Natural Grocers by Vitamin Cottage, Inc., et al v. Amco Insurance CompanyMOTION to Dismiss for Failure to State a Claim Defendant AMCO Insurance Company's Rule 12D. Colo.October 26, 2016IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:16-cv-01326-RPM-MJW NATURAL GROCERS BY VITAMIN COTTAGE, INC., a Delaware corporation, and VITAMIN COTTAGE NATURAL FOOD MARKETS, INC., a Colorado corporation, Plaintiffs, v. AMCO INSURANCE COMPANY, an Iowa insurance company, Defendant. ______________________________________________________________________ DEFENDANT AMCO INSURANCE COMPANY’S RULE 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ______________________________________________________________________ Defendant AMCO Insurance Company (“AMCO”), by and through its counsel Gordon & Rees LLP, hereby moves the Court pursuant to Fed.R.Civ.P. 12(b)(6) to dis- miss Plaintiffs’ Complaint (Doc. 1) for failure to state a claim on which relief may be granted, and as grounds for dismissal states as follows: Certificate of conferral pursuant to D.COLO.L.Civ.R. 7.1(a) Pursuant to D.COLO.L.Civ.R. 7.1(b), counsel for Defendant AMCO states that no conferral is required for a motion brought under Fed.R.Civ.P. 12. I. Statement of the case. In this insurance coverage case, Plaintiffs Natural Grocers By Vitamin Cottage and Vitamin Cottage Natural Food Markets seek a determination that the liability insur- ance policies issued to them by Defendant AMCO provide coverage for claims asserted against them based on breach of Plaintiffs’ electronic data system that resulted in Plain- Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 1 of 34 - 2 - tiffs’ customers’ credit card and other personal information being disclosed to unknown persons. As alleged in Plaintiffs’ Complaint (Doc. 1) at ¶ 6, Plaintiffs own Vitamin Cottage, a specialty retailer of natural and organic groceries and dietary supplements, which operates 115 stores in 19 states, including 36 in Colorado. In September 2015, Bernard Engl filed a putative class action complaint against Plaintiffs in the U.S. District Court for the District of Colorado, which identified as putative class members himself and similarly situated individuals who shopped at Vitamin Cottage between December 2014 and March 2015 and used credit or debit cards to pay for their purchases. (Doc. 1 at ¶ 7). Engl filed an Amended Complaint in December 2015 (see Exhibit A), which alleged that Plaintiffs’ negligence in allegedly resulted in a data security breach in December 2014 in which third parties accessed customers’ credit and debit card information and personal and financial data stored in Plaintiffs’ electronic database. Engl v. Natural Grocers By Vitamin Cottage, Inc., D. Colo. No. 1:15-cv-02129-MSK-NYW. (Doc. 1 at ¶¶ 9-11; see Ex. A at ¶¶ 1-4, 24-25).1 Plaintiffs’ tendered the defense of the Engl Amended Complaint to AMCO (Doc. 1 at ¶ 16), which denied coverage on the ground that there was no coverage for the 1The Magistrate Judge in Case No. 1:15-cv-02129-MSK-NYW recommended its dismissal for lack of federal subject matter jurisdiction and failure to state a claim in her June 20, 2016 Recommendation and Order (Doc. 110). Subsequently, Judge Krieger overruled Engl’s objection to the Magistrate Judge’s Recommendation and Order and adopted the Magistrate Judge’s Recommendation and Order in her Opinion and Order Adopting Recommendation and Granting Motion to Dismiss dated September 21, 2016 and ordered the case dismissed for lack of federal subject matter jurisdiction (Doc. 121). AMCO does not rely on either of these Orders for its position that it has no duty to defend the Engl Amended Complaint. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 2 of 34 - 3 - Engl Amended Complaint under its policies. (Doc. 1 at ¶¶ 23-25). The day after AMCO reaffirmed its denial of coverage on June 1, 2016 (Doc. 1 at ¶ 25), Plaintiffs filed their Complaint in this case. Plaintiffs’ Complaint seeks an order from the Court declaring that AMCO has a duty to defend Plaintiffs in the Engl action based on the allegations in the Engl Amend- ed Complaint. (Doc. 1 at ¶¶ 27, 54). As the Complaint indicates, there are two aspects of liability coverage at issue in this case: coverage for alleged “property damage” under Coverage Part A, and coverage for alleged “invasion of privacy” as the predicate of- fense for “personal and advertising injury” under Coverage Part B.2 (See Doc. 1 at ¶ 18). Because the duty to defend must be determined under the so-called “four corners” rule, see and because the underlying complaint and AMCO policies are proper- ly before the Court under Rule 12(b)(6), the Court may determine whether AMCO owes Plaintiffs a duty to defend the Engl Amended Complaint as a matter of law. See Land- mark American Ins. Co. v. VO Remarketing Corp., 619 Fed. Appx. 705, 708-09 (10th Cir. 2015). II. Standard of review. Federal Rule of Civil Procedure 12(b)(6) provides that a defendant may move to 2Although Plaintiffs’ Complaint references an exclusion in AMCO’s 2015-2016 policy for “Access or Disclosure of Confidential or Personal Information and Data- Related Liability” and notes that Colo. Rev. Stat. § 10-4-110.5 requires an insurer to provide advance notice of any reduction in coverage before the current policy expires (Doc. 1 at ¶¶ 20-22), Plaintiffs do not allege that AMCO failed to provide the requisite statutory notice. Because AMCO is not relying on this exclusion as a basis for denying coverage in this Rule 12(b)(6) motion, and because Plaintiffs have not alleged that this exclusion is ineffective under § 10-4-110.5, the application of the statute to the exclus- ion is not addressed in this motion. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 3 of 34 - 4 - dismiss a claim for “failure to state a claim upon which relief can be granted.” The pur- pose of a motion to dismiss pursuant to Rule 12(b)(6) is to test “the sufficiency of the al- legations within the four corners of the complaint after taking those allegations as true.” Mobley v. McCormick, 40 F.3d 337, 340 (10th Cir. 1994). To survive a Rule 12(b)(6) motion, “[t]he complaint must plead sufficient facts, taken as true, to provide ‘plausible grounds’ that discovery will reveal evidence to support the plaintiff’s allegations.” Shero v. City of Grove, 510 F.3d 1196, 1200 (10th Cir. 2007), citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). A complaint must include “enough facts to state a claim to relief that is plausible on its face.” TON Servs., Inc. v. Qwest Corp., 493 F.3d 1225, 1235 (10th Cir. 2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the alleged misconduct.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plaintiff’s obligation to provide the grounds of entitlement to relief requires “more than labels and conclusions,” and a “formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555. To survive Rule 12(b)(6) dis- missal, factual allegations must be enough to raise a right to relief above the speculative level. Id. “[T]he mere metaphysical possibility that some plaintiff could prove some set of facts in support of the pleaded claims is insufficient; the complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual sup- port for these claims.” Ridge at Red Hawk, LLC v. Schneider, 493 F.3d 1174, 1177 (10th Cir.2007). Evaluation of a Rule 12(b)(6) motion requires a two-part analysis. First, the Court Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 4 of 34 - 5 - identifies “the allegations in the complaint that are not entitled to the assumption of truth,” that is, those allegations which are legal conclusion, bare assertions, or merely conclusory. Such allegations, because they are no more than conclusions, are not entit- led to the assumption of truth. Iqbal, 556 U.S. at 677-81. “[T]he tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal con- clusions.” Id. at 678. The Court “need not accept conclusory allegations without support- ing factual averments.” Southern Disposal, Inc., v. Texas Waste, 161 F.3d 1259, 1262 (10th Cir.1998). Second, the Court considers the factual allegations “to determine if they plausibly suggest an entitlement to relief.” Iqbal, 556 U.S. at 681. If the well-pleaded factual allegations state a plausible claim for relief, the claim survives dismissal. Id. at 679. If, however, the well-pleaded facts do not permit the Court to infer more than the mere possibility of misconduct, the complaint has not shown that the pleader is entitled to relief. Id. Although neither the underlying Engl complaint nor the pertinent AMCO policies have been submitted as exhibits to the Complaint under Fed.R.Civ.P. 10(c), this does not preclude the Court from deciding the issue of coverage under Rule 12(b)(6), since AMCO has submitted the Engl Amended Complaint as Exhibit A and the pertinent AMCO policies as Exhibits B and C, all of which the Court may consider under Rule 12(b)(6). As the Tenth Circuit has held, “if a plaintiff does not incorporate by reference or attach a document to its complaint, but the document is referred to in the complaint and is central to the plaintiff’s claim, a defendant may submit an indisputably authentic copy to the