oadem, diggers and drills; concrete mixers, gnodem, nomp*m, rollers and other mad construction or repair equipment; air compressors, pumps and generators, including spreading, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. U. |Np|d. Spores and/or Fungus, means any mold, spores and/or fungus of any type of nature whatsoever that can cause or threaten harm to any living organism (including human health or human wo{hare, or the health or welfare of any animal or plant) or can cause or threaten physical damage, deiohomhun. |oom of uoo, and/or loom of value or RNITCA107 Page 8of2O morketabilityboanybmQiblopmportywhetsoews This includes, but is not limited to, any type(s) of mold, spores and/or fungus that are harmful m potentially harmful to health or welfare (such as Stachybotrys and others), or that are damaging or potentially damaging to tangible property (such as wet or dry rot, mildew and others) or that can otherwise cause or threaten to cause bodily injury, property damage, personal injury or advertising injury or any kind whatsoever, K Occurrence, means anevent or accident, including continuous m repeated exposure b substantially the same general harmful conditions which result in bodily injury, property damage, personal injury or advertising injury and not arising from any form of intentional misconduct. It is agreed that a single occurrence shall be deemed to arise in the event one or more claims for damages allege injury based on a series of similar causes or allege injury based on a common nucleus of operative facts: 1. that happen over a period of time; or 2. that happen repeatedly; m 3. thoformaooursecfuondmct'or 4. that involve ordinances, resolutions, policies, procedures or legislative enactments that involve the same or substantially similar subject matter; or 5� that involve the adoption or enforcement, failure to adopt or failure to enforce: ordinances, mooluUmno, pdician, procedures or legislative enactments that involve the same or substantially similar subject matter; or 8. that are certified by a court of competent jurisdiction 0o honn the basis for class- action litigation. Ni permommd hnjury, means injury sustained by any person or organization arising out of one ov more of the following offenses committed during the term of this Coverage Agnaement. false arrest, detention, imprisonment; 2, wrongful entry m eviction, mother invasion ofthe right of private occupancy; 3. publication or utterance: a. of material that libels, slanders m defames or disparages m person or organization's goods, products or services; or; b� of material that violates an individual's right of privacy; except that publications or utterances in the course n[or related hobroadcasting, publishing, or telecasting activities conducted by or on behalf of the Designated Member shall not be deemed personal injury; X. Pollutants, mean any solid, liquid, biological, gaseous or thermal irritant or contaminate, including umoke, duo, vapor, moot, fumen, acids, alkalis, chemicals and electromagnetic radiation, liquids, gases, other irritants or contaminants and waste. Waste includes materials tube recycled, reconditioned u/reclaimed. RNITCA1017 Page 7of2O Y. Products-Completed Operations Hazard: 1. includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out uf "your product" or "your work" except: a. products that are still io your physical puaoeuaion�or b� work that has not yet been completed or abandoned. However, "your work" will ba deemed completed ed the earliest o[ the following times: (1) when all of the work called for in your contract has been completed. (2) when all of the work tube done ot the site has been completed if your contract calls for work at more than one job site. (3) when that pmt of the work done at mjob site has been put to its intended use by any person or organization other than another contractor or sub-contractor working on the same project. VVmk that may need oenvice, moinienanne, conenhon, repair or replacement, but which is otherwise comp|ete, will be treated as completed, 2. Does not include "bodily injury" or "property damage" arising out of: o. The transportation of property, unless the injury or damage ohoeo out of o condition in or on a wohida not owned or operated by you. and that condition was umodnd by the "loading ur unloading" n[ that vehicle by any insured; b. The existence of tools, uninotaUod equipment or abandoned or unused materialn; or C. Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products-completed operations are subject tnthe General Aggregate Limit. Z� Property Damage, means (o) physical injury to or d*mbnoUon of tangible property which occurs during the policy period, including the |omm n[ use thereof ot any time resulting there from, or (b) |oon of use of tangible property which has not been physically injured or destroyed provided such |oma of use in ouuood by an occurrence during the period of this Coverage Agreement. AA. Scheduled LmceUon, means a |ouednn (whether physical street address or narrative description of the location) identified within the Oooignohmd /Nembo/m Declarations (including the Real and Personal Property Schedule or Property In The Open (PO'O) Schedule) at which the Trust and Designated Member have agmod, subject to all benns, ounditionu, exclusions and other provisions forming the Coverage Agreement, loss or damage to property at such location may be covered within the relevant Property and Allied Coverages Limit (including P|TO Coverage Sub-Limit) shown in the Declarations. 8B� Sexual Action indudaa, but is not limited to, any verbal or non-verbal nommunicohun, behavior orconduct with sexual connotations or purposes, whether for sexual gratifiuoUon, inbmideban, coercion or other purpose, and regardless of whether such action is alleged to be intentional ornegligent. RNITCA107 Page 8of28 CC. Sexual Abuse shall include, but is not limited to, the negligent or intentional infliction of physical, emotional or psychological injury or harm on any person or persons in the care, custody or control of any Member and also includes one or more of the following acts: any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. 2. any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. & any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that this does not include any act intended for a valid medical purpose. 4. the intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the individual or the perpetrator, except that this does not include: a. any act which may reasonably be construed to be a normal caregiver responsibility, any interaction with, or affection for an individual; or b. any act intended for a valid medical purpose, 5. the intentional masturbation of the perpetrator's genitals. 6. the intentional exposure of the perpetrator's genitals in the presence of an individual, or any other sexual act intentionally perpetrated in the presence of an individual, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose. 7. the sexual exploitation of an individual, which includes allowing, encouraging, or forcing an individual to: a. solicitation for or engage in prostitution; or b. any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. DID. Suit, means a civil proceeding in which damages because of 'bodily injury," "property damage", "personal injury or advertising injury" to which this coverage applies are alleged. "Suit" includes: 1. an arbitration proceeding in which such damages are claimed and to which the Member must submit or does submit without consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Member submits with our consent. EE. Your Product means'. a. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) you; FM IT CA 1017 Page 9 of 20 (2) others trading under your name; or () o person or organization whose business or muoeto you have acquired; and b. containers (other than vuhiden). materials, parts or equipment furnished in connection with such goods orproducts. 2. includes: o. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your pruduct;"and U. the providing ofor failure to provide warnings orinstructions. 3. does not include vending machines or other property rented to ur located for the use n[ others but not sold, FF Your Work: work m operations performed byyou ornn your behalf; and b� materials, parts mequipment furnished in connection with such work or 2. includes: m. warranties m representations made at any time with respect to the fitness, qualitydmabUUy.perfonnanneorusocf "your work.