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Airport Owners and Operators Liabability Policy - 2021/22OLD REPUBLIC INSURANCE COMPANY �& --' ------ -' ------------------------------------------------------------ AIRPORT OWNERS AND OPERATORS LIABILITY POLICY Policyholder Issuing and Servicing Office: Old Republic Aerospace, Inc. 1990 Vaughn Road, Suite 350 Kennesaw, Georgia 30144 770-590-4950 s € D R#TT� Sf EC" INNS A'W� . �,# OX.... ' ..... ....... .... J1001 (11-17) Page 1 of 2 INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED ON THE COVERAGE DATA PAGE IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative . OLD REPUBLIC INSURANCE COMPANY 133 Oakland Avenue Greensburg, Pennsylvania 15601 A Stock Company Secretary President J1001 (11-17) Page 2 of 2 AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY DECLARATIONS POLICY NUMBER: PR 00275302 Insurer: OLD REPUBLIC INSURANCE COMPANY NAMED INSURED: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Location of the airport(s) you own or operate: KALISPELL CITY AIRPORT KALISPELL, MT The Named Insured is: PUBLIC CORPORATION Policy Period: FROM FEBRUARY 11, 2021 TO FEBRUARY 11, 2022 at 12:01 A.M. Standard Time at the address of NAMED INSURED as shown above. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Limits of Insurance: Products -Completed Operations Aggregate Limit .................. $ 5,000,000 Personal Injury and Advertising Injury Aggregate Limit ......... $ 5,000,000 Malpractice Aggregate Limit .................................... $ 5,000,000 Each Occurrence Limit .......................................... $ 5,000,000 Fire Damage Limit Any One Fire ................................. $ 100,000 Medical Expense Limit Any One Person ........................... $ 5,000 Hangarkeepers Limit Any One Aircraft ........................... $ 5,000,000 Hangarkeepers Limit Any One Occurrence ......................... $ 5,000,000 Deductibles: Each Occurrence or Offense Deductible .......................... $ N/A Aggregate Deductible ........................................... $ N/A Premium: Advance Premium ................................................ $ 4,850 Endorsement Premium ............................................ $ INCLUDED Terrorism (TRIA) Premium ........................................ $ 485 Total Advance Premium .......................................... $ 5,335 PR-201 (05/15) OLD REPUBLIC INSURANCE COMPANY DECLARATIONS POLICY NUMBER PR 00275302 PAGE 2 Endorsements forming a part of this policy as stated in the Declarations J1001(11/17), PR202(11/01), cepam(01/07), CTXGA(01/08), PA313(02/05), PRMTA(02/97), PRMTC(02/97), PR204(01/00), PR213(06/95), PR220(06/95), PR223(08/95), PR237(10/96), PR242(12/96), PR248(06/97), PR258(06/98), PR267(06/00), 2000a(03/01). PRODUCER: ASSUREDPARTNERS AEROSPACE, LLC 25548 GENESEE TRAIL ROAD GOLDEN CO 80401 PR-201 (05/15) OLD REPUBLIC INSURANCE COMPANY NUCLEAR RISKS EXCLUSION CLAUSE THIS AMENDMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. It is understood and agreed that the Radioactive Contamination exclusion under part C. of the Common Coverage Exclusions (Section I) is deleted and replaced with the following: (1) This Policy does not cover: (i) loss of or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss (ii) any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: (a) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; (b) the radioactive properties of, or a combination of radioactive properties with toxic, explosive or other hazardous properties of, any other radioactive material in the course of carriage as cargo, including storage or handling incidental thereto; (c) ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardous properties of, any other radioactive source whatsoever. (2) It is understood and agreed that such radioactive material or other radioactive source in paragraph (1) (b) and (c) above shall not include: (i) depleted uranium and natural uranium in any form; (ii) radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, educational or industrial purpose. (3) This Policy, however, does not cover loss of or destruction of or damage to any property or any consequential loss or any legal liability of whatsoever nature with respect to which: (i) the Insured under this Policy is also an insured or an additional insured under any other insurance policy, including any nuclear energy liability policy; or any person or organization is required to maintain financial protection pursuant to legislation in any country; or PR237 (10/96) OLD REPUBLIC INSURANCE COMPANY NUCLEAR RISKS EXCLUSION CLAUSE (iii) the Insured under this Policy is, or had this Policy not been issued would be, entitled to indemnification from any government or agency thereof. (4) Loss, destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by reason of paragraph (2) shall (subject to all other terms, conditions, limitations, warranties and exclusions of this Policy) be covered, provided that: (i) in the case of any claim in respect of radioactive material in the course of carriage as cargo, including storage or handling incidental thereto, such carriage shall in all respects have complied with the full International Civil Aviation Organization "Technical Instructions for the Safe Transport of Dangerous Goods by Air", unless the carriage shall have been subject to any more restrictive legislation, when it shall in all respects have complied with such legislation; (ii) this Policy shall only apply to an incident happening during the period of this Policy and where any claim by the Insured against the Insurers or by any claimant against the Insured arising out of such incident shall have been made within three years after the date thereof; (iii) in the case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft caused by or contributed to by radioactive contamination, the level of such contamination shall have exceeded the maximum permissable level set out in the following scale: Emitter Maximum permissible level of non -fixed radioactive surface contamination (IAEA Health and Safety (Averaged over 300cm2) Regulations) Beta, gamma and low toxicity Not exceeding 4 Bequerels/cm2 alpha emitters (10-4 microcuries/cm2) All other emitters Not exceeding 0.4 Bequerels/cm2 (10-5 microcuries/cm2) PR237 (10/96) OLD REPUBLIC INSURANCE COMPANY NUCLEAR RISKS EXCLUSION CLAUSE (iv) the cover afforded hereby may be cancelled at any time by the Insurers giving seven days' notice of cancellation. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR237 (10/96) OLD REPUBLIC INSURANCE COMPANY ASBESTOS EXCLUSION ENDORSEMENT This policy shall not apply to: 1. "bodily injury", sickness, disease, occupational disease, disability, shock, death, mental anguish, mental injury, "property damage" or any other claim whatsoever arising out of or related to asbestos or the exposure to asbestos, asbestos fibers, asbestos dust, or any product or material containing asbestos or the failure of any product or material containing asbestos or the existence of asbestos in any place or thing in the atmosphere, land, or any water course or body of water; 2. any loss, cost or expense arising out of testing for, monitoring, cleaning up, containing, treating, or removing asbestos or any product or material containing asbestos; 3. any obligation to defend or indemnify due in whole or in part to any claim or suit against any "insured" alleging damages arising from or related to asbestos excluded by paragraphs 1 or 2 above. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PA313 (02/05) OLD REPUBLIC INSURANCE COMPANY IMMUNITY WAIVER ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. We will not defend any "suit" seeking damages under Coverages A, B, D, or E on the basis that the insured is not liable due to the performance of governmental functions, unless we are required to by statute or are requested by you. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR220 (06/95) OLD REPUBLIC INSURANCE COMPANY MONTANA AMENDATORY PROVISIONS The following provision is added to this policy: Conformity with Montana Statutes A. The provisions of this policy conform to the minimum requirements of Montana law and control over any conflicting statutes of any state in which you reside on or after the effective date of this policy. B. Any provision of this policy (including endorsements which modify the policy) that does not conform to the minimum requirements of a Montana statute is amended to conform with such statute. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PRMTA (02/97) OLD REPUBLIC INSURANCE COMPANY MONTANA CHANGES - CANCELLATION AND NONRENEWAL The following condition is added to Section V - conditions. 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. a. MIDTERM CANCELLATION We may cancel this policy based on the provisions below, by mailing or delivering written notice to the first Named Insured at least 10 days before the effective date of cancellation: (i) If this policy has been in effect for less than 60 days, except as provided for in 2.a.(iii) below, we may cancel for any reason. (ii) If this policy has been in effect for 60 days or more, we may cancel this policy prior to the expiration of the agreed term or prior to one year from the effective date of the policy or renewal, whichever is less, only for one or more of the fol- lowing reasons: a. Failure to pay premium when due; b. Material misrepresentation; C. Substantial change in the risk assumed, except to the extent that we should have reasonably foreseen the change or contemplated the risk in writing the contract; d. Substantial breaches of contractual duties, conditions or warranties; e. Determination by the Commissioner of Insurance that con- tinuation of the policy would place us in violation of the Montana Insurance Code; f. Financial impairment of us; or g. Such other reasons that are approved by the Commissioner of Insurance. (iii) If this policy has been issued for a term of more than one year, and if either the premium is prepaid or an agreed term is guaran- teed for additional premium consideration, we may only cancel this policy for one or more of the reasons stated in 2 a.(ii) above. b. ANNIVERSARY CANCELLATION We may cancel any policy with a term of more than one year by mailing or delivering to the first Named Insured written notice of cancel - Page 1 of 2 PRMTC (02/97) OLD REPUBLIC INSURANCE COMPANY MONTANA CHANGES - CANCELLATION AND NONRENEWAL -lation at least 30 days before the anniversary date of the policy. Such cancellation will be effective on the anniversary date. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made any refund due to the premium finance company on a pro rata basis. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 7. NONRENEWAL a. If we elect not to renew this policy, we will mail or deliver to the first Named Insured shown in the Declarations and agent, if any, a notice of intention not to renew at least 30 days before the agreed expiration date. b. We need not mail or deliver this notice if: (i) You have purchased insurance elsewhere; (ii) You have accepted replacement coverage; (iii) You have requested or agreed to nonrenewal; or (iv) This policy is expressly designated as nonrenewal. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PRMTC (02/97) OLD REPUBLIC INSURANCE COMPANY DATE RECOGNITION EXCLUSION ENDORSEMENT This policy does not cover any claim, liability (whether in contract, tort, misrepresentation, fraud or otherwise) or occasioned by or in consequence of whether wholly or partly): damage, injury, loss, cost, expense or negligence, product liability, of any nature whatsoever arising from (whether directly or indirectly and (a) the failure or inability of any computer hardware, software, integrated circuit, chip or information technology equipment or system (whether in the possession of the Insured or of any third party)to accurately or completely process, exchange or transfer year, date or time data or information in connection with any change of year, date or time; whether on or before or after such change of year, date or time; (b) any implemented or attempted change or modification of any computer hardware, software, integrated circuit, chip or information technology equipment or system (whether in the possession of the Insured or of any third party) in anticipation of or in response to any such change of year, date or time, or any advice given or services performed in connection with any such change or modification; (c) any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act, failure to act or decision of the Insured or of any third party related to any such change of year, date or time; and any provision in this Policy concerning any duty of Insurers to investigate or defend claims shall not apply to any claims so excluded. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 2000a (03/01) OLD REPUBLIC INSURANCE COMPANY EXCLUSION OF CERTIFIED ACTS OF TERRORISM THIS AMENDMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. In consideration of the premium charged, it is agreed that this policy is amended as follows: This insurance does not apply to: CERTIFIED ACTS OF TERRORISM Any loss, damage, "bodily injury" or "property damage" that in any way, directly or indirectly, arises out of, relates to or results from a "CERTIFIED ACT OF TERRORISM" including action in hindering or defending against an actual or expected incident of a "CERTIFIED ACT OF TERRORISM". B. The following definitions are added: 1. For the purposes of this amendment, "any injury or damage" means any injury or damage covered under any Coverage Part to which this amendment is applicable, and includes but is not limited to "bodily injury", "property damage", personal and advertising injury, "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "CERTIFIED ACT OF TERRORISM" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the Terrorism Risk Insurance Act of 2002 and as amended with the Terrorism Risk Insurance Program Reauthorization Extension Act of 2007, The Federal Terrorism Risk Insurance Act of 2002, as amended, sets forth the following criteria for a "certified act of terrorism": a) The act resulted in aggregate losses in excess of $5 million; and b) The act is to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals acting as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. c) Any certification of, or determination not to certify, an act of terrorism under this paragraph shall be final, and shall not be subject to judicial review. PAGE 1 OF 2 CTXGA (01/08) OLD REPUBLIC INSURANCE COMPANY EXCLUSION OF CERTIFIED ACTS OF TERRORISM d) The Secretary may not delegate or designate to any other officer, employee, or person, any determination under this paragraph of whether, during the effective period of the Program, an act of terrorism has occurred. C. We will not pay for "any injury or damage" caused directly or indirectly out of an act of terrorism including action in hindering, defending against, or responding to an actual or expected incident of "terrorism" when one or more of the following are attributed to an incident of TERRORISM including a CERTIFIED ACT OF TERRORISM: 1. The TERRORISM involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 2. The TERRORISM is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or 3. Radioactive material is released, and it appears that one purpose of the TERRORISM was to release such material; or 4. The TERRORISM is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the TERRORISM was to release such materials. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PAGE 2 OF 2 CTXGA (01/08) OLD REPUBLIC INSURANCE COMPANY AMENDMENT OF NOISE AND POLLUTON AND OTHER PERILS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. Paragraph 1.(b) of Exclusion A of Common Coverage Exclusions (Section II) does not apply to pollution or contamination of "your product". Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR204 (01/00) OLD REPUBLIC INSURANCE COMPANY PERSONAL INJURY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. In consideration of the premium at which this policy is written, it is understood and agreed that: 1. the definition of "Personal Injury" is amended by the deletion of offense f. (Unintentional Discrimination) and this policy, as a result, provides no coverage for discrimination of any description. 2. the offenses described in the definition of "Personal Injury" do not include "Personal Injury" arising out of the employment, past employment or future employment of a person by any "insured". Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR242 (12/96) OLD REPUBLIC INSURANCE COMPANY VOLUNTEERS ENDORSEMENT In consideration of the premium at which this policy is written, it is understood and agreed that: 1. Wherever the word "employee" appears in this policy, the same is deemed to include the Insured's volunteers. 2. Wherever reference is made in this policy to the Insured's employment of an employee, the same shall be deemed to also refer to the activities of the Insured's volunteers on behalf of the Insured. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR248 (06/97) OLD REPUBLIC INSURANCE COMPANY AIRPORT PARACHUTING EXCLUSION In consideration of the premium at which this policy is written, it is under- stood and agreed that this insurance does not apply to: 1. "Bodily Injury" to any parachutist, skydiver or parachute jumper, or 2. "Bodily Injury" or "Property Damage" arising from or caused by any parachutist, skydiver or parachute jumper while such parachutist, skydiver or parachute jumper is engaged in, or is on board an aircraft, or boarding or alighting therefrom, in preparation to engage in, the sports of parachuting, skydiving or parachute jumping. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR258 (06/98) OLD REPUBLIC INSURANCE COMPANY EXCEPTION FOR CERTIFIED ACTS OF TERRORISM AMENDMENT THIS AMENDMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $485, it is agreed that: A. The Exclusion of Terrorism is hereby removed but only as respects to "CERTIFIED ACTS OF TERRORISM" for BODILY INJURY and PROPERTY DAMAGE. B. With respect to any one or more "CERTIFIED ACTS OF TERRORISM", we will not pay any amounts for which we are not responsible under the terms of the federal Terrorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuant to the Act) due to the application of any clause which results in a cap on our liability for payments for terrorism losses. C. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. THE FOLLOWING DEFINITIONS ARE ADDED: 1. For the purposes of this amendment, "any injury or damage" means any injury or damage covered under any Coverage Part to which this amendment is applicable, and includes but is not limited to "bodily injury", "property damage", and "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "CERTIFIED ACT OF TERRORISM" means an act that is certificated by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuant to the Act). The Terrorism Risk Insurance Act, and as amended with the Terrorism Risk Insurance Program Reauthorization Extension Act of 2007 sets forth the following criteria for a "certified act of terrorism": a. The act resulted in aggregate losses in excess of $5 million; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the PAGE 1 OF 2 cepam (01/07) OLD REPUBLIC INSURANCE COMPANY EXCEPTION FOR CERTIFIED ACTS OF TERRORISM AMENDMENT civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. E. This insurance does not apply and we will not pay for "any injury or damage" caused directly or indirectly out of an act of terrorism including action in hindering, defending against, or responding to an actual or expected incident of "terrorism" when one or more of the following are attributed to an incident of TERRORISM including a CERTIFIED ACT OF TERRORISM: 1. The TERRORISM involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 2. The TERRORISM is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or 3. Radioactive material is released, and it appears that one purpose of the TERRORISM was to release such material; or 4. The TERRORISM is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the TERRORISM was to release such materials. Multiple incidents of TERRORISM INCLUDING CERTIFIED ACTS OF TERRORISM which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PAGE 2 OF 2 cepam (01/07) OLD REPUBLIC INSURANCE COMPANY DELETION OF NON -OWNED AIRCRAFT COVERAGE This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. Non -Owned Aircraft insurance provided under coverage E of this policy is deleted. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR223 (08/95) OLD REPUBLIC INSURANCE COMPANY MEDICAL EXPENSE OCCURRENCE LIMIT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. THE MEDICAL EXPENSE LIMIT AS SHOWN IN THE DECLARATIONS IS AMENDED TO READ AS FOLLOWS: MEDICAL EXPENSE LIMIT ANY ONE PERSON . . . . . . . . . . $ 5,000. MEDICAL EXPENSE LIMIT ANY ONE OCCURRENCE . . . . . . . . . $25,000. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR267 (06/00) OLD REPUBLIC INSURANCE COMPANY CHANGE OF NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. The Named Insured shown in the Declarations is amended to read as follows: Kalispell Airport Association, Inc., City of Kalispell and any subsidiary, affiliated, managed, owned or controlled companies or entities now in existence or hereafter formed or acquired jointly or severally, as their respective interests may appear. If you are a government subdivision, any elective or appointive officer or a member of any board or commission or agency of yours while acting within the scope of their duties as respects your "aviation operations". Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective FEBRUARY 11, 2021 to be attached to and hereby made a part of Policy No. PR 00275302 issued through OLD REPUBLIC INSURANCE COMPANY, issued to: KALISPELL AIRPORT ASSOCIATION, INC. AND AS ENDORSED 1880 US HIGHWAY 93 SOUTH KALISPELL MT 59901 Date of issue 02-04-2021 PR213 (06/95) AIRPORT OWNERS AND OPERATORS LIABILITY POLICY INDEX Please Read Your Policy SECTIONI — COVERAGES........................................................................................................................................................................ 2 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY...................................................................................... 2 InsuringAgreement................................................................................................................................................................. 2 ExclusionsAgreement............................................................................................................................................................. 2 COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY............................................................................................. 5 InsuringAgreement................................................................................................................................................................ 5 Exclusions................................................................................................................................................................................. 6 COVERAGE C. MEDICAL PAYMENTS............................................................................................................................................ 6 InsuringAgreement................................................................................................................................................................ 6 Exclusions................................................................................................................................................................................. 7 COVERAGE D. HANGARKEEPERS LIABILITY................................................................................................................................. 7 InsuringAgreement................................................................................................................................................................ 7 Exclusions................................................................................................................................................................................ 7 COVERAGE E. NON -OWNED AIRCRAFT LIABILITY..................................................................................................................... 8 InsuringAgreement............................................................................................................................................................... 8 Exclusions................................................................................................................................................................................ 8 SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E.................................................................................................. 9 SECTION II - COMMON COVERAGE EXCLUSIONS............................................................................................................................. 10 SECTION III - WHO IS AN INSURED...................................................................................................................................................... 11 SECTION IV - LIMITS OF INSURANCE AND DEDUCTIBLES................................................................................................................ 12 SECTION V - CONDITIONS................................................................................................................................................................... 14 SECTION VI - DEFINITIONS................................................................................................................................................................... 17 PR 202 (11/01) Page 1 of 21 AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY POLICY PROVISIONS Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" referto the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION III). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION VI). SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any 'occurrence" and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) The "bodily injury" or "property damage" arises out of your "airport operations". C. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions. This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: PR 202 (11/01) Page 2 of 21 (1) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement. "Bodily injury" or "property damage" for which the insured may be held liable by reason of: (1) Causing urcontributing tothe intoxication ofany person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving orfurnishing alcoholic beverages. Premises atthe "airport" which you lease to others who are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, will not be treated as your business. Any obligation ofdheinsuredunderaworkers'compensation,dbabi|itybenefitsorunemp|oymertcompensation law nrany similar law. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured;o/ (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by, rented' loaned or leased to the insured. Use includes operation and "loading orun|oading" This exclusion does not apply to: (1) An"au1o"orwatercraft while onthe "airport"; (2) An "auto" or watercraft while not on the "airport" if responding to an aviation emergency; or (3) Liability assumed under any "insured contract" for the ownership, maintenance or use of watercraft. "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to the insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or "Bodily injury" or"property damage" arising out of: (1) The conduct of any airmeet, contest or exhibition permitted, sponsored or participated in by any insured; or (2) The ownership maintenance or use of grandstands, bleachers or observation platforms Paragraph (1)mfthis exclusion does not apply tostatic displays. Paragraph (Z) of this exclusion does not apply to observation decks or promenades that are part of permanent structure onthe "airport" "Property damage" to: (1) Property you own, rent or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned orleased toyou; (4) Personal property, other than "aircraft", in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; (6) That particular pert of any property that must be restored, repaired or replaced because "your work" was incorrectly performed onit; or (7) "Aircraft" in your care, custody or control or "aircraft" while being serviced, handled or maintained by you. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental byyou. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4)mfthis exclusion does not apply to"property demaQe": (e) to an "auto" or "mobile equipment" when your control is solely traffic control, but this exception does not override Exclusion j.above; (b) to an "auto"while unthe "airport";or (d to baggage or cargo handled by you, provided you are not handling the baggage or cargo as bailee for hire. Paragraph (6) of this exclusion does not apply to "property damage" included in the "prod uc1s-comp|eted operations hazard". Paragraph (7) of this exclusion does not apply to "property damage" to "aircraft" when your control is solely traffic control, but this exception does not override Exclusion jabove. I. Damage to Your Product Property damage" to "your product" arising out of it or any part of it. m. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage to Impaired Property or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "You work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through o. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SECTION IV). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that you become legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any offense and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E. b. This insurance applies to: (1) "Personal injury" caused by an offense excluding advertising, publishing, broadcasting or telecasting done by or for you; PR 202 (11/01) Page 5 of 21 (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if: (a) The offense was committed or alleged to have been committed unintentionally by you or any of your employees while engaged in their employment by you; and (b) The offense was committed or alleged to have been committed in the "coverage territory" during policy period and arises out of your "airport operations" 2. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; or (5) Arising out of the conduct of any airmeet, contest or exhibition permitted, sponsored or participated in by any insured. This exclusion does not apply to static displays. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. c. Any offense which was committed or alleged to have been committed in any State which does not recognize a cause of action for that offense based in negligence. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On your "airport"; or (2) Because of your "airport operations"; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. PR 202 (11/01) Page 6 of 21 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions. We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of the insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f. Included within the "products -completed operations hazard". g. Excluded under Coverage A. COVERAGE D. HANGARKEEPERS LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of physical injury to "aircraft" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E. b. This insurance applies to physical injury only if: (1) The "aircraft" is in your care, custody or control or while the "aircraft" is being serviced, handled or repaired by you; and (2) The physical injury to "aircraft" is caused by an "occurrence" that takes place on the "airport"; and (3) The physical injury to "aircraft" occurs during the policy period. C. Damages because of physical injury include damages claimed for all resultant loss of use of such aircraft. 2. Exclusions. This insurance does not apply to: a. Physical injury to "aircraft" you own. b. Physical injury to "aircraft" you rent, lease or which are on loan to you. PR 202 (11/01) Page 7 of 21 C. Physical injury to "aircraft" while "in flight". d. Physical injury to "aircraft" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement. COVERAGE E. NON -OWNED AIRCRAFT LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) The "bodily injury" or "property damage" arises out of your use of any aircraft, or its use on your behalf, provided that: (a) The aircraft is not owned by you in whole or in part; (b) The aircraft is not on lease to you; (c) The aircraft is not subject to a lease -purchase agreement to which you are a party; and (d) The aircraft is used in connection with your "airport operations". c. Damages because of "bodily injury" include damages claimed by any person or organization for care,loss of services or death resulting at any time from the "bodily injury". 2. Exclusions. This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement. PR 202 (11/01) Page 8 of 21 C. "Property damage" to the aircraft. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". f. "Bodily injury" or "property damage" included in the "products -completed operations" hazard. g. "Bodily injury" or "property damage" arising out of your use of any aircraft or its use on your behalf, if the aircraft is operated "in flight" by a pilot who is not properly certificated and rated by the F.A.A. for the flight involved. This exclusion does not apply if the aircraft so operated is without your knowledge or consent. h. "Property damage" to: (1) Property you own, rent or occupy; (2) Property loaned or leased to you; (3) Personal property in the care, custody or control of the insured. SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit". 