court to be considered on a motion to dismiss.” GFF Corp. v. Associated Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 5 of 34 - 6 - Wholesale Grocers, Inc., 130 F.3d 1381, 1384 (10th Cir. 1997). See Dean Witter Rey- nolds, Inc. v. Howsam, 261 F.3d 956, 961 (10th Cir. 2001) (“[W]here the plaintiff refers to certain documents in the complaint and those documents are central to the plaintiff’s claim, ... the Court may consider the documents part of the pleadings for purposes of Rule 12(b)(6) dismissal, and the defendant’s attaching such documents to the motion to dismiss will not require conversion of the motion into a motion for summary judgment.”). The Court may therefore consider the Engl Amended Complaint and AMCO policies, all of which are referred to in the Complaint (see Doc. 1 at ¶¶ 8-13, 14-15, 18), in deciding this Rule 12(b)(6) motion without converting it into a summary judgment motion under Fed.R.Civ.P. 56. See, e.g., Moore v. Gunnison Valley Hosp., 170 F.Supp.2d 1080, 1082 n.2 (D. Colo. 2001); Turner v. Schultz, 130 F.Supp.2d 1216, 1221 (D. Colo. 2001); O’Hayre v. Board of Educ., 109 F.Supp.2d 1284, 1288 (D. Colo. 2000); see also Wright v. Associated Ins. Cos., 29 F.3d 1244, 1248 (7th Cir. 1994) (not- ing that documents are not “outside the pleadings” if they are “referred to in the plain- tiff’s complaint and are central to his claim”). III. Interpretation of insurance policies under Colorado law. A. General principles. In diversity cases, federal courts apply Colorado law and interpret insurance poli- cies as a Colorado court would. Leprino Foods Co. v. Factory Mut. Ins. Co., 453 F.3d 1281, 1287 (10th Cir. 2006). Interpretation of an insurance policy is a question of law for the Court. Hoang v. Assurance Co., 149 P.3d 798, 801 (Colo. 2007). Under Colorado law, insurance contracts are construed in accordance with the Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 6 of 34 - 7 - general laws of contracts. Arkansas Valley Drilling, Inc. v. Continental Western Ins. Co., 703 F.Supp.2d 1232, 1237 (D. Colo. 2010) (citations omitted). An insurance contract must be interpreted according to the plain and ordinary meaning of its language. Id. (citations omitted). When the language used in a contract is plain and its meaning is clear, the agreement must be enforced as written. Id. (citations omitted). Courts should be wary of rewriting contract provisions and should give the words contained in the contract their plain and ordinary meaning. Lovell v. State Farm Mut. Auto. Ins. Co., 466 F.3d 893, 902 (10th Cir. 2006). Courts may not add provisions to extend coverage beyond that contracted for. Cyprus Amax Materials Co. v. Lexington Ins. Co., 74 P.3d 294, 299 (Colo. 2003). A court’s construction of policy provisions “must be fair, natural and reasonable rather than strained or strictly technical.” Public Serv. Co. v. Wallis & Cos., 986 P.2d 924, 939 (Colo. 1999). When language used in a policy is plain and its meaning is clear, it must be enforced as written. Fire Ins. Exch. v. Rael, 895 P.2d 1139, 1142 (Colo. App. 1995). An insurer cannot be liable beyond the scope of risks clearly covered in the policy. Kane v. Royal Ins. Co., 768 P.2d 678, 683 (Colo. 1989). See Hart- ford Live Stock Ins. Co. v. Phillips, 372 P.2d 740, 742 (Colo. 1962). Courts may not strain language or logic to create alternative interpretations solely to resolve coverage for the insured. Kane, 768 P.2d at 683; Mashburn v. Wilson, 701 P.2d 67, 69 (Colo. App. 1984). B. Duty to defend. Under Colorado law, the duty to defend arises where the facts alleged in the pleadings potentially fall within the scope of the policy’s coverage. Hecla Mining Co. v. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 7 of 34 - 8 - New Hampshire Ins. Co., 811 P.2d 1083, 1089-90 (Colo.1991). The duty to defend thus turns on the interpretation of the insurance policy, which in turn is governed by general principles of contract interpretation. See id. at 1090. Colorado follows the so-called “four corners” rule. See Cyprus Amax, 74 P.3d at 299. Under this rule, when determining whether an insurer has a duty to defend, the Court must restrict its examination to the four corners of the underlying complaint. Fire Ins. Exch. v. Sullivan, 224 P.3d 348, 351 (Colo. App. 2009). Consequently, “the duty to defend must be determined based solely on a comparison of the allegations of the complaint made against the insured with the insuring provisions of the policy.” Employers Fire Ins. Co. v. Western Guar. Fund Servs., 924 P.2d 1107, 1110 (Colo. App. 1996). The factual allegations in the complaint, and not the legal claims, determine the insurer’s duty to defend. Bertagnolli v. Assn. of Trial Lawyers Assur., 934 P.2d 916, 918 (Colo. App. 1997); Colorado Farm Bureau Mut. Ins. Co. v. Snowbarger, 934 P.2d 909, 911 (Colo. App. 1997). The issue under both Coverage Part A and Coverage Part B is whether the loss claimed in the Engl Amended Complaint falls within their respective Insuring Agree- ments of the AMCO policies such that AMCO owes Plaintiffs a duty to defend against it. Plaintiffs, as the insureds, have the burden to show that the loss falls within the cov- erage grant of the Insuring Agreement. See Advantage Homebuilding, LLC v. Maryland Cas. Co., 470 F.3d 1003, 1008 (10th Cir. 2006); Leprino Foods, 453 F.3d at 1287; AMCO Ins. Co. v. Carpet Direct Corp., 2016 U.S. Dist. LEXIS 8225, *2-*3 n.2 (D. Colo., Jan. 22, 2016); Colorado Intergovtl. Risk Sharing Agency v. Northfield Ins. Co., 207 P.3d 839, 842 (Colo. App. 2008). Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 8 of 34 - 9 - IV. Analysis of Engl Amended Complaint. Plaintiffs’ Complaint (Doc. 1) alleges at ¶¶ 8-13 that the December 30, 2015 Amended Complaint in Engl v. Natural Grocers is the “Operative Complaint” for pur- poses of determining insurance coverage in this case. The December 30, 2015 Amended Complaint in Engl v. Natural Grocers (Ex. A) is styled as a class action on behalf of “All persons residing in the United States who made an in-store purchase at a NGVC store using a debit or credit card at any time from December 25, 2014 through March 4, 2015.” (Ex. A at ¶ 53). It also asserts claims on behalf of a class consisting of Colorado customers only. (Ex. A at ¶ 54). Although no class has yet been certified, the allegations of the putative class will nevertheless be considered in determining whether AMCO owes a duty to defend. Engl alleges that between December 2014 and March 2015, he shopped in Plaintiffs’ stores in Colorado Springs, using his credit card to pay for purchases (Ex. A at ¶ 12). On March 8, 2015, after Plaintiffs announced on their website that its security system had been hacked and that “customer payment card data” had been compro- mised, Engl’s Visa card “was declined when he attempted to use it at a gas station.” (Ex. A at ¶¶ 13, 15). Engl alleges that he “immediately contacted his credit card com- pany and learned that his card had been cancelled due to fraudulent activity on his card.” (Ex. A at ¶ 15). Engl further alleges that his “cancelled card was on file with Gold’s Gym in order to automatically pay [Engl’s] membership fees there when due. As a result of NGVC’s deficient data security and the cancellation of [Engl’s] credit card, [Engl] incurred and paid monetary penalties of $25 with Gold’s Gym when his card was Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 9 of 34 - 10 - declined for automatic payment.” (Ex. A at ¶ 16). In addition to the loss of $25, Engl also alleges that he personally sustained damages in the form of “time reviewing both his and his wife’s credit card statements to ensure that they had not incurred any fraudulent charges,” and “hours of his own time attempting to remedy the harm caused him and attempting to prevent future harm.” (Ex. A at ¶¶ 18-19). However, Engl does not allege that any fraudulent or unauthorized charges were made to any of his credit cards. The Amended Complaint asserts only two claims for relief: breach of implied con- tract, and violation of the Colorado Consumer Protection Act (CCPA) (Ex. A at ¶¶ 65- 85). The first claim for relief alleges that Engl “entered into an implied contract with [Plaintiffs] whereby [Plaintiffs] became obligated to reasonably safeguard Plaintiff’s ... sensitive, non-public information,” which Plaintiffs allegedly breached “by failing to take reasonable measures to safeguard their personal and financial data.” (Ex. A at ¶¶ 67- 68). Engl nevertheless alleges that Plaintiffs were “negligent in preventing such data theft from occurring.” (Ex. A at ¶ 76). Engl’s second claim for violation of the CCPA alleges that Plaintiffs “failed to dis- close the material fact that its computer systems and data security practices were inad- equate to safeguard customers’ personal and financial data from theft” (Ex. A at ¶ 71), and that Engl was “deceived by [Plaintiffs’] failure to properly implement adequate, com- mercially reasonable data security practices to protect their personal and financial in- formation while shopping.” (Ex. A at ¶ 73). Engl’s CCPA claim alleges that Plaintiffs en- gaged in a “negligent course of conduct in handling