~and the providing ofm failure to provide warnings or instructions, QG. Aircraft means an airplane, helicopter, m other machine capable offlight, including any unmanned m remotely operated variation of such machines such as "drones"m the like. HH. Property In The Open ("PITQ^ means certain personal property owned by the Designated Member which satisfies all terms and conditions required for coverage an defined in the PITO Endorsement. pITO property Schedule means the portion of the Designated Member's Coverage Agreement which consists of list ofspecific PITO property items eligible for coverage within the relevant PITO Coverage Sub-Limit shown in the Declarations and, subject to all tenno, conditionu, exclusions and other provisions forming the Coverage Agneomeni, includes: on identified location of the P|TO property (whether physical street address or narrative description of the P|TO property location) and a description of the 9|TO property by type, name and/or other detail. JJ. Real and Personal Property Schedule means the portion of the Designated Member's Coverage Agreement which consists ofelist of all building, business personal property or other specifically identified property of the Designated Member, excluding PITO property, which is eligible for coverage within the relevant Property and Allied Coverage Limit shown in the Declarations ond, subject to all terms, oonditianm, exclusions and other provisions forming the Coverage Agreement, includes: on identified location of the covered property RNITCA107 Page 1Oof2O (whether physical street address m narrative description of the covered property location) and a description nf the covered property by type, name and/or other detail. EXCLUSIONS This Coverage Agreement does not apply: A. to any liability arising from any alleged bnaooh of any oxpnsu or implied cuntnaut, nor to bodily /njury, property damage or any liability arising out of the Members assumption of liability in a contract or agreement, except an incidental contract or interlocal agreement, as those terms are defined horein� . B. to bodily injury or property damage arising out of the uwnership, maintenance, operation, use, loading ov unloading of: 1. any automobile operated byur rented m loaned Un any Member; 2. any other automobile operated by any person in the course of his employment by any Member; but this exclusion does not apply to the parking of an automobile on premises owned by` rented to or controlled by the Member or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any Member; 3. any vehicle while being used in any pre-arranged or organized radng, speed or demolition contest nrin any stunting activity or in proobnn or preparation for any contest or activity; C, to bodily injury or property damage arising out of: 1 the ownnmhip, mantenoncn, operation. use, loading or unloading of any mobile equipment while being used in nnypne'enanged or organized rocng, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest oractivity; 2. the operation or use of any trailer designed for use therewith; or 3. the ownership, maintenance, operation, cx use ofa water theme park. D. to bodily injury m property damage arising out of the ownership, maintenance, operation, use, loading or unloading of: 1 any watercraft used in law enforcement over fifty two (52) feet in length or thirty five (35) feet in length for all other watercraft; 2. any passenger while inor upon, entering ora|ightinghnmanywab»mnaft,bu*ovar. this exclusion does not apply to a watercraft you do not own that is not being used tu carry persons ur property for a charge; or 3. barge or lighter rented by the Member to others with respect ho which the Member does not furnish employees Cm operate and does not have any operating oontrd; 4. any watercraft while being used in any pre-arranged or organized racing, speed or demolition contest orin any stunting activity orin pnoo§oo nr preparation for any contest nractivity; S any watercraft or structure being used auan artificial reef or similar purpose; G� any marina operation owned, leased or operated by the Member. E to bodily injury mproperty damage arising out ofthe ownership, maintenance, operation, use, loading m unloading of: 1. any aircraft owned or operated bym rented m loaned toany Member; 2, any other aircraft operated by any person in the course cf his employment byany Member; but this exclusion does not apply ho aircraft while parked on premises owned by, rented 0oor controlled by the Member; F. to any liability arising out ofor caused or contributed toby any maintenance, operation, use or control of or responsibility for any airfield, airport, runway, hangar, building or other RNIT[A107 Page 11 of 20 property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities or operations; provided that liability for services performed or premises located at or on any airfield, airport or aviation facility not directly related to aviation activities or operations, and not covered by any other liability insurance, shall not be excluded from coverage by this exclusion; G. any claim for bodily injury, property damage (including the loss of use thereof), personal injury or advertising injury caused by, contributed to or arising out of the actual or threatened discharge, dispersal, disposal, leaching, migration, seepage, release, or escape of pollutants and /or contaminants into or upon the land, the atmosphere or any course or body of water, whether above or below ground. However, this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which bums outside the area intended to be or which becomes uncontrollable. H. any damages arising out of the ingestion, inhalation or absorption of lead in any form. Any foss, cost or expense arising out of any: 1. request, demand or order that any "Member" or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of lead; or 2. claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. I. any damages from the process of continued surface and /or subsurface degradation and deterioration of lead based paint that has been applied to any surface of any building whether considered commercial or residential. J. to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion and revolution, or to any act or condition incident to any of the foregoing; K. to any obligation for which any Member or any carrier as it's insurer may be held liable under any social security, workers' compensation, employers liability, unemployment compensation or disability benefits law, or under any similar law including any claims under the Americans with Disabilities Act; L. to bodily injury to any employee of the Designated Member arising out of and in the course of his or her employment by the Designated Member or to any obligation of a Member to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Designated Member under an incidental contract. This exclusion shall include any liability incurred by a Member as a result of an alleged wrongful employment practice; M. to property damage to property owned or occupied by, leased, or rented to a Member; N. to property damage to premises alienated by the Member arising out of such premises or any part thereof; 0. to loss of use of tangible property which has not been physically injured or destroyed resulting from a delay in lack of performance by or on behalf of the Member of any contract or agreement; P. to property damage to the Member's products arising out of such products or any part of such products; to property damage to work performed by or on behalf of the Member FMIT CA 1017 Page 12 of 20 arising out ofthe work or any portion thereof, m out of materials, parts orequipment furnished inconnection therewith; and to damages claimed for the withdrawal, inspection, repair, replacement, or |oua o[ use ofthe Member's products or work completed by ur for the Member orof any property o/ which such products nr work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; CL to any liability from the Member's completed operations arisin out of: i ��e�.��mma�pm��mdbya ~�orentityaffectedbytho actions of the Member or its agents including any damages sustained by such person or entities by virtue o[a business interruption; or 2. loss resulting from theft of any property which at the time of loss is not an integral part of building or structure including direct loss by p|i|oga and looting occurring during and at the immediate place o[a riot m civil commotion; R. to any liability arising in whole, min part out of: l any act or omission o[o Member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property; 2. any Member obtaining remuneration cvfioancia( gain to which the Member was n legally entitled; - l the *iUhm| violation of any fedand, state or local |ow, ordinance or regulation committed byur with the knowledge cx consent of any Member; or 4. violation oy public trust; S. to any liability arising out of or in any way connected with a physical taking of property or any diminution of access to property, by whatever means or whatever name called, the operation ofthe principals of eminent domain, condemnation, condemnation or takings law, whether permanent or temporary, including but not limited to, claims arising out of federal, state or local land use, environmental, air, ground or water pollution, or health, safety and welfare laws, ordinances or regulations, claims arising from Chapter 70, Florida Statutes, known as the Bert J. Harris, Jr. Private Property Rights Protection Act, as may be amended from time to time, or claims arising from activities by or on behalf of a Member which result in permanent or temporary loss of use or value of private property, whether such liability accrues directly against the Member, or by virtue of any agreement entered into by or on behalf of the Member; T. to any liability for injury, sickness, disease, death ur destruction due to the