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. PR 202 (11/01) Page 9 of 21 SECTION II - COMMON COVERAGE EXCLUSIONS All Coverages included in this policy are subject to the following exclusions. A. Noise and pollution and other perils. 1. This policy does not cover claims directly or indirectly occasioned by, happening through or in consequence of: - (a) noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith, (b) pollution or contamination of any kind whatsoever, (c) electrical and electromagnetic interference, (d) interference with the use of property; unless caused by or resulting in a crash fire explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation. 2. With respect to any provision in the policy concerning our duty to investigate or defend claims, such provision shall not apply and we shall not be required to defend: (a) claims excluded by Paragraph 1; or (b) a claim or claims covered by the policy when combined with any claims excluded by Paragraph 1 (referred to below as "Combined Claims"). 3. In respect of any Combined Claims, we shall (subject to proof of loss and the limits of insurance) reimburse you for that portion of the following items which may be allocated to the claims covered by the policy: (i) damages awarded against any insured; and (ii) defense fees and expenses incurred by any insured. 4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this policy. B. War, hi -jacking and other perils. This policy does not cover claims caused by: (a) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power. (b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. (c) Strikes, riots, civil commotion's or labor disturbances. (d) Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. (e) Any malicious act or act of sabotage. (f) Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority. PR 202 (11/01) Page 10 of 21 (g) Hi -jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight (including any attempt at such seizure or control) made by any person or persons on board the aircraft acting without the consent of the Insured. Furthermore this policy does not cover claims arising while the aircraft is outside the control of the insured by reason of any of the above perils. The aircraft shall be deemed to have been restored to the control of the insured on the safe return of the aircraft to the insured at an airfield not excluded by the "coverage territory" of this policy, and entirely suitable for the operation of the aircraft (such safe return shall require that the aircraft be parked with engines shut down and under no duress). C. Radioactive Contamination. 1. This policy does not cover: (a) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom (b) any legal liability of whatsoever nature directly or indirectly caused or contributed to by or arising from ionizing radiations or contamination by radioactivity from any source whatsoever. 2. Loss, destruction , damage, expense or legal liability which, but for the provisions of paragraph 1. of this exclusion, would be covered by this policy, and is directly or indirectly caused or contributed to by or arises from ionizing radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Transport Association Regulations, shall (subject to all other provisions of this policy) be covered, provided that: a. it shall be a condition precedent to our liability that the carriage of any radioactive material shall in all respects comply with the current regulations issued by the International Air Transport Association relating to the carriage of restricted articles by air; b. this policy shall only apply to any claim made against the insured arising out of any accident or incident occurring during the period of this insurance and any such claim made by the insured against us or by any claimant against the insured shall have been made within three years after the date of the occurrence giving rise to the claim; C. the cover afforded by this paragraph 2. may be cancelled at any time by us giving seven days notice of cancellation. SECTION III - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to your "airport operations". b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to your "airport operations". c. A public corporation, you are an insured. Your elective or appointive officers or members of any board or commission or agency of yours are also insureds, but only with respect to your "airport operations". d. An organization other than a partnership, joint venture or public corporation, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. PR 202 (11/01) Page 11 of 21 2. Each of the following is also an insured: a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you with respect to your "airport operations". If you are designated in the Declarations as a public corporation, employees of your boards, commissions or agencies, other than executive officers, but only for acts within the scope of their employment by those boards, commissions or agencies with respect to your "airport operations". However, no employee of yours or your boards, commissions or agencies is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co -employee while in the course of his or her employment, or the spouse, child, parent, brother or sister of that co -employee as a consequence of such "bodily injury" or "personal injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). C. Any person (other than your employee), or any organization, while acting as your real estate manager. d. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: "Bodily injury" to a co -employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION IV - LIMITS OF INSURANCE AND DEDUCTIBLES A. LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: Insureds; b. Claims made or "suits" brought; or C. Persons or organizations making claims or bringing "suits". PR 202 (11/01) Page 12 of 21 2. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for all damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 3. The Personal and Advertising Injury Aggregate Limit is the most we will pay under Coverage B for the sum of all damages because of "personal injury" and "advertising injury". 4. The Malpractice Aggregate Limit is the most we will pay under Coverage A for all damages because of "malpractice". 5. Subject to 2, 3 or 4 above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages because of all "bodily injury" and "property damage" under Coverages A and E; and b. Medical expenses under Coverage C; and C. Damages because of physical injury to "aircraft" under Coverage D. arising out of one "occurrence"; and d. Damages because of all "personal injury" and "advertising injury" under Coverage B. arising out of one offense. 