its customers’ personal information” Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 10 of 34 - 11 - (Ex. A at ¶ 77), but also alleges that Plaintiffs’ “fraudulent and deceptive acts and omis- sions were intended to induce, and did induce, [Engl’s] reliance on NGVC’s deception that [Engl’s] personal and financial information was secure and protected when using debit and credit cards to shop at NGVC.” (Ex. A at ¶ 79). Engl’s CCPA claim further characterizes Plaintiffs’ conduct as “fraudulent and deceptive behavior, which was con- ducted with reckless indifference toward the rights of others.” (Ex. A at ¶ 84). The damages alleged on behalf of Engl and the putative class members as the result of the breach of the implied contract include: (a) unauthorized charges on their debit and credit card accounts; (b) payment of monetary penalties from third party vendors for failure of debit and/or credit cards to make automatic payment because of the cards’ cancellation; (c) theft of their personal and financial information; (d) costs associated with the detection and prevention of identity theft and un- authorized use of their financial accounts; (e) costs associated with time spent and the loss of productivity from taking time to address and attempt to ameliorate and mitigate the actual and future conse- quences of the NGVC data breach, including, without limitation, finding fraudulent charges, cancelling and reissuing cards, and the stress, nuisance, and annoy- ance of dealing with all issues resulting from the NGVC data breach; (f) the imminent and certainly impending injury flowing from potential fraud and identify theft posed by their credit card, debit card, and personal information being placed in the hands of criminals and being already misused via the sale of consumers’ information on the Internet card black market; (g) damages to and diminution in value of their personal and financial information entrusted to NGVC for the purpose of purchasing products from NGVC and with the understanding that NGVC would safeguard their data against theft and not allow access and misuse of their data by others; and (h) the continued risk to their personal information, which remains in the posses- Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 11 of 34 - 12 - sion of NGVC and which is subject to further breaches so long as NGVC fails to undertake appropriate and adequate measures to protect data in its possession. (Ex. A at ¶ 69). The damages alleged on behalf of Engl and the putative class members as the result of violation of the CCPA are identical to the damages alleged for breach of im- plied contract. (Ex. A at ¶ 83). The Engl Amended Complaint also alleges damages in the form of “monetary damages in that [class members] overpaid for the products purchased from NGVC”; “monetary losses arising from unauthorized bank account withdrawals and/or related bank fees charged to their accounts”; “the costs associated with identity theft and the in- creased risk of identity theft caused by NGVC’s wrongful conduct”; “monetary penalties as a result of the failure of cards on file with third-party vendors to make automatic pay- ment after being cancelled”; “the opportunity cost and value of time that Plaintiff and the Class have been forced to expend to monitor their financial and bank accounts”; and “the cost of obtaining replacement credit and debit cards” (Ex. A at ¶¶ 47-50, 52). V. The Engl complaint does not allege covered “property damage” within the policy’s Insuring Agreement for Coverage Part A. Both the 2014-2015 (Exhibit B) and 2015-2016 (Exhibit C) AMCO policies con- tain identical language in the Insuring Agreement for Coverage Part A of AMCO’s CGL coverage form. Coverage Part A generally provides coverage for “bodily injury” or “property damage” caused by an “occurrence” during the policy period. The Insuring Agreement for Coverage Part A in both AMCO policies provides in pertinent part: I. COVERAGES Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 12 of 34 - 13 - A. COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT a. We will pay those sums up to the applicable Limit of Insurance 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 the insured against any "suit" seeking those damages for which there is coverage under this policy. HOWEVER, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our sole discretion, investigate any "occurrence" and settle any claim or "suit" that may result. .... No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS – COVERAGES A AND B. 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. See Ex. B at 253; Ex. C at 275. Section V of the AMCO policy, “Definitions,” defines “property damage” within the Insuring Agreement in both the 2014-2015 and 2015-2016 policies as follows: 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 Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 13 of 34 - 14 - b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occur- rence” that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or pro- grams stored as or on, created or used on, or transmitted to or from com- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. See Ex. B at 273; Ex. C at 295. While the term "tangible property" is not defined by the policy, Colorado courts have long held that in the context of a CGL policy, “tangible property is that which is capable of being handled, touched, or physically possessed.” Lamar Truck Plaza, Inc. v. Sentry Ins., 757 P.2d 1143, 1144 (Colo. App. 1988). See Hommel v. George, 802 P.2d 1156, 1157 (Colo. App. 1990); American Family Mut. Ins. Co. v. Teamcorp., Inc., 659 F.Supp.2d 1115, 1130 (D. Colo. 2009); Carpet Direct, 2016 U.S. Dist. LEXIS 8225 at *9. By contrast, "[p]urely economic losses are not included in this definition." Lamar Truck Plaza, 757 P.2d at 1144. “Thus, while the loss of use of tangible property includes such property which has diminished in value or been made useless irrespective of any physical injury to the property, the phrase does not include mere economic damages in the nature of loss of investments, anticipated profits, and financial interests.” Hommel, 802 P.2d at 1158. Here, the allegations of the Engl Amended Complaint do not establish that Engl (or any putative class member) sustained any “physical injury to tangible property” or “loss of use of tangible property that is not physically injured.” The only damages Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 14 of 34 - 15 - alleged are purely nonphysical, intangible, economic losses, namely (1) “monetary penalties of $25 with Gold’s Gym when [Engl’s] card was declined for automatic pay- ment.” (Ex. A at ¶ 16); (2) “time reviewing both his and his wife’s credit card statements to ensure that they had not incurred any fraudulent charges,” and “hours of his own time attempting to remedy the harm caused him and attempting to prevent future harm” (Ex. A at ¶¶ 18-19); (3) “unauthorized charges on their debit and credit card accounts” (Ex. A at ¶ 69(a)); (4) other “payment of monetary penalties from third party vendors for failure of debit and/or credit cards to make automatic payment because of the cards’ cancella- tion” (Ex. A at ¶ 69(b)); (5) “theft of their personal and financial information” (Ex. A at ¶ 69(c)); (6) “costs associated with the detection and prevention of identity theft and un- authorized use of their financial accounts” (Ex. A at ¶ 69(d)); (7) “costs associated with time spent and the loss of productivity from taking time to address and attempt to ameli- orate and mitigate the actual and future consequences of the NGVC data breach”3 (Ex. A at ¶ 69(e)); (8) “the imminent and certainly impending injury flowing from potential fraud and identify theft posed by their credit card, debit card, and personal information being placed in the hands of criminals and being already misused via the sale of con- sumers’ information on the Internet card black market” (Ex. A at ¶ 69(f)); (9) “damages to and diminution in value of their personal and financial information entrusted to NGVC” 3Although ¶ 69(e) also alleges that Engl and the putative class members suffered “stress, nuisance, and annoyance of dealing with all issues resulting from the NGVC data breach,” Colorado law is clear that such “stress, nuisance, and annoyance” does not constitute “bodily injury” under the policies’ definition of “bodily injury” as “bodily in- jury, sickness or disease sustained by a person, including death resulting from any of these at any time.” Ex. B at 270; Ex. C at 292. See National Cas. Co. v. Great South- west Fire Ins. Co., 833 P.2d 741, 746 (Colo. 1992) (“bodily injury” covers physical injury and does not include claims for purely nonphysical or emotional harm). Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 15 of 34 - 16 - (Ex. A at ¶ 69(g)); (10) “continued risk to their personal information” (Ex. A at ¶ 69(h)); (11) “monetary damages ... that [class members] overpaid for the products purchased from NGVC” (Ex. A at ¶ 47); (12) “monetary losses arising from unauthorized bank account withdrawals and/or related bank fees charged to their accounts” (Ex. A at ¶ 48); (13) “the costs associated with identity theft and the increased risk of identity theft caused by NGVC’s wrongful conduct” (Ex. A at ¶ 49); (14) “monetary penalties as a result of the failure of cards on file with third-party vendors to make automatic payment after being cancelled” (Ex. A at ¶ 50); (15) “the opportunity cost and value of time that Plaintiff and the Class have been forced to expend to monitor their financial and bank accounts” (Ex. A at ¶ 52); and (16) “the cost of obtaining replacement credit and debit cards” (Id.). None of these alleged forms of “property damage” alleges “physical injury to tan- gible property” or “loss of use of tangible property that is not physically injured,” only economic loss, which is not within the policies’ definition of “property damage” that is covered by the Insuring Agreement, or else damage to or loss of use of “electronic data” (e.g., damage items (5) and (9)-(10)), which is also not “tangible property” under the policies’ definition of “property damage.” Consequently, even if any of the “property damage” alleged as damages in the Engl Amended Complaint was otherwise caused by an “occurrence” as defined in the AMCO policies,4 there is no allegation of any “property damage” that is covered under the policies’ Insuring Agreements for Coverage Part A. 4Consistent with most CGL policies, both AMCO policies define “occurrence” to mean “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” Ex. B at 272; Ex. C at 294. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 16 of 34 - 17 - See Hommel, 802 P.2d at 1158; Lamar Truck Plaza, 757 P.2d at 1144; Carpet Direct, 2016 U.S. Dist. LEXIS 8225 at *9-*10; see also L. Ray Packing Co. v. Commercial Union Ins. Co., 469 A.2d 832, 835 (Me. 1983) (“While loss of use of tangible property does include tangible property which has been diminished in value or made useless irrespective of any physical injury to the property, it does not include mere economic damage in the nature of loss of investments, anticipated profits, and financial interests.”) (citations omitted). The only other “property damage” alleged in the Engl Amended Complaint con- sists of solely of damage to financial information or electronic data. See Ex. A at ¶ 1 (“This action seeks redress for NGVC’s failure to secure and safeguard its customers’ personal and financial data, including credit and debit card information.”); ¶ 2 (“On March 2, 2015, NGVC disclosed a data breach involving the theft of customers’ credit- card and debit-card data with an unknown number of compromised customer accounts”; ¶ 3 (“NGVC’s security failure enabled hackers to steal financial data”); ¶ 4 (“NGVC failed to comply with security standards and allowed their customers’ financial inform- ation to be compromised”); ¶ 13 (“NGVC announced on its website that its security system had been hacked and that ‘customer payment card data’ had been compro- mised.”); ¶ 14 (“Plaintiff’s personal and financial information was stolen by criminals in the course of their attack on NGVC’s inadequately secured electronic system.”); ¶ 20 (“Plaintiff’s cancelling of his other cards . . . was all necessitated by NGVC’s failure to properly protect his personal and financial information”); ¶ 24 (“An untold number of customers became the victims of a data breach when their personal and financial Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 17 of 34 - 18 - information was taken”); ¶ 26 (“NGVC’s failure to comply with reasonable security stan- dards ... [was] to the severe detriment of NGVC’s own customers—including Class members here—who have been subject to the Security Breach of otherwise have had their financial information placed at serious and ongoing risk.”); ¶ 28 (“NGVC allowed widespread and systematic theft of its customers’ personal and financial information”); ¶ 49 (“Plaintiff and the Class suffered additional damages arising from the costs associ- ated with identity theft and the increased risk of identity theft caused by NGVC’s wrong- ful conduct”) (emphasis added). Information and data in any form is not “tangible prop- erty” within the policies’ definition of “property damage” under the Insuring Agreement for Coverage Part A because it is not property “which is capable of being handled, touched, or physically possessed.” Lamar Truck Plaza, 757 P.2d at 1144. Plaintiffs are nevertheless expected to argue that Engl’s Visa card was “tangible property” that was not “physically injured” but whose “use” was “lost” when it “was de- clined when he attempted to use it at a gas station.” (Ex. A at ¶ 15). This argument, while inventive, simply ignores that what Engl actually lost the use of was not his actual physical credit card, but his credit card account, which is not “physical” or “tangible” property. See Ex. A at ¶¶ 15-16. Indeed, Engl does not allege that the data breaches deprived him of the use of his physical credit card, but rather of the use of his credit ac- counts and their associated electronic data. The gravamen of his Amended Complaint is that because his credit card account was cancelled, his card was declined in one trans- action and he sustained economic damages of $25 in another. This does not allege damage to or loss of use of any “tangible property” within the Insuring Agreement of the Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 18 of 34 - 19 - AMCO policies. See Carpet Direct, 2016 U.S. Dist. LEXIS 8225 at *9-*10. A similar argument was rejected in Hommel v. George, 802 P.2d at 1158. There, the insured was a real estate developer who solicited investments in a condominium project from third parties. The developer did not complete construction and eventually the project was foreclosed upon. Investors sued the developer for damages consisting of compensation for the unpaid amount of capital contribution and lost profits. The developer confessed judgment and, in an effort to collect their judgment, the investors served writs of garnishment on the developer’s insurers, claiming coverage for their investment losses. The dispositive issue in the case was whether the investors' economic damages were within the coverage for “loss of use of tangible property.” Relying on Lamar Truck Plaza, the trial court held that “the loss sustained by these plaintiffs was the loss of their investment and possible profits which [are] not tangible property.” Hommel, 802 P.2d at 1158. On appeal, the investors nonetheless argued “they are not claiming economic in- jury, but consequential damages of injury to tangible property,” since “the condominiums were to be used to generate funds to return their investments and, solely because of defendant's negligence, they lost the “use” of the condominiums.” Id. “Thus,” the in- vestors contended, the lost investments and profits they suffered “resulted from the loss of the use of tangible property.” Id. The Colorado Court of Appeals disagreed and held that the investors’ claimed damages were purely economic: [A]n examination of the investors' underlying complaint belies their contention that they are claiming more than mere economic injury; nowhere in the complaint Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 19 of 34 - 20 - is there an allegation of damages or injury to the condominiums. Instead, through theories of implied contract, misrepresentation, breach of fiduciary duty, and pro- missory estoppel, their complaint shows that investors are seeking relief for the loss of use, not of the condominiums, but of their investments and profits, speci- fically, repayment of their respective capital contributions and lost profits. Id., 802 P.2d at 1158-59. “Thus,” the court concluded, “the trial court correctly charac- terized the injury alleged as injury to the investments, not to the condominiums,” which is therefore not covered “property damage.” Id. at 1159. Similarly here, Engl’s claims are not for loss of use of his physical credit card, but for monetary losses attendant to the cancellation of his credit card account, see Ex. A at ¶¶ 15-16, 19, 48, 50, 52, 69(b),(d)-(e), 83(b),(d)-(e), as well as loss of electronically en- coded information. Id. at ¶¶ 43-45, 69(c), (f)-(h); 83(c), (f)-(h). None of these claimed damages falls within the policy definition of “property damage” as “physical injury to tan- gible property” or “loss of use of tangible property that is not physically injured.” Plaintiff is nonetheless expected to rely on Travelers Prop. Cas. Co. v. DISH Net- work, LLC, 2014 U.S. Dist. LEXIS 37914 (C.D. Ill., Mar. 24, 2014) for its position that Engl’s alleged loss of his credit card account amounted to “loss of use of tangible prop- erty that is not physically injured.” In DISH Network, a telecommunications company was sued by the United States and four states for making unsolicited telephone calls in violation of the Telephone Consumer Protection Act (TCPA). At issue was coverage for the federal and state governments’ suit against DISH Network under a CGL policy issued by Travelers, which contained the same definition of covered “property damage” as does AMCO’s policy here, i.e., “Loss of use of tangible property that is not physically injured.” Id. at *9-*10. The district court held that