rendering se.ph-��n- eoaohan. ponamm�� emergency medical technician or other medical professional � Designated Member; -� � - - U. to any liability arising out ofmin connection with or caused mcontributed tobyany failure or inability to supply, in whole min part, any adequate quantity or quality of power, steam' pressure, water orfuel. Fuel hndudoo, but is not limited to natural yes, heating oil and propane; V to any liability arising out ofm caused mcontributed tobymconnected with any actual or alleged violation n[ the Employee Retirement Income Security Act cd1874 (Public Law S3- 406) or any amendment thereto or any similar provision of any |omd, state or federal law statutory mrcommon; ' W to any liability as a result of flood or any liability as a result of water overflow damage, flooding, caused or contributed to by any failure, breakage, inmdequmoy, maintenance of and/or design of any natural or man-made structure, including but not RNITCA107 Page 13of2D limited to: any dam, dyke, levee, reservoir, water barrier, dduhau, omnals, gate, oqueduct. water shed, channel or culvert, X. to any liability for fines, punitive or exemplary damages; or any non compensatory damages or penalties imposed pursuant to any federal or state anti-trust, civil rights, anti- discrimination, or racketeer influence and corrupt organization (RICO) laws; Y. to any damages imposed by special act of the Legislature; Z. to any "bodily injury" m'property damage: with respect towhich a "Member" under the policy is also mn insured under nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the "hazardous properties" of "nuclear material" and with respect to which (o) any person mvorganization is required to maintain financial protection pursuant Uo the Atomic Energy Act ny1Q54.or any law amendatory thereof, ur(b) the "Member" 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 any agency thereof, with any person ororganization. a under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material' and arising out of the operation of o "nuclear facility" by any person ororganization. under Liability m "property damage" resulting from "hazardous properties" of "nuclear material" if: (1) the "nuclear material" (o)isat any "nuclear facility" owned by, cv operated by or on behalf o[ e "Member" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" in contained in "spent fuel" or"wmsto^mtany time possessed, handled, used, processed, stored, transported o, disposed or, byoron behalf ofm10omber";ur (3) the 'bodily injury" ur "property damage" arises out o[ the furnishing by o fNnmbm" of samioeu, mskeha|u, parts or equipment in connection with the planning, oonstmoUon, moirdononce, operation or use of any "nuclear facility," but if such facility is located within the United States of Amedoa, its tendohoo or possessions nr Canada, this exclusion (3) applies only hr"property damage" bo such "nuclear facility" and any property thereat. os used in this endorsement: "Hazardous properties" includes radioactive, toxic mexplosive properties. "Nuclear material" mean "source material", "special nuclear material" or �y- product material". FMIT[A107 Page 14of2U "Source material ", "special nuclear material ", and "by- product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by- product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility ". "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 "; C. 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 "Member" 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; or d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste "; and includes the site on which any of the foregoing is located, all operations conducted onsuch site and all premises used for such operations. "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. "Property damage" includes all forms of radioactive contamination of property. AA. to personal injury arising out of any publication or utterance described in sub - paragraph W 3 of the definition of Personal Injury contained in the Definition section of this Coverage Agreement (a) if the first injurious publication or utterance of the same or similar material by or on behalf of the Designated Member was made prior to the effective date of this coverage; (b) concerning any organization or business enterprise, or its products or services, made by or at the direction of any Member with knowledge of the falsity thereof; BB. to any liability arising out of errors and omissions as defined herein; CC. to bodily injury or property damage for which the Designated Member or his indemnitee may be held liable: 1. as an entity or organization engaged in manufacturing, distributing, selling, furnishing or serving alcoholic beverages; or 2. if not so engaged, as an owner or lessor of premises used for such purposes, FMIT CA 1017 Page 15 of 20 if such liability is imposed a. by, mbecause of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverages; or b. by nsanno of the oel||ng, uaming, furnishing or giving of any alcoholic beverage too person who is not uflegal drinking aga, habitually addicted to the use of any or all alcoholic bevenogeo, to a person under the influence of alcohol or which uauoon or contributes bo the intoxication of any person. 8. causing or contributing to the intoxication o[ any person. This exclusion does not apply and coverage is afforded under the Coverage Agreement for bodily injury mv property damage claims cvliability resulting from the providing or serving n[ alcoholic beverages without charge tu the public at functions incidental to a Designated Members business or activity otherwise covered under the Coverage Agreement or any endorsement thereto; DD, to any claim, demand n« action seeking injunctive, declaratory, writ of mandamus, orany other non-monetary relief against uDnsignated Member many of its agents; BE to any liability arising out of any actual or alleged sexual action, sexual abuse or communicable disease. However, this exclusion does not apply and coverage is afforded under this Coverage Agreement to bodily injury or personal injury liability which may accrue against the Designated Member os defined within the Definition section; FF to any liability for injury, loss m damage sustained by any person m entities arisin from or in ~ other disease Including mesothelloma and cancer related to asbestos exposure nor any liability for costs or expenses incurred in removing, cleaning up or nullifying such asbestos kis understood and agreed that the intent and effect of this exclusion is to delete from all coverages afforded by this Coverage Agreement any loss, cost, m expense arising out of any governmental direction, order or request that the Member test for, mondur, cleanup, remove, contain, treat, detoxify or neutralize asbestos cv asbestos products. QG. to any liability arising out of errors and omissions on defined herein or other negligent or wrongful act committed in the administration of any employee benefits program as defined herein, for present or former employees of the Designated Member; HK to any liability arising out ofm caused bym contributed to or connected with alleged violation of the following: 1� Federal Fair Labor Standards Act. J. Chapter 447. Florida Statutes. 1 Drivers Privacy Protection Act of 1994 4� National Labor Relations Act. 6. Worker Adjustment and Retraining NnhfinmUonAct. 6, Consolidated Omnibus Budget Reconciliation Act of1Q85. 7. Occupational Safety and Health Act. 8. Federal Employers Liability Act Q. Longshoreman's and Harbor VVodem'Ao 10. Employee Polygraph Protection Act 11. Defense Base Act 12. Outer Continental Shelf Lands Act RNITCA1U17 Page 18of20 K any claim requesting return m reimbursement ofa special assessment, bm�m�n��e f��m��m��e[��dM�b`mMa�� ' JJ to any claim for attorneys' fees or costs for any action not covered by this Coverage Agreement; KK. to any damages which accrued or occurred prior to the effective dote of this Coverage Agreement notwithstanding the date o[ the occurrence; LL advertising injury arising out of: 1 Failure of pndbnnonne of oonbad, but this exclusion does not apply to the unauthorized appropriation of ideas uponoUogedbremoho[impUedoonbact ` or Infringement of trademark, service merk, or trade name, other than 'Ueu or r n|mgona, by use thereof orin connection with goodo, products orservices oo|d ' nffanedhorna|n.orodverhmed.nr 3. Incorrect description or mistake in advertising price ofgoods, products or services sold, offered for sale oradvertised. Also, with respect ha advertising injury: 1. tu any Member in the business cf advertising, broadcasting, orkdacaubnQ or 2. to any injury arising out of any act committed by the Member With actual malice. yNyW. to any Bodily Injury Liability. Property Damage Liability, Personal Injury � LiabUKy Advertising Injury Liability, Products Liability and Completed Operations Hazard arising directly or indirectly out of- any actual or alleged haikum, malfunction nr inadequacy due ho the inability ho correctly recognize, proceoo, dioUnguieh, interpret or accept the year 2O8Oand beyond by: o. any oy the following, whether belonging tn any insured or to ckhom: (a) Computer application nuftwue; (b) Computer networks; (o) W/ixnopmuooaom (computer chips) not pod of any computer system; (d) Computer operating systems and related software; (e) Computer hardware, including microprocessors; or (f) Any other cumputehzed or electronic equipment or components; or b. any other products, and any services, data or functions that directly or indirectly use or rely upon, in any monner, any of the items |inLod in the preceding paragraph. 