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage' to premises rented to you arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 5. above, the Hangarkeepers Limit Any One Aircraft is the most we will pay under Coverage D for damages because of physical injury sustained by any one "aircraft" and the Hangarkeepers Limit Any One Occurrence is the most we will pay under Coverage D for physical injury sustained by all "aircraft" in any one "occurrence". The limits of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. B. DEDUCTIBLES 1. Our obligation to pay: a. Damages because of "bodily injury" and "property damage" under Coverages A and E; and b. Medical expenses under Coverage C; and C. Damages because of physical injury to "aircraft" under Coverage D arising out of one occurrence; and d. Damages because of "personal injury" and "advertising injury" under Coverage B arising out of any one offense. applies only to the amount of damages or medical expenses in excess of the Each Occurrence or Offense Deductible amount stated in the Declarations, but the limits of insurance applicable to Each Occurrence will not be reduced by the amount of such deductible, nor will Aggregate limits for such coverages be reduced by the application of such deductible amount. 2. The Aggregate Deductible amount stated in the Declarations is the most you will have to pay for all damages and medical expenses under Coverages A, B, C, D and E. PR 202 (11/01) Page 13 of 21 3. The terms of this insurance, including those with respect to: (a) Our right and duty to defend any "suits" seeking those damages; and (b) Your duties in the event of an "occurrence", claim, or suit apply irrespective of the application of the deductible amount. 4. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. The aggregate deductibles of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed the last preceding period for purposes of determining the aggregate deductibles. SECTION V — CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Policy. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence "or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received i n connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. PR 202 (11/01) Page 14 of 21 3. Legal Action Against Us. No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherinsurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverage A, B, D or E of this policy, our obligations are limited as follows: Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of "autos" or watercraft to the extent not subject to Exclusion f. of Coverage A (Section I). (4) That is Aircraft Liability insurance on any aircraft to which Coverage E (Section I) applies. When this insurance is excess, we will have no duty under Coverage A, B, D or E to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Policy. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. PR 202 (11/01) Page 15 of 21 5. Premium Audit. a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. Changes. This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 10. Examination of your books and records. We may examine and audit your books and records as they relate to this policy at anytime during the policy period and up to three years afterward. 11. Inspections and surveys. We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. PR 202 (11/01) Page 16 of 21 Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 12. Premiums and deductibles. The first Named Insured shown in the Declarations: Is responsible for the payment of all premiums and deductibles; and 2. Will be the payee for any return premiums we pay. 13. Transfer of your rights and duties under this policy. Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. 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. SECTION VI — DEFINITIONS "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; C. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "Aircraft" under Coverage D means any aircraft or its parts or equipment. 3. "Airport" means the Airport(s) designated in the Declarations, including ways and means immediately adjoining such airport(s). 4. "Airport operations" means the ownership, maintenance, use or provision of premises, services and facilities necessary to the operation of the "airport". 5. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment, but "auto" does not include "mobile equipment". 6. "Bodily injury" means: Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; or b. Fright or mental anguish sustained by a person. PR 202 (11/01) Page 17 of 21 7. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or C. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 9. "In flight" means: a. With respect to a fixed wing aircraft, from the time the aircraft moves forward in attempting to take off until the aircraft has completed its landing run. b. With respect to a rotorcraft, while its rotors are in motion as a result of engine power or autorotation. 10. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; C. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contractor agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. PR 202 (11/01) Page 18 of 21 An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and effecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; C. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; or d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or C. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Malpractice" means malpractice, error or mistake by a physician, surgeon, nurse, medical technician or other person performing medical services on behalf of an insured in the provision of emergency medical relief. 13. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. PR 202 (11/01) Page 19 of 21 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. "Occurrence" means an accident, including continuous or repeated exposure to substantiallythe same general harmful conditions. 15. "Personal injury" means injury, other than "bodily injury", arising out of one or more of the following offenses: a. Mistaken arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication of material that violates a person's right of privacy; f. Unintentional discrimination; g. Misdirection of a passenger by an insured to the wrong aircraft, automobile or other connecting transportation; or The offenses described in paragraph f. of this definition do not include personal injury arising out of the employment, past employment or future employment of a person by any insured. 16. a. "Products -completed operations hazard" includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. PR 202 (11/01) Page 20 of 21 c. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; (3) Products or operations for which the classification in this policy or in our manual of rules includes products or completed operations. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the "occurrence" that caused it. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 19. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. -"Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 20. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. PR 202 (11/01) Page 21 of 21 OLD . AEROSPACE Exceptionalaviation claim expertise at your service. Online: Visit www.OldRepublicAerospace.com. Click' or via the Claims drop down menu. g Click the Report a Claim icon, download and email the PDF form to claims@oraero.com Fax to 1 (877) 223-3830 Mail to 1990 Vaughn Rd. Ste. 350, Kennesaw, GA 30144 # Atlanta, GA Tel: 770.590.4950 (all claims including (833.272.6864) outside I) Baltimore, MD Tel: 410.321.0314 Boise, ID Tel: 208.350.6477 Chicago, IL Tel: 630.369.1076 Dallas, Tx Tel: 972.991.7223 Los Angeles, CA St. Louis, MO Tel: 303.989.7902 Tel: 805.496.7181 Tel: 504.527.6160 Tel: 636.536.0832 CSS01 7-18 * ' OLD REPUBLIC INSURANCE GROUP #** OLD REPUBLIC INSURANCE COMPANY PRIVACY POLICY WE ARE COMMITTED TO PROTECTING YOUR PRIVACY Collecting personal information about you is essential to our ability to offer you high -quality insurance products and services. We take great care to keep your nonpublic personal information accurate, confidential and secure. Our Policy sets high standards for collecting, using, disclosing and storing nonpublic personal information. For Privacy Policy questions regarding Old Republic Aerospace, writing aviation insurance products on behalf of Old Republic Insurance Company, please contact Corporate Administration at (770) 590-4950 or visit our website www.OldRel2ublicAerospace.com to submit your questions electronically. In this document, you and your mean the individual who is a customer or potential customer of Old Republic Aerospace, writing on behalf of Old Republic Insurance Company and we, us and our mean Old Republic Aerospace and Old Republic Insurance Company. 117e term "nonpublic personal information" (NPI) means any 'personally identifiable financial information" that a financial institution collects about an individual in connection with providing a financial product or service, unless that information is otherwise 'publicly available." We ask you for only the information we need. We collect only the information we need for the purposes we have identified to you. Our files are kept for the purpose of providing and servicing insurance related products for you. We will not sell your nonpublic personal information. Why we need the information. Generally, we need to collect nonpublic personal information to: • Fully understand the risk or exposure, • determine your eligibility, • meet regulatory or contractual requirements relating to the services and products provided to you. We will obtain your permission. We collect, use or disclose your nonpublic personal information only with your permission or as permitted by or required by law. oRAPP (01-16) Your permission may be expressed in writing or be implied and you may give it to us verbally, electronically, or through your authorized representative. You may withdraw your permission to collect, use and disclose your nonpublic personal information at any time, subject to legal and contractual restrictions and reasonable notice. Doing so, however, may prevent us from being able to provide insurance coverage or services to you. Where your medical information is collected or released, we will obtain your consent to do so. Before we make any information available to third parties, other than your agent or service provider who needs it or as otherwise required by law, we will tell you at the time we obtain your consent or before we make the information available, who those persons or organizations are, the kind of information we want to share with them and why. We will limit how long we keep information. We will keep your nonpublic personal information only for as long as it is necessary, including updating the product or service or as required by law. When we destroy nonpublic personal information, we will use safeguards to prevent unauthorized parties from gaining access to the information during the process. WE WILL PROTECT YOUR NONPUBLIC PERSONAL INFORMATION We are responsible for your information. We are responsible for all nonpublic personal information in our possession; including information transferred to a third party service provider or agent if necessary, so that we can provide you with a product or service. All employees, agents and authorized service providers of Old Republic Insurance Company are required to properly protect the confidentiality of your nonpublic personal information. How we protect information. Access to your nonpublic personal information is restricted to those of Old Republic Insurance Company's employees, agents and authorized service providers who need it to do their jobs. We have adopted commercially reasonable physical, technological and administrative safeguards to protect your nonpublic personal information against loss, theft, unauthorized disclosure, copying, and unauthorized use or modification. We maintain safeguards and security procedures appropriate to the types of documents, including electronic or paper records. We have instituted organizational measures including security clearances and limiting access on a "need -to -know" basis, and technological measures such as the use of passwords and encryption. While we endeavor to protect all information, the most sensitive information, such as medical information, receives our highest level of protection. oRAPP (01-16) YOUR RIGHT TO ACCESS YOUR NONPUBLIC PERSONAL INFORMATION Your rights. You have the right to ask whether we hold any nonpublic personal information about you and to see that information, as provided by law. Where we have obtained medical information about you from a third party, we will release this information only through your physician. You also have the right to know: how we collected your nonpublic personal information, how we are using it, and to whom it may have been disclosed. How to request an update or correction. If you believe any of the information we have collected about you is incorrect or incomplete, you have the right to ask us to change it. If you show that your nonpublic personal information is inaccurate or incomplete, we will make the necessary changes. FOR MORE INFORMATION For more information, please contact Old Republic Aerospace Corporate Administration by email at www.OldRgpublicAeroMace.com or by U.S. mail at: Corporate Administration c/o Old Republic Aerospace 1990 Vaughn Road Suite 350 Kennesaw, GA 30144 ORAPP (01-16) OLD REPUBLIC INSURANCE GROUP