Travelers had a duty to defend DISH Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 20 of 34 - 21 - Network because it determined that “the potential for property damage liability coverage exists” based solely on this finding: The Underlying Complaint alleges that DISH Network directly or indirectly made telemarketing phone calls to consumers in violation of state and federal law, specifically the Telephone Consumer Protection Act (TCPA). The natural conse- quence of such calls is that the consumers receiving them were unable to receive any other telephone calls for some time period. Tying up a consumer's telephone line arguably falls within the Travelers Policy's Property Damage Definition that includes the loss of the use of tangible property that is not physically injured. Id. at *40. This was the entire extent of the court’s analysis of “loss of use of tangible property that is not physically injured.” The court did not cite any Colorado authorities,5 and did not analyze whether a telephone line constitutes “tangible property” under Colo- rado law. DISH Network is distinguishable not only because it did not involve loss of use of a credit card, which is not analogous to a telephone line because telephony requires physical equipment to operate, which a credit card does not, but also because tele- phone transmission and switching equipment through which a telephone line is ac- cessed has already been held to constitute “tangible property.” See AT&T Communs. of Mtn. States, Inc. v. City of Boulder, 775 P.2d 53, 54 (Colo. App. 1988). In contrast, credit cards have been held not to constitute “tangible property,” and credit card accounts have been held not to constitute “tangible property” rights. See 5As support, the court in DISH Network cited this Court’s decision in Park Univ. Enterps., Inc. v. American Cas. Co. of Reading, PA, 442 F.3d 1239 (10th Cir. 2006), which applied Kansas law in determining whether the insurer had a duty to defend a suit alleging that the insured sent unsolicited faxes in violation of the TCPA. In Park Univ., however, the insurer “agree[d] that sending an unsolicited fax can result in ‘loss of use of tangible property,’” since the underlying claimant "lost the use of its fax machine, ink, and paper.” Id. at 1244. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 21 of 34 - 22 - Pierce v. Citibank (S.D.), N.A., 1996 U.S. App. LEXIS 18496, *3 (9th Cir. 1996); Penn- sylvania State Employees Credit Union v. Fifth Third Bank, 398 F.Supp.2d 317, 330 (M.D. Pa. 2005) (rejecting, in data breach suit, contention that credit cards are “tangible property” and that loss of use of credit cards constitutes property damage; “The dam- ages sought here, the costs of replacing the cards, are economic losses.”), aff'd in part sub nom. Sovereign Bank v. BJ's Wholesale Club, Inc., 533 F.3d 162, 176-78 (3d Cir. 2008); Cumis Ins. Society, Inc. v. BJ's Wholesale Club, Inc., 918 N.E.2d 36, 46-47 (Mass. 2009) (loss of credit card is not damage to “tangible property” but is only eco- nomic loss); Bering v. Interinsurance Exch. of the Auto. Club, 2002 Cal. App. Unpub. LEXIS 9694, *24-*25 (Cal. App. 2002) (rejecting “property damage” coverage for data breach suit; “Property damage under both the primary and excess policies is defined as physical injury to or destruction of or loss of use of tangible property. Customers' credit card information stolen as a result of the alleged negligence of Bering for which Cornell is liable does not constitute the destruction or loss of use of tangible property.”); see also People v. Molina, 547 N.Y.S.2d 546, 549 (N.Y. City Crim. 1989) (credit card num- bers “in and of themselves are not tangible property”). As the court explained in J.C. Penney Natl. Bank v. Johnson, 19 S.W.3d 831, 840 (Tenn. App. 1999), the actual phy- sical credit card should not be confused with the credit account it represents: Credit cards, in and of themselves, are virtually worthless. The "value" of these cards is found in the right which the card represents, namely the credit account. The card is merely representative of the customer's right to charge goods and services. The actual card is not even necessary to the transaction. It merely serves as a convenient article on which to record the necessary information re- garding the customer's account. As the chancellor correctly determined, the real asset is the intangible account which the card represents. [Footnote omitted]. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 22 of 34 - 23 - Here, the alleged injury was not the loss of use of Engl’s tangible, physical credit card itself, but rather the loss of use of the credit account—which is purely economic loss—that his credit card represented. And, because Engl’s alleged loss of his credit card account was a purely economic loss, it does not fall within the Policy’s definition of “property damage.” See Lamar Truck Plaza, 757 P.2d at 1144; Hommel, 802 P.2d at 1158; Carpet Direct, 2016 U.S. Dist. LEXIS 8225 at *9-*10. Because the Engl Amended Complaint thus does not allege any “property dam- age” within the Insuring Agreement for Coverage Part A, there is no coverage under either AMCO policy for any of the claims in the Engl Amended Complaint such that AMCO has no obligation to defend. Lamar Truck Plaza, 757 P.2d at 1144; Carpet Direct, 2016 U.S. Dist. LEXIS 8225 at *10. To the extent that Plaintiffs’ Complaint seeks a defense to the Engl Amended Complaint under Coverage Part A, it should be dis- missed for failure to state a claim for relief. VI. The Engl complaint does not allege “publication” of “material that violates a person's right of privacy” within the policy’s Insuring Agreement for Coverage Part B. Because there is no coverage under Coverage Part A, this leaves Coverage Part B – “Personal and advertising injury,” as the only other source of a duty to defend under the AMCO policies. The Insuring Agreement for Coverage Part B is the same in both policies, and provides in pertinent part: B. COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY 1. INSURING AGREEMENT a. We will pay those sums up to the applicable Limit of Insurance that the insured becomes legally obligated to pay Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 23 of 34 - 24 - as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages for which there is coverage under this policy. HOWEVER, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our sole discretion, investigate any offense and settle any claim or "suit" that may result. ... No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS – COVERAGES A AND B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. Ex.t B at 260; Ex. C at 282-83. The relevant part of the policies’ definition of “personal and advertising injury” in Section V is: 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: d. Oral or written publication, in any manner, of material that violates a person's right of privacy. Ex. B at 272; Ex. C at 294. The determinative issue for coverage under Coverage Part B is whether the alleged data security breach constitutes a “publication” within the meaning of the poli- cies’ definition of "personal and advertising injury." Although the AMCO policies do not define the term “publication,” the mere fact that a policy term is undefined does not make it ambiguous, where its meaning can be ascertained by looking at common defini- Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 24 of 34 - 25 - tions of the term. Heller v. Fire Ins. Exch., 800 P.2d 1006, 1009 (Colo. 1990); Travelers Indem. Co. v. Howard Elec. Co., 879 P.2d 431, 434 (Colo. App. 1994). “Publication” has a common legal meaning of “the act of declaring or announcing to the public,” BLACK’S LAW DICTIONARY 1242 (7th ed. 1999), and of “to make public; to make known to people in general; to bring before public; to exhibit, display, disclose or reveal.” BLACK’S LAW DICTIONARY 1227 (6th ed. 1990). The Sixth edition of Black’s also defines “publication” to include “The act of publishing anything; offering it to public notice. Or rendering it accessible to public scrutiny. An advising of the public; a making known of something to them for a purposes.” Id. Lay dictionaries offer similar definitions. Merriam-Webster defines “publication” as “the act or process of publishing” and as “a published work.” MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY 944 (10th ed.1993). The term “publish” is defined as “to make generally known,” “to make public announcement of,” “to disseminate to the public,” and “to produce or release for distribution.” Id. The American Heritage Dictionary defines “publication” as “the act or process of publishing matter in print or electronic form,” “an issue of printed or electronic matter, such as a book or magazine, offered for distribution or sale,” and “communication of information to the public.” AMERICAN HERITAGE DIC- TIONARY OF THE ENGLISH LANGUAGE (2016). In Park Univ. Enterps., Inc. v. American Cas. Co. of Reading, PA, 442 F.3d 1239, 1250 (10th Cir. 2006), this Court construed the term “publication” in an advertising injury policy in favor of the insured, holding that “it is entirely reasonable