2. any odvioo, coneobadun, demign, evaluation, innpomVnn, installation, maintenance, repair, mp|amamontormopnmioion provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in paragraph o.above. W to any Bodily Injury Liability, Property Damage Liability, Personal Injury Liability, Advertising Injury Liability, for which any Designated Member or Member under this Coverage Agreement may be held liable arising out of the actual or threatened occurrence, growth, release, transmission, migration, dispersal or exposure to any micro-organisms, biological organisms, bioaerosols or organic containments, including but not limited to mold, spores and/or fungus; 1 resulting from any actual or threatened exposure to, inhalation, absorption or ingestion of, or physical contact with mold, spores and/or fungus; 2. resulting from any actual or threatened mold, spores, and/or fungus upon any real property or personal property, product or work, premises, site or location, or any other tangible property, or any Designated Member or Member or any other person(s) or organization(s), located anywhere in the world; FMITCA107 Page 17of20 3. resulting from any |omm, cost or expense for any tondng, monitoring, clean-up, teobnon cx removal, orneu�e�zobono[moN.xpmemom�orfungus; ' ' OO. A. to "any injury or damage" arising, directly or indirectly, out ofu 'certified act of terrorism" oran "other act o[henoham^ However, with respect hoan "other act of berrodmnn''. this exclusion applies only when one or more of the following are attributed 0o such act: 1' the total of insured damage to all types of property exceeds $25,000.000. In determining whether the $25.000.000 threshold is exmeedad, we will include all insured damage sustained by property of all persons and andUem affected by the terrorism and business interruption |omneo sustained by owners or occupants of the damaged property. For the purpose o[ this provision, insured damage means damage that imcovered by any insurance plus damage that would be covered by any insurance but for the application uf any terrorism exclusions; cx 2. fifty or more persons sustain death or serious physical injury. For the purposes o[ this provision, serious physical injury means: a. physical injury that involves m substantial risk u[ death; cx b. protracted and obvious physical disfigurement; or C. protracted loss u[or impairment of the function ufa bodily Member or organ; or 3. the terrorism involves the uao, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. the terrorism is ooniod out by means of the diapmosd or application of pathogenic or poisonous biological nr chemical mob*ha|m�nr 5. pathogenic or poisonous biological or chemical materials are released, and b appears that one purpose uf the terrorism was 0u release such materials. With respect bu this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. the following definitions are added: for the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but io not limited to "bodily injory^' 'property damoQo^. ^pmnnnai and advertising injury'," injury" or ^environmental damage" ommay be defined in any applicable Coverage Part. Z "Certified act of terrorism' means mnact that is certified by the Secretary of the Treasury, in concurrence with the Secretary cfState and the Attorney General of the United 0ateo, to be an act of terrorism pursuant to the federal Terrorism Rink Insurance Act o[2UO2, The federal Terrorism Risk Insurance Act of2UO2 sets forth the following criteria for a "certified act of FMITCA107 Page 18of2O a. The act resulted in aggregate losses in excess of $5m0-ion` and b. The act be violent act oranact that is dangerous mum bo human life, property orinfra-structure and is committed by an individual or individuals acting on behalf of any foreign person or foreign ��n*ot.ompadu[ano#�ttoonemn the �vUonpopu|aUonof�e UnibedSbdauor!oinOuancethepcd|oynraMeutMh000nductu[—e Dn�odStub�Govornmor�bycoeukm. -� 3. "Other act of terrorism means m violent act menact that is dangerous to human life, property or infrastructure that is committed byao individual m individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose cx common leadership shall bo considered tobe one incident. C� In the event of any incident ofo "certified act of terrorism" oran "other act of terrorism" that is not subject to this exclusion, coverage does not apply to any loss ur damage that is otherwise excluded under this Coverage Part. PP. to bodily injury, personal injury or any liability arising from the Designated Member's law enforcement activities. As used herein, and subject to all other terms and conditions required under this Coverage Agreement, law enforcement activities means those activities by Members, arising within the course and scope of lawful conduct authorized by the Designated Member's police department or other law enforcement agency. Q8� to any alleged violation of public records laws or public meetings laws contained in Chopter11Q.RohdoStetubeaorChapter28O.F|ohdaStaAuhes.eabothmeybeamendod from time totime. RR, to any claim for loss or damage to Property In the Open (PITO) as defined herein. The Trust will pay for bodily injury or property damage caused directly bycontact with herbicides m pesticides sprayed by the Member into the air. This coverage extension does not �b��u�mpmpm�dmn�eood��b�� Exclusion Gof�eCoe�go ' The limit cf liability under this - coverage is the amount —o[-liability described in the ��-. menUon of the Declaration Pogo or $1. 000,000 aggregate per fund d year, whichever is the lesser amount, subject kz any deductible/self retention described n the Declarations Page. OTHER INSURANCE The coverage afforded by this Coverage Agreement is primary, except �o ��d�a�y� ��a�m abn��c�� V��---�phms�a� covered coverage ' claim - or suit onan excess or contingent basis, the amount of the Trust's liability under this Coverage Agreement shall not be reduced by the existence of such other insurance, K any other insurance is valid and collectible against e covered dohn or suit and provides for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered RNIT[A107 Page 18of20 loss than would be payable if each party contributes an equal share until the share of each party equals the lowest applicable limit of liability under any one policy or coverage agreement or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining parties then continue to contribute equal shares of the remaining amount of the loss until each such party has paid its limit in full or the full amount of the loss is paid. If any such other insurance does not provide for contribution by equal shares, the Trust shall not be liable for a greater proportion of such covered loss than the applicable limit of liability under this Coverage Agreement for such loss bears to the total applicable limit of any other insurance which is I valid and collectible against such loss. FMIT CA 1017 Page 20 of 20 AUTOMOBILE LIABILITY This coverage issued by the Trust extends and modifies the provision of the Agreement relating to Automobile Liability as set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following particulars: The Coverage Agreement is amended to include the following additional coverage: In addition, the Trust will pay all sums which the Designated Member or any Member named in a lawsuit become(s) legally obligated to pay as damages because of: A. Bodily Injury, or B. Property Damage to which this coverage applies, caused by an occurrence and arising out of the ownership, maintenance or use, including loading and unloading, of a covered automobile, including newly acquired automobiles, which takes place during the period of this Agreement. A Member must be acting within course and scope of employment for the Designated Member at the time of the occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or Member. 11. The Member Definitions section S is amended to include the following additional persons for purposes of the coverage provided by this endorsement only: A. Any other person while using an owned automobile or a hired automobile with the permission of the designated Member, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, and he is acting as the lawful agent of the designated Member; but with respect to bodily injury or property damage arising out of the loading or unloading thereof, such other person shall be a Member only if he is: a lessee or borrower of the automobile, or 2, an employee of the designated Member or of such lessee or borrower: Any other person or organization but only with respect to his or its liability because of acts or omissions of a Member under the above. C' None of the following is a Member: the owner or lessee (of whom the designated Member is a sub-lessee) of a hired automobile or the owner of a non-owned automobile or any agent or employee of any such owner or lessee; 2. any person or organization, other than the designated Member, with respect to-, a) a motor vehicle while used with any trailer owned or hired by such person or organization, or FMITAL 1016 Page 1 of 4 b) a trailer while used with any motor vehicle owned or hired by such person or organization; 3. any person while employed in or otherwise engaged in duties in connection with an automobile business, other than an automobile business operated by the designated Member. Ili. The Definitions section is amended to include the following additional definitions: A. Automobile Business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles; B. Hired Automobile, means an automobile not owned by the designated Member which is used under contract on behalf of, or loaned to, the designated Member, Provided such automobile is not owned by or registered in the name of an employee or agent of the designated Member who is granted an operating allowance of any sort for the use of such automobile; C. Non-owned Automobile, means an automobile which is neither an owned automobile nor a hired automobile-, D. Occurrence, means an event or accident, including continuous or repeated exposure to conditions which result in bodily injury, property damage or personal injury and not arising from any form of intentional misconduct; E. Owned Automobile, means an automobile owned by the designated Member; F. Private Passenger Automobile, means a four wheel private passenger or station wagon type automobile; G. Trailer, includes a semi-trailer but does not include mobile equipment, H. Newly acquired Automobile, means an automobile to which you obtain legal title after inception of the Coverage Agreement. lv. The following additional conditions are included: K Excess Coverage - Hired and Non-Owned Automobiles. With respect to a hired automobile, or a non-owned automobile, this coverage shall be excess over any other valid and collectible insurance available to the designated Member. V. The Limits of Liability section is amended to include the following: The above provisions regarding the limits of the Trust's liability apply regardless of the number of: A. Owned automobiles; B. Automobiles involved in the occurrence, or, C. Automobiles to which this Agreement and all endorsements thereto apply. The limits of liability for Bodily Injury or Property Damage caused by an occurrence arising out of the maintenance or use, including loading and unloading of any automobile [eased by the designated Member for a period of one (1) year or longer which takes place during the period of this Agreement, shall be not less than $100,0001$300,000 bodily injury liability FMITAL 1016 Page 2 of 4 and $50,000 property damage liability, The Trust's limits of liability shall not be added or stacked by virtue of there being more than one automobile or Member to which this Agreement and all endorsements thereto might apply. V1. The Exclusions section is amended as follows: X Exclusion B, items 1. and 2., are deleted. This Coverage Agreement does not apply to any liability andlor physical damage arising in whole, or in part out of any act or omission of a Member committed while acting outside the course and scope of his employment, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property,, 2. any Member obtaining remuneration or financial gain to which the Member was not legally entitled,- 3. the willful violation of any federal, state or local law, ordinance or regulation committed by or with the knowledge or consent of any Member; or official misconduct by any Member; 5. "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants:" a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered 'Automobile"; (2) Otherwise in the course of transit by or on behalf of the "Member"; or (3) Being stored, disposed of, treated or processed in or upon the covered "Automobile"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "Member" for movement into or onto the covered "Automobile-, or C. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "Automobile" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "Automobile" or its parts, if: FMITAL 1016 Page 3 of 4 (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "Automobile" part designed by its manufacturer to hold, store, receive or dispose of such .pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraph T of the definition of "mobile equipment". Paragraphs b, and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an 'Member" with respect to "pollutants" not in or upon a covered "Automobile" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "Automobile"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. VII. Schedule of Covered Automobiles attached. FMITAL 1016 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ ;TCAREFULLY PERSONAL INJURY PROTECTION BENEFITS This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Liability Personal Injury Protection Benefits ua set forth below: It is agreed that as of the effective date hereof the Agreement is amended in the following The Trust will pay, personal injury protection benefits, in accordance with the Florida Motor Vehicle No-Fault Law, as amended, to or for the benefit of the injured persn as follows: A. 00%oYme�uaim�enyeu (as do�nedhan�n and mu�o��to�a-e'-tho K�ndiudExpanmeBane��Paymmd8cheduksinSocMonViof��'undorm��- - B. O0%o[wo�bue' endorsement); C replacement services expenoea�and U. a death benefit for accidental death-occurring ane result o[an accident arising out of the ownership, maintenance or use of a motor vehicle and 1. ek8embervN�eoncup�nQum�orvohideo� /hkm-a pedestrian ---' Mbmugh being struck byamoturvahicle;m u. any other person while occupying the covered motor vehicle or, while m pedestrian, through being struck by the covered motor vehicle. EXCLUSIONS This endorsement does not apply: A` to a Member while occupying a motor vehicle of which the Member is the owner and which is not e covered motor vehicle under this endorsement; D. to any person while operating the covered motor vehicle without the mxpmeo or implied consent of the Kdmmbec C. bm any pmnon.� such pem� 'onconduct contributed hm his bodily injury under any o[ the following circumstances: 1� causing bodily injury hm himself intentionally; 2. while committing afelony; D. ho any pedestrian, other than the Member who io not a legal resident cdthe State of Florida; E. to any pemon, other than the Member, U such person is the owner of motor vehicle with respect towhich security is required under the Florida Motor Vehicle No-Fault Law, ooamended; F� to any person, other than the Member who is entitled to personal injury protection benofitxfrom the insurer of the owner «x owners ofa motor vehicle which io not a covered motor vehicle under this endorsement; B, to any person who sustains bodily injury while occupying a motor vehicle located for use aaa residence cvpremises. Ui LIMIT OFLIABILITY; APPLICATION OF DEDUCTIBLE; OTHER INSURANCE Regardless ofthe number of persons covered, policies or bonds applicable, �xukmd or claims made the total aggregate limit of personal injury -� '�---- bano@a mvadub� undorthm Ror�o /W�orVohb� Nu'Fau�Law, protection as emenuag, from all mnumoo combined including this Agreement, for all medical empenues, work loss and replacement nomioem byoron behalf o[ any one person who sustains bodily injury au the result of any RNIT PIP 1014 Page 1of8 one accident shall not exceed $1U,0O0,QOper individual, subject to limitations oaprovided under the Florida Motor Vehicle No-Fault Law. Payment of a death benefit for accidental as provided herein shall be in addition to the foregoing and shall not $5.O08.00 per individual. ---- Any amount payable under this endorsement shall be reduced by the amount of benefits an ^r~injured person has recovered mis entitled mrecover for the same elements of loss under the workers' compensation laws of any state or the federal-Medicaid program. if benefits have been received under the Florida Motor Vehicle No-Fau La�amamendud hnmany �auna �v�nsame �emncf�na and expenses �rwh�hbenefits ---`are ----- available under this agreement, the Trust shall not bo liable ho make duplicate payments to or for benefit of the injured person, but the insurer paying such benefits shall be entitled recover from the Trust its equitable pro rata share of the bano5bm paid and expenses incurred in processing the claim. The amount of any deductible stated in the schedule of this amendment shall bodeducte ��mb��o�� sums ��p��e��w�n��s�- expenses incurred bynrun behalf uf each person to whom the deductible applies and who xuatm/nn bodily injury as the result of any one aocident, and if the total amount of such |onm and expense exceeds such deductible, the total limit of benefits the Trust is obligated to pay shall then be the difference between such deductible amount and the applicable limit of the Trust's /AabUUY. Such deductible amount shall not be applied to any death benefit the Trust is obligated topay. Ifanentry in the schedule or declaration aoindicates any amount payable under this Trust to the Member shall be reduced by any benefits payable by the Federal Government to active or retired military personnel and their dependent relatives. IV. DEFINITIONS When used in reference to this Section: "bodily injury" means bodily injury, sickness, or disease, including death at any time resulting there from; "medical expense" means reasonable expenses for medically_necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing and rehabilitative services for prosthetic devices and for necessary remedial treatment and any other services recognized and permitted under Florida Motor Vehicle No-Fault Law, and subject to the Conditions at Section VLF. below. "Motor vehicle" ."