to define publication as making something generally known.” In so holding the Court considered the definit- Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 25 of 34 - 26 - ion of “publication” as “the act of bringing before the public; announcement” in RANDOM HOUSE UNABRIDGED DICTIONARY 1563 (2d ed. 1987), and as “the action of making some- thing generally known; public declaration or announcement” in NEW SHORTER OXFORD ENGLISH DICTIONARY 2405 (1993). Park Univ., 442 F.3d at 1250. Hence, this Court has recognized that, even when construed in favor of the insured, the policy term “public- ation” connotes “making something generally known.” In the context of the tort of invasion of privacy, the Colorado Supreme Court in Robert C. Ozer, P.C. v. Borquez, 940 P.2d 371 (Colo. 1997) has held that the kind of “publication” required to support a claim for invasion of privacy based on unreasonable publicity given to one's private life is that a “disclosure be made to the public. The re- quirement of public disclosure connotes publicity, which requires communication to the public in general or to a large number of persons, as distinguished from one individual or a few.” Id. at 377 (citations omitted). “Although the disclosure must be made to the general public or to a large number of persons, there is no threshold number which con- stitutes ‘a large number’ of persons. Rather, the facts and circumstances of a particular case must be taken into consideration in determining whether the disclosure was suf- ficiently public so as to support a claim for invasion of privacy.” Id. at 378. The Court dis- tinguished “publication” of material that invades a right to privacy from “publication” of material that is defamatory: Public disclosure connotes publicity, and the term "publicity" is distinct from the term "publication." The term "publicity" requires communication to the public in general or to a large number of persons rather than to just one individual or a few. In contrast, the term "publication," as it is applied in defamation claims, "is a word of art, which includes any communication by the defendant to a third person." [Citations omitted]. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 26 of 34 - 27 - Id. at 379.6 Cf. Card v. Blakeslee, 937 P.2d 846, 850 (Colo. App. 1996) (“Publication of a defamatory matter is its communication intentionally or by a negligent act to one other than the person defamed.”); COLO. REV. STAT. § 13-25-125.5 (“No action for libel or slander may be brought or maintained unless the party charged with such defamation has published, either orally or in writing, the defamatory statement to a person other than the person making the allegation of libel or slander.”). Thus, in Ozer, the Court held that a jury instruction on the meaning of “public- ation” applicable in defamation cases (“A statement is ‘published’ when it is communi- cated orally to and is understood by some person other than the plaintiff”) was errone- ous in the context of an invasion of privacy case because it did not include the “public disclosure requirement” that the statement be disclosed “to a large number of persons or the general public.” Id. The Court concluded that the terms "publication," as used in the defamation context, and "publicity," as used in the invasion of privacy context, “are not interchangeable.” Ozer, 940 P.2d at 379. There is no allegation in the Engl Amended Complaint that Engl’s or Plaintiffs’ other customers’ financial information was published to “a large number of persons or the general public” as Ozer requires to state a claim for invasion of privacy, or that it was made “generally known,” as this Court defined “publication” in Park Univ., 442 F.3d at 1250. Even assuming that “publication” has the same meaning in the invasion of pri- 6Similarly, in the context of a liberty interest claim under 42 U.S.C. § 1983, "pub- lication" is accorded its ordinary meaning of "to be made public"; a communication that has not been made public cannot form the basis of a liberty interest claim. Harrison v. Bd. of County Commrs., 775 F.Supp. 365, 367 (D. Colo. 1991). Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 27 of 34 - 28 - vacy context that it does in the defamation context—i.e., a communication to a third person—the Engl Amended Complaint does not allege facts that fit within this definition of “publication.” It does not even use the word “publish” or “publication” to describe the data security breach. Instead, the Engl Amended Complaint repeatedly alleges that the data breach re- sulted from a “theft” (Ex. A at ¶¶ 2, 28), or that the data was “illegally accessed and stolen by criminals.” (Ex. A at ¶ 75). See also id. at ¶ 12 (“Plaintiff had his sensitive financial information stolen as a result of NGVC’s inadequate security.”); id. at ¶ 14 (“Plaintiff’s personal and financial information was stolen by criminals in the course of their attack on NGVC’s inadequately secured electronic system.”); id. at ¶ 25 (“cards stolen in the NGVC breach are being sold on the black market.”); id. at ¶ 45 (Engl’s credit information was “stolen in the data breach at NGVC.”); id. at ¶ 75 (“NGVC instead handled Plaintiff’s ... information in such a manner that it was illegally accessed and stolen by criminals.”) (emphasis added). The Engl Amended Complaint also alleges inadequate “handling” of customers’ private data that resulted in theft and transmission by third parties of that information on the “black market.” (Ex. A at ¶ 25). Nothing in the Engl Amended Complaint alleges that Plaintiffs themselves took any voluntary or affirmative act to disseminate customer fin- ancial information; every allegation stresses that any alleged dissemination was ac- complished by sophisticated hackers and was therefore involuntary on Plaintiffs’ part. No legal precedent holds that the accessing or transmission of private informa- tion by criminal third parties constitutes a “publication” by an insured. The decision Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 28 of 34 - 29 - resolving the Sony data breach case is directly on point. In Zurich American Ins. Co. v. Sony Corp. of Amer., No. 651982/2011 (N.Y. Sup. Ct., Feb. 21, 2014), a New York trial court held that theft of data, committed by a third party, does not satisfy the publication requirement under Coverage Part B. See Transcript of Record (Exhibit D), Zurich Am. Ins. Co. v. Sony Corp. of Am., 2014 N.Y. Misc. LEXIS 5141 (Sup. Ct. No. 651982/ 2011, Feb. 21, 2014), appeal withdrawn, 6 N.Y.S.3d 915 (App. Div., Apr. 30, 2015). In Zurich, hackers stole personally identifiable information from PlayStation users after the hackers bypassed Sony’s security protecting this information. Sony sought coverage from its insurer, arguing that the hackers’ unauthorized access to the personal information constituted a “publication” that violated its users’ privacy rights. The policies contained language identical to the AMCO Policies, defining “personal and advertising injury” to include Paragraph E, “oral or written publication, in any manner, of material that violates a person’s right of privacy.” The court found there was no “publication” under Paragraph E, which requires some kind of act or conduct by the policyholder in order for coverage to be present. In the hearing transcript, Judge Jeffrey Oing states: “my finding is that there was no act or conduct perpetrated by Sony, but it was done by third-party hackers illegally breaking into that security system. And that alone does not fall under paragraph E’s coverage.” See Ex. D at 80:20-24. Similarly here, there has been no “publication” within the scope of Paragraph E where the underlying complaint alleges that customer information was illegally accessed by sophisticated hackers rather than through any voluntary acts by Plaintiffs. That the alleged data breach did not constitute a “publication” can be shown by a Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 29 of 34 - 30 - thought experiment. Suppose that instead of maintaining their customers’ financial in- formation electronically, Plaintiffs kept the information on paper records inside a locked vault. Someone then breaks into the vault and steals the paper records. Because this would not be considered a “publication” of the information by Plaintiffs, neither can the breach of an electronic “vault” where the information was maintained. Plaintiffs are nonetheless expected to contend that contend the theft of their cus- tomers’ financial data constitutes a “publication,” relying on Travelers Indem. Co. v. Portal Healthcare Solutions, LLC, 2016 U.S. App. LEXIS 6554 (4th Cir. 2016) (affirming 35 F.Supp.3d 765 (E.D. Va. 2014)). Both the facts and policy language at issue in the opinion by the district court are distinguishable. In that case, Travelers had issued two policies to Portal Healthcare Solutions, which was in the business of maintaining elec- tronic medical records for hospitals, clinics, and medical providers. Portal Healthcare, 35 F.Supp.3d at 767. The first policy provided coverage for damages because of injury arising from the “electronic publication of material ... that gives unreasonable publicity to a person’s private life.” The second policy provided coverage for damages because of injury arising from the “electronic publication of material that ... discloses information about a person’s private life.” Id. Portal Healthcare posted patients’ medical records on the Internet without a security restriction and thereby caused them to become publicly accessible by anyone through a simple Google search. Id. at 768. The district court relied on a definition of “publication” from Webster’s Third New International Dictionary as “to place before the public (as through a mass medium).” Id. at 770. According to the district court, “[e]xposing medical records to the online search- Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 30 of 34 - 31 - ing of a patient’s name, followed by a click on the first result, at least ‘potentially or arguably’ places those records before the public.” Id. The Fourth Circuit upheld the dist- rict court’s decision because the company’s own act of making medical records avail- able online without a security restriction constituted a “publication” under the policies’ terms. While the insured may have unintentionally posted this private information on the Internet, it was undeniable that it was the company’s voluntary or affirmative actions that caused the information to be “published” to the general public, unlike what is alleged in the Engl Amended Complaint. Because the Engl First Amended Complaint does not allege that there was any publication by Plaintiffs of material that violated anyone’s right of privacy, but rather that the information was hacked and stolen, it fails to allege any predicate offense within the definition of “personal and advertising injury” and thus under the Insuring Agreement for Coverage Part B of the AMCO policies. To the extent Plaintiffs’ Complaint also seeks a defense to the Engl Amended Complaint under Coverage Part B, it, too, should be dismissed for failure to state a claim for relief. VII. Because there is no coverage for the Engl Amended Complaint under AMCO’s policies, Plaintiffs’ bad faith claims fail as a matter of law. In addition to their breach of contract and declaratory judgment claims, Plaintiffs’ Complaint also asserts claims for common-law bad faith breach of insurance contract and for statutory penalties under Colo. Rev. Stat. § 10-3-1116. (Doc. 1 at ¶¶ 34-50). If, however, there is no coverage for the Engl Amended Complaint under the AMCO policies, then Plaintiffs’ common-law bad faith and statutory penalty claims must be dis- missed as well. Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 31 of 34 - 32 - Where the insured is not entitled to recover benefits, as where an insurance policy provides no coverage for a claim, the insurer cannot be liable for bad faith refusal to pay the claim. See MarkWest Hydrocarbon, Inc. v. Liberty Mut. Ins. Co., 558 F.3d 1184, 1193 (10th Cir. 2009) (“It is settled law in Colorado that a bad faith claim must fail if, as is the case here, coverage was properly denied and the plaintiff’s only claimed damages flowed from the denial of coverage.”); Berry & Murphy, P.C. v. Carolina Cas. Ins. Co., 586 F.3d 803, 815 (10th Cir. 2009); Landmark American Ins. Co. v. VO Remar- keting Corp., 619 Fed. Appx. at 714; Gerald H. Phipps, Inc. v. Travelers Prop. Cas. Co., 2016 U.S. Dist. LEXIS 2939, *17-*18 (D. Colo., Jan. 8, 2016) (same; dismissing statu- tory penalty claim under § 10-3-1116 because of lack of coverage); Farmers Alliance Mut. Ins. Co. v. Cutrone, 448 F.Supp.2d 1226, 1234 (D. Colo. 2006) (“Summary judg- ment in favor of an insurance company is appropriate for bad faith breach of insurance contract claims when a court determines that the insurance contract does not provide coverage for the underlying facts.”). Accord: Weitz Co., LLC v. Mid-Century Ins. Co., 181 P.3d 309, 315 (Colo. App. 2007); Leprino v. Nationwide Prop. & Cas. Ins. Co., 89 P.3d 487, 492 (Colo. App. 2003); Tynan’s Nissan, Inc. v. American Hardware Mut. Ins. Co., 917 P.2d 321, 326 (Colo. App. 1995); Jarnagin v. Banker’s Life and Cas. Co., 824 P.2d 11, 15 (Colo. App. 1991). Accordingly, to the extent the Court determines there is no coverage for the Engl Amended Complaint under AMCO’s policies, Plaintiffs’ common-law bad faith and statu- tory penalty claims must also be dismissed. WHEREFORE, Defendant AMCO Insurance Company respectfully requests the Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 32 of 34 - 33 - Court to enter an order dismissing Plaintiffs’ Complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted, and to grant such other and further relief as the Court deems just and proper. Respectfully submitted this 26th day of October, 2016, s/John M. Palmeri John M. Palmeri Christa Lee Rock Katelyn S. Werner GORDON & REES LLP 555 17th Street, Suite 3400 Denver, Colorado 80202 jpalmeri@gordonrees.com crock@gordonrees.com kwerner@gordonrees.com Attorneys for Defendant AMCO Insurance Company Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 33 of 34 - 34 - CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 26th day of October, 2016, a copy of the foregoing DEFENDANT AMCO INSURANCE COMPANY’S RULE 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM was electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such to the following: Jose A. Ramirez, Esq. Catherine Crane, Esq. HOLLAND & HART LLP 6380 S. Fiddlers Green Circle, Suite 500 Greenwood Village, CO 80111 jramirez@hollandhart.com ccrane@hollandhart.com s/Linda Bustos Linda Bustos Case 1:16-cv-01326-RPM Document 6 Filed 10/26/16 USDC Colorado Page 34 of 34 EXHIBIT A to Defendant AMCO Insurance Company’s Rule 12(b)(6) Motion to Dismiss Natural Grocers v. AMCO Insurance Company Case No.: 16-cv-01326-RPM-MJW Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC Colorado Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:15-cv-02129-MSK-NYW BERNHARD ENGL, individually and on behalf of all others similarly situated, Plaintiff, v. NATURAL GROCERS BY VITAMIN COTTAGE, INC., a Delaware corporation, and VITAMIN COTTAGE NATURAL FOOD MARKETS, INC., a Colorado corporation, Defendants. FIRST AMENDED CLASS ACTION COMPLAINT Jury Trial Demanded Plaintiff Bernhard Engl (“Plaintiff”) brings this First Amended Class Action Complaint against Defendants Natural Grocers by Vitamin Cottage, Inc., and Vitamin Cottage Natural Food Markets, Inc., (collectively, “Defendants” or “NGVC”), individually and on behalf of all others similarly situated, and complains and alleges upon personal knowledge as to himself and his own acts and experiences, and, as to all other matters, upon information and belief, including investigation conducted by his attorneys. I. NATURE OF THE ACTION 1. This action seeks redress for NGVC’s failure to secure and safeguard its customers’ personal and financial data, including credit and debit card information. 2. On March 2, 2015, NGVC disclosed a data breach involving the theft of customers’ credit-card and debit-card data with an unknown number of compromised customer accounts (the “Security Breach”). While NGVC has not yet disclosed how many of its 95 store Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 1 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 2 of 26 - 2 - locations were affected by the breach, a source with inside knowledge of the breach revealed that hackers attacked a weakness in NGVC’s database in December 2014, and from there, planted card-snooping malware in the grocer’s point-of-sale systems. 3. NGVC’s security failure enabled hackers to steal financial data from within NGVC’s systems and subsequently make unauthorized purchases on consumers’ credit and debit cards, while otherwise putting Class members’ financial information at serious and ongoing risk. The hackers continue to use the information they obtained as a result of NGVC’s inadequate security to exploit consumers and Class members throughout the country. 4. The Security Breach was caused and enabled by NGVC’s knowing violation of its obligations to abide by best practices and industry standards in protecting customers’ personal information. NGVC failed to comply with security standards and allowed their customers’ financial information to be compromised, all in an effort to save money by cutting corners on security measures that could have prevented or mitigated the Security Breach that occurred. NGVC knew that its nondisclosure of its deficient data security practices would deceive its customers into believing that NGVC had implemented appropriate data security in connection with accepting, processing, and holding their financial information. 5. NGVC has also failed to disclose the extent of the Security Breach and notify its affected customers in a timely manner. NGVC failed to take other reasonable steps to clearly and conspicuously inform its customers of the nature and extent of the Security Breach. By failing to provide adequate notice, NGVC prevented (and continues to prevent) Class members from protecting themselves from the Security Breach. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 2 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 3 of 26 - 3 - 6. Accordingly, Plaintiff, on behalf of himself and other members of the Class, asserts claims for breach of implied contract and violation of the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-101, et seq., and seeks monetary damages, injunctive relief, and all other relief as authorized in equity or by law. II. JURISDICTION AND VENUE 7. This Court has original jurisdiction pursuant to 28 U.S.C. §1332(d)(2). In the aggregate, Plaintiff’s claims and the claims of the other members of the Class exceed $5,000,000 exclusive of interest and costs, and there are numerous class members who are citizens of States other than Defendants’ State of citizenship. 8. This Court has personal jurisdiction over Defendants because both companies are registered with the Colorado Secretary of State to conduct business in the State of Colorado, and do conduct substantial business in the State of Colorado, such that Defendants have significant continuous and pervasive contacts with the State of Colorado. Defendants also maintain numerous store locations in the State of Colorado, including multiple stores compromised in the Security Breach. 9. Venue is proper in this District pursuant to 28 U.S.C. §1391(b)(1), (2) and 1391(c) as Defendants are deemed to reside in this judicial district because they are subject to personal jurisdiction here; and a substantial part of the events and/or omissions giving rise to the claims emanated from activities within this jurisdiction. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 3 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 4 of 26 - 4 - III. PARTIES Plaintiff 10. Plaintiff Bernhard Engl is a citizen of Colorado and resides in El Paso County, Colorado. 11. Plaintiff routinely shops at NGVC. On average, he purchases groceries from his local NGVC store approximately once a week. 12. Between December 2014 and March 2015, Plaintiff shopped at an NGVC store located in Colorado Springs on various occasions, using his credit card to pay for his purchases. NGVC collected his personal and financial information when Plaintiff engaged in credit card transactions at NGVC’s stores. Each time Plaintiff made a purchase at an NGVC store, he entered into an implied contract with NGVC for the adequate protection of his credit card information. Plaintiff had his sensitive financial information stolen as a result of NGVC’s inadequate security. 13. On March 2, 2015, and March 4, 2015, respectively, NGVC announced on its website that its security system had been hacked and that “customer payment card data” had been compromised. 14. Plaintiff’s personal and financial information was stolen by criminals in the course of their attack on NGVC’s inadequately secured electronic system. 15. Plaintiff’s credit card was cancelled as a result of NGVC’s failure to protect his personal and financial information. Indeed, within just a few days of NGVC’s announcements, on March 8, 2015, Plaintiff’s Visa credit card was declined when he attempted to use it at a gas Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 4 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 5 of 26 - 5 - station. He immediately contacted his credit card company and learned that his card had been cancelled due to fraudulent activity on his card. 16. Plaintiff’s cancelled card was on file with Gold’s Gym in order to automatically pay Plaintiff’s membership fees there when due. As a result of NGVC’s deficient data security and the cancellation of Plaintiff’s credit card, Plaintiff incurred and paid monetary penalties of $25 with Gold’s Gym when his card was declined for automatic payment. 17. In order to protect himself from further harm, Plaintiff called his other credit card companies and cancelled his other cards. 18. In addition, Plaintiff spent time reviewing both his and his wife’s credit card statements to ensure that they had not incurred any fraudulent charges. 19. Beyond the monetary losses Plaintiff incurred as a result of NGVC’s actions, Plaintiff spent hours of his own time attempting to remedy the harm caused him and attempting to prevent future harm. 20. Plaintiff’s cancelling of his other cards, reviewing his and his wife’s credit card statements for fraudulent charges, and spending hours of time addressing his credit were all necessitated by NGVC’s failure to properly protect his personal and financial information, thereby allowing hackers to access and steal it from NGVC’s electronic system. Defendants 21. Defendant Natural Grocers by Vitamin Cottage, Inc. is a publicly traded company organized under the laws of Delaware. Its headquarters and principal place of business are located in Lakewood, Colorado. The company operates over 90 grocery stores located in 15 states through its wholly-owned subsidiary, Vitamin Cottage Natural Food Markets, Inc. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 5 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 6 of 26 - 6 - 22. Defendant Vitamin Cottage Natural Food Markets, Inc. is a privately held corporation organized under the laws of Colorado. The company’s headquarters and principal place of business are located in Lakewood, Colorado, and it is a wholly-owned subsidiary of Defendant Natural Grocers by Vitamin Cottage, Inc. IV. FACTUAL BACKGROUND The Data Breach 23. NGVC operates a chain of over 90 grocery stores in 15 states. Like many other grocery stores, NGVC accepts debit and credit card payments. 24. An untold number of consumers became the victims of a data breach when their personal and financial information was taken from NGVC’s payment card information systems as a result of malicious software. According to its press release, NGVC is continuing to investigate the breach, although it has concluded that its customers’ payment card information was compromised.1 NGVC’s investigation of the breach remains ongoing, and it has yet to provide any information about the scope of the breach and the number of affected consumers. 25. Although NGVC’s press release did not disclose the date on which the breach occurred, one report indicates that the breach dated back to before Christmas of 2014, and that cards stolen in the NGVC breach are being sold on the black market.2 1 Statement on Recent Payment Card Security Incident (March 4, 2015), https://www.naturalgrocers.com/about/news/company-news/statement-on-recent-payment-card- security-incident/ (last visited Dec. 16, 2015). 2 “Perhaps they aren’t reporting the fraud to Natural Grocer, but banking sources have told this author about a pattern of card fraud indicating cards stolen from the retailer are already on sale in the cybercrime underground.” Brian Krebs, Natural Grocers Investigating Card Breach (March 2, 2015), http://krebsonsecurity.com/2015/03/natural-grocers-investigating-card- breach/ (last visited Dec. 16, 2015). Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 6 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 7 of 26 - 7 - 26. NGVC’s failure to comply with reasonable security standards provided NGVC with short-term and fleeting benefits in the form of saving on the costs of compliance, but at the expense and to the severe detriment of NGVC’s own customers—including Class members here—who have been subject to the Security Breach or otherwise have had their financial information placed at serious and ongoing risk. 27. NGVC is a large and sophisticated operation. In fiscal year 2014 alone, Natural Grocers by Vitamin College, Inc. in particular had net sales of $520.7 million.3 It also has its own Information Systems department and legal staff.4 Accordingly, at all relevant times, NGVC has been aware of the deficiencies in the data security systems at its stores and has knowingly failed to disclose those deficiencies to its customers. 28. NGVC allowed widespread and systematic theft of its customers’ personal and financial information, including Plaintiff’s. NGVC’s actions did not come close to meeting the standards of commercially reasonable steps that should be taken to protect customers’ personal and financial information. Security Breaches Lead to Identity Theft 29. The United States Government Accountability Office noted in a June 2007 report on Data Breaches (“GAO Report”) that identity thieves use personal identifying data to open financial accounts, receive government benefits and incur charges and credit in a person’s name.5 3 Natural Grocers 2014 Annual Report, available at http://investors.naturalgrocers.com/2014AnnualReport (last visited Dec. 17, 2015). 4 See https://www.naturalgrocers.com/about/careers/home-office-jobs/ (last visited Dec. 17, 2015). 5See http:///www.gao.gov/new.items/d07737.pdf (last visited Dec. 16, 2015). Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 7 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 8 of 26 - 8 - As the GAO Report states, this type of identity theft is the most harmful because it may take some time for the victim to become aware of the theft and can adversely impact the victim’s credit rating. In addition, the GAO Report states that victims of identity theft will face “substantial costs and inconveniences repairing damage to their credit records . . . [and their] good name.” 30. According to the Federal