="==y self-propelled vehicle with four m' more wheels which isatype both designed and required b/bo licensed for use on the highways ofFlorida and any trailer nr semi-trailer designed for use with such vehicle. A motor vehicle does not include: X u mobile home; or B. any motor vehicle which is used in mass transit, other than public nohmd hanmpmtmUoo, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit or public school transportation authority, ora political subdivision of the state; C. except for the purposes of FS 627733. any motor vehicle of any type used as a taxoabcxUmouuina occupying" means in or upon m entering into or alighting from; RN[r PIP 1O14 Page 2 of 8 11 covered motor vehicle" means a motor vehicle: A. of which the Member is the owner, and B. with respect mwhich security i required to be maintained under the Florida Motor Vehicle No-Fault Law, and � C. for which o premium is oho»ged, or which is o trai|or, other than a mobile home designed for use with e motor vehicle. ' pedestrian" means a person while not an occupant of any self-propelled vehicle; " owner" means a person or organization who holds the legal title bua motor vehicle and also includes: ' A. a debtor having the right to possession, bn the event a motor vehicle is the subject ofu security agreement, and, B a lessee having the right to possession, in the event a motor vehicle is the subject ofo lease with option ha purchase and such lease agreement is for a period ofsix months m more, and, C� a lessee having the right to possession, in the event a motor vehicle is the subject ofa lease without option !n purchase, and such lease agreement is for o period of six months or mme, and the lease agreement provides that the lessee ohn8 be responsible for securing insurance; �urk loss" means with respect b the period of disability of the injured person, any loss of income and earning capacity from inability to work proximately caused by the injury sustained by the injured person; 11 replacement services expenses" means with respect to the period ofd�bby�the injured person �e�o�u ��n�b incurred ��--' ' ~. =� �"v on�mmQ omnm ordinary and necessary services in lieu of those that, but for such injury, the injured person would have performed without income for the benefit ny his household. V. COVERAGE PERIOD; TERRITORY This coverage under this Section applies only to accidents which occur during the period of this Agreement. A. in the State of Florida; B. as respects the Member, while occupying the covered motor vehicle outside the State of Florida but within the United States of America, its territories or possessions or Canada; VI. CONDITIONS A. Notice. In the event ofan accident, written notice of the loss must bo given tothe Trust or any of its authorized agents ax soon am practicable. If any injured person ur his legal representatives shall institute legal action tu recover damages for bodily injury against a third party, a copy of the summons and complaint or other process served in connection with such |mgo| muhun shall be forwarded as soon as practicable to the Trust by such injured person cx his legal representative, B. Action Against the Trust. No action shall Ua against the Trust uokess, as a condition precedent Mheneto, there shall have been full compliance with all terms o[ this endorsement, not until 30 days after the required notice of accident and reasonable proof nf claim has been filed with the Trust. C. proof of Claim; Medical Reports and Examinations; Payments of Claim Withheld. As soon as practicable the person making the dohn shall give tothe Trust written proof of ulakn, under oath if requivod, which may include full RNR PIP 104 Page 3 of 8 particulars of the nature and extent of the injuries and treatment received and contemplated, and such other information ua may assist the Trust in determining the amount due and payable, hn addition, the person making the claim shall submit to an examination under oath if requested by the Trust. Such person nhoU submit to mental or physical examinations at the Trust's expense when and as often as the Trust may reasonably require. A copy of the medical report shall Leforwarded to such person if requested. If the person unreasonably refuses to submit to m mental or physical examination or an examination under oath, the Trust will not be Nada for subsequent personal injury protection benefits. Whenever a person — making a claim is charged with committing u felony, the Trust shall withhold benefits until et the trial level the prosecution makes m formal entry on the that �wiU not p�men�e�ecase against the pemon.the charge �dinmioae record or the person is acquitted. D, Reimbursement and Subrogation, unless prohibited by the Florida Motor Vehid N*��L�.��e��.�d��e��me��|� the b�o@��- k�uredpemonunder th�ondmmemmnt; ` 1 the Trust shall bo reimbursed Vm the extent cf such payment, exclusive of neeeoneb|a attorneys hsen and other reasonable expenmea, out of the proceeds of any settlement or judgment that may result from the exercise o[ any rights o[ recovery o[ such person against any person ororganization legally responsible for the bodily injury because o[ which such payment io made and the Trust shall have m lien un such proceeds to such extent; 2. the Trust is subrogated to the hgNa of the person to whom or for whose benefit such payments were made ho the extent o[ such payments. Such person whe|i execute and deliver the instruments and papers and do whatever sdoo is necessary to oenuna such rights. Such person obd| do nothing after loss to prejudice such rights. 1 the Trust providing personal injury protection benefits on e private passenger motor vehicle, ou defined hn the Florida Motor Vehicle No-Fault Law, uhmj| be entitled to reimbursement tothe extent of the payment of personal injury protection benefits from the owner or insurer of the owner ofm commercial motor vehicle, mo defined in the Florida Motor Vehicle No- Fault Law. if such injured person sustained the injury while oouupying, or while o pedestrian through being struck by, such commercial motor vehicle. Special Provision for Rented Leased Vehicles. provision of this coverage to the contrary, if a person is injured while occupying, or through being struck by, a motor vehicle rented or leased under a rental or lease agreement which does not specify otherwise in bold type on the face of such agreement, the personal injury protection coverage afforded under the lessor's policy shall be primary. F. Medical Expense Benefit Payment Schedule. The RWIT hereby gives notice that its payment of personal injury protection medical expense benefits may bm limited bo the Medicare fee payment schedule permitted by the Florida Motor Vehicle No-Fault Law. The applicable Medicare fee payment schedule or payment |imbohnn under Medicare im the fee schedule or payment limitation in effect on March 1of the year in which the services, oupp|ima, or care is rendered and for the area in which such mervnna, ampp|ioe, or nem is rendered, and the applicable fee schedule or payment |knhabnm applies throughout the remainder nf that year, notwithstanding any subsequent change made 8o the fee schedule nr payment limitation, except that it may not be less than FMIT PIP 1CM4 ` Page 4 of 8 the allowable amount under the applicable schedule of Medicare Part Bfor 2007 for medical services, supplies, and care subject to Medicare Part B. 2. The WIT shall pay for reasonable, related and necessary medical service and supply expenses duo to a motor vehicle accident if the Member receiving such treatment or his nr her guardian has countersigned the properly completed invoice, bU|, or claim hznn upon which such charges are tobe paid for, sm having actually been rendered, bz the best knowledge of the Member or his or her guardian. Hmwnmn, such o charge may not exceed the amount the medical service or supply provider customarily charges for like services m supplies. |n determining whether o charge for a particular uen/oe, baahnent, or otherwise is mowonab/o. WIT may consider evidence of usual and uuobnnory charges and payments accepted by the provider involved in the dispute, reimbursement levels in the community where services were rendered and various federal and state medical fee schedules applicable to motor vehicle and other insurance noveragea, and other information relevant to the reasonableness o[ the reimbursement for the service, treatment, orsupply. 3. Only ifon insured receives initial services and care within 14 days after the motor vehicle accident, the F/N[T will pay 80% of reasonable medical expenses for: o. Medical, surgical, X'nay dental, ambulance, hospital, professional nursing and rehabilitative services; and b. Prosthetic However, medical expenses do not include - or acupuncture regardless of the person, entity, or licensee providing the massage or Medical expenses shall only be reimbursed for: e. Initial services and care that are: (1) Lawfully provided, supervised, ordered, or prescribed byo licensed physician, dentist, or chiropractic physician; (2) Provided ina hospital orinafacility that owns, nriswholly owned bya hospital; u, (3) Provided by o person or entity licensed to provide emergency transportation and treatment; oa authorized by the Florida Motor Vehicle No-Fault Law. b� Follow-up services and care referred bya licensed health mare pmvidodeschbed| and (3)consistent with the underlying medical diagnosis rendered pursuant huParagraph P.1, if pnovidnd, eupon/ood, ordered or prescribed only by a (1) Phymkjao, osteopathic phynkcion, chiropractic physician, or dentist; or RNIT PIP 1014 Page 5 of 8 (2) Physician assistant or advanced registered nurse practitioner, under the supervision of such physician, osteopathic physician, chiropractic physician, ordentist; oe authorized under the Florida Motor Vehicle No-Fault Law. Follow-up services and care may also bo provided by: CB A licensed hospital or ambulatory surgical center; (4) An entity wholly owned by one or more licensed physicians, osteopathic physicians, chiropractic physician, or dentists; or by such pnoobUonmn and the spouse, parent, child, cx sibling oy such practitioners; (5) An entity that owns or is wholly owned, directly or indirectly, bya hospital orhospitals; (S) A licensed physical therapist, based upon a referral bya provider described in Paragraph F.3.;or (7) A health care clinic licensed under the Florida Health Care Clinic Act: (a) Which is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the American Osteopathic AmaudaUon` the Commission on Accreditation of Rehabilitation Fad||hen, or the Accreditation Association for Ambulatory Health Care, Inc.; or (b) Which- (i) Has a licensed medical director; (ii) Has been continuously licensed for more than 3 years or is e publicly traded corporation that issues securities traded on an exchange mSiotwmd with the United States Soou/diae and Exchange Commission on a national mnnuhUon exchunge;and (iii) Provided at least four of the following medical specialties: /. General medicine, Q. Radiography; iii. Orthopedic medicine; m Physical medicine; V. Physical therapy; FMIT PIP 1014 Page 6 of 8 vi. Physical rehabilitation; vii. Prescribing or dispensing outpatient prescription medication; or VOL Laboratory services; as authorized under the Florida Motor Vehicle No-Fault Law. The FMIT may limit its payment or reimbursement of medical expenses to 80 percent of the following schedule of maximum charges: a. For emergency transport and treatment by providers licensed under chapter 401, 200 percent of Medicare. b. For emergency services and care provided by a hospital licensed under chapter 395, 75 percent of the hospital's usual and customary charges, C. For emergency services and care as defined by s. 395,002 provided in a facility licensed under chapter 395 rendered by a physician or dentist, and related hospital inpatient services rendered by a physician or dentist, the usual and customary charges in the community. d. For hospital inpatient services, other than emergency services and care, 200 percent of the Medicare Part A prospective payment applicable to the specific hospital providing the inpatient services. e. For hospital outpatient services, other than emergency services and care, 200 percent of the Medicare Part A Ambulatory Payment Classification for the specific hospital providing the outpatient services. f. For all other medical services, supplies, and care, 200 percent of the allowable amount under: (1) The participating physicians fee schedule of Medicare Part B, except as provided in sub-sub-subparagraphs (11) and (111). (11) Medicare Part B, in the case of services, supplies, and care provided by ambulatory surgical centers and clinical laboratories. (111) The Durable Medical Equipment Prosthetics/Orthotics and Supplies fee schedule of Medicare Part B, in the case of durable medical equipment. However, if such services, supplies, or care is not reimbursable under Medicare Part B, as provided above, FMIT may limit reimbursement to 80 percent of the maximum reimbursable allowance under workers' compensation, as determined under s. 440.13 and rules adopted FMIT PIP 1014 Page 7 of 8 thereunder which are hx effect md the time such services, supplies, orcare is provided. Semicen, supplies, or care that is not reimbursable under Medicare or workers' compensation is not required hobe reimbursed b> FM[F. FMIT PIP 1014 Page 8 of 8 AUTOMOBILE PHYSICAL DAMAGE COVERAGE FORM Various provisions in this Agreement restrict coverage. Read the entire Agreement carefully to determine rights, duties and what is and is not covered. Throughout the Agreement the words "you" and 'your" refer to the Member shown in the Declarations. The words "we," "us" and "our" refer to the Trust providing this insurance. A. COVERAGE The Trust will pay for direct physical loss or damage to a covered automobile as described in the Declarations caused by or resulting from any covered cause of loss, Covered Property Covered property, as used in this coverage part, means any "Automobile" described in the schedule which you own, hire, borrow, or lease (refer to schedule), Z Newly Acquired Automobile Newly acquired automobile means an Automobile in which you acquire an ownership or insurable interest after inception of the Coverage Agreement. As a condition of this coverage's application to any newly acquired Automobile, additional premium will be due and calculated on a pro-rata basis from the date you acquire the new Automobile. The additional premium will be due immediately if the total insured value applicable to the newly acquired Automobile is $100,000 or more; or, the additional premium will be due October I of the following year if the total insured value applicable to the newly acquired Automobile is less than $100,000. 3. Covered Causes of Loss a. Comprehensive Coverage From any cause except the covered automobile's collision with another object or its overturn. b. Collision Coverage Caused by the covered automobile's collision with another object or its overturn. C. Specified Causes of Loss Coverage- Caused by: 1. Fire, lightning or explosion; 2. Theft,- 1 The sinking, burning, collision, or derailment of any conveyance transporting the covered "Automobile"; or 4. Mischief or vandalism. B. EXCLUSIONS The Trust will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. FMITAPD 1016 Page 1 of 4 a. Wear and tear, freezing, mechanical or electrical breakdown unless caused by other loss covered by this endorsement. b. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this endorsement. C. Loss to tape decks or other sound reproducing equipment not permanently installed in a covered Automobile. d. Loss to tapes, records or other sound reproducing devices designed for use with sound reproducing equipment. e. Loss to any sound receiving or transmitting equipment designed for use as a two- way mobile radio or telephone or scanning monitor or radar transmitting or receiving device, including its antennas and other accessories, unless permanently installed in the automobile or scheduled elsewhere under the Agreement; and if scheduled, coverage is only to the extent expressed in the schedule and subject to all terms and conditions of the corresponding coverage form. f. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment, unless permanently installed in the automobile or scheduled elsewhere under the Agreement; and if scheduled, coverage is only to the extent expressed in the schedule and subject to all terms and conditions of the corresponding coverage form. 9- Any other mobile equipment, device or other apparatus not permanently affixed to the covered automobile, unless scheduled elsewhere under the Agreement; and if scheduled, coverage is only to the extent expressed in the schedule and subject to all terms and conditions of the corresponding coverage form. C. DEDUCTIBLE The Trust will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the deductible shown in the schedule or in the Declarations. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance. D. LOSS CONDITIONS The following conditions apply in addition to the common Agreement conditions. Duties in the event of loss or damage a. Promptly notify the Trust or the Service Agent of any accident or loss and report how, when and where the accident or loss happened. Do what is reasonably necessary after a loss to protect the covered automobile from further loss. C. Submit a proof of loss when required by the Trust, 2. Inspection and Appraisal a. Permit the Trust to inspect and appraise the damaged property BEFORE its repair or disposition. If there is a failure to agree as to the amount of loss, either party may further demand an appraisal of the loss. In such event, both parties may FMITAPD 1016 Page 2 of 4 agree on one competent appraiser to make the final decision or each party may select his own appraiser and bear his own cost of appraisal, and a competent and disinterested umpire will be selected to make the final decision. 3. Loss Payment a. At the Trust's option, it may: Pay for, repair, or replace damaged or stolen property; or 2. For theft, return the stolen property, at its expense. The Trust will pay for any damage that results to the automobile from the theft. b. The Trust will pay the lesser of the following amounts: The actual cash value of the damaged or stolen property at the time of loss. Z The cost of repairing or replacing the damaged or stolen property with other of like kind or quality. C, For each covered automobile, the Trust's obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Automobile schedule. 4. Otherinsurance For any covered automobile owned or leased, this Agreement is primary. b. When this Agreement and other policies covered on the same basis, either excess or primary, the Trust will pay only its share. Its share is the proportion that the limit of this Agreement bears to the total of the limits of this Agreement and all the policies covering on the same basis, 5. Right to Recover a. If the Trust makes any payment, it shall be subrogated and have the light to enforce its subrogation rights against any other party who caused the loss or damage. The Member, its agents and employees are required to cooperate with the Trust in the enforcement of its rights of collection against the party or parties causing the loss and shall do nothing to jeopardize the rights of the Trust without the Trust's prior consent and authorization, E. COVERAGE EXTENSIONS Limited Replacement Cost: We will reimburse the Designed Member for an owned and scheduled private passenger vehicle, pickup truck or sport utility vehicle that is involved in a covered total loss if the vehicle has less than 18,000 miles and is within the first 12 months of being scheduled at the time of the total loss. 2. Member's Personal Effects: In the event of a covered loss, we will pay a maximum of $1,000.00 for Members personal effects while in a scheduled private passenger vehicle, pickup truck or sport utility vehicle owned by the Designated Member. The covered vehicle must show evidence of forced entry when the occurrence is caused by theft and must be reported to a law enforcement agency. FMITAPD 1016 Page 3 of 4 3, Auto Lease Coverage: In the event of a covered total loss to a covered Automobile shown in the schedule, we will pay any unpaid amount on the lease of your covered Automobile less: the amount paid under Part D of the agreement; and 2) any: a, overdue lease payments at the time of the loss: b. financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; C. security deposits not refunded by a lessor; d. costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the lease; and e. carry-over balances from previous leases. The most we will pay for any one occurrence is up to $5,000.00. The most we will pay in any Trust year is up to $10,000,00. 4. Towing: We will pay a maximum of $100.00 per occurrence for towing and labor cost incurred each time a scheduled Automobile is disabled. However, the labor must be performed at the place of disablement. 5, Hired Automobile Physical Damage: For Members who purchase Automobile Physical Damage, a limit of $50,000.00 per rental private passenger vehicle is included subject to the greater of a $2,500.00 deductible or the highest deductible described on the Automobile Schedule. The most we will pay in any Trust Year is $ 1 00,00U0. & Accidental Inflation of Airbags: The most we will pay for any one occurrence is $1,500.00 for any and all damages or repair. F. DEFINITIONS Automobile business, means the business or occupation of selling, repairing, servicing, storing, or parking automobiles. Hired Automobile, means an automobile not owned by the Designated Member which is used under contract on behalf of, or loaned to, the Designated Member, provided such automobile is not owned by or registered in the name of an employee or agent of the Designated Member who is granted an operating allowance of any sort for the use of any such automobile. Owned Automobile, means an automobile owned by the Designated Member. Private Passenger Automobile, means a four-wheel private passenger or station wagon type automobile. Trailer, includes a semi-trailer but does not include mobile equipment, unless scheduled. Loss, means direct and accidental damage or loss. FMITAPD 1016 Page 4 of 4 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY RENTAL REIMBURSEMENT COVERAGE This endorsement issued by the Trust extends and modifies the provisions of the Agreement relating to Automobile Physical Damage as set forth below. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. This endorsement provides only those coverages where a premium is shown in the Automobile Physical Damage portion of the Schedule. It applies only to a covered "auto" described and designated in the Schedule. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto ". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the 'loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: f . Thirty (30) days. or 2. The number of days reasonably required to repair or replace the covered "auto ". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. D. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred that relate directly to the `loss" of the covered auto. 2. The maximum payment stated applicable to "any one day" or "any one period" for each occurrence. E. This coverage does not apply while there are spare or reserve "autos" available to you for use in your operations. Maximum Amount Payable: $50.00 per day per covered automobile per occurrence, or five thousand dollars ($5,000.00) in the aggregate for the Fund year in which the loss(es) occur. FMITARR 1009 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY SPECIFIC EXCESS ENDORSEMENT - AUTOMOBILE LIABILITY This endorsement, when issued by the Florida Municipal Insurance Trust, does not in any way modify the provisions of the Coverage Agreement. It does extend the monetary limits of liability, as stated in the Limits of Liability in the Declarations, as set forth below.- It is agreed that the specific limits of liability are $— 2,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law, or to any liability resulting from actions taken outside of the State of Florida where it is determined by a court of competent jurisdiction that the liability limitations contained in Section 768.28(5), Florida Statutes, are inapplicable, if such liability is covered by the Agreement. The limits provided herein are inclusive of the $200,000 each person and $300,000 each occurrence liability limitations contained in Section 768.28 (5), Florida Statutes, but in no way exceed $ (combined single limit) per occurrence. Exclusion Y is amended as follows: To any damages imposed by an act of the legislature, except for claims bills passed by the legislature pursuant to Section 768.28(5), Florida Statutes, against a Member, for damages covered under the terms of this Agreement. EMIT SEAL 1012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ CAREFULLY. EMPLOYER-PROVIDED VEHICLES — AUTOMOBILE LIABILITY It is agreed that as of the effective date of this Endorsement, the Agreement is amended in the following particulars: Automobile Liability Coverage shall include the following additional coverage as respects scheduled vehicles assigned to employees of Designated Members provided the Designated Member has implemented a policy governing use of its vehicles by its employees, any such vehicle has been specifically identified at least by vehicle identification number and the identity of the employee to whom the vehicle has been assigned is recorded. Coverage is provided for Bodily Injury, Property Damage, Personal Injury Protection, if applicable, and Uninsured Motorists (where applicable). The limit of liability for this coverage is same as described on the Automobile Liability and Physical Damage Declarations Page. The Personal Injury Protection, if applicable, and Uninsured Motorists limit, where applicable, is the Personal Injury Protection limits and Uninsured Motorists limits, respectively, shown on the Automobile Liability and Physical Damage Declaration Page, For purposes of this Endorsement, the Agreement is further amended as follows: Section I regarding the Coverage section of the Agreement, which provides: A Member must be acting within the scope of vehicular use authorized by the Designated Member at the time of the occurrence which gives rise to any claim or lawsuit brought against the Designated Member and/or Member. Section VI regarding the Exclusion section of the Agreement which provides: B. This Coverage Agreement does not apply to any liability arising in whole, or in part out of: 1. any actor omission of a Member committed while acting outside the scope of use authorized by the Designated Member, or committed in bad faith with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. FMITAE 1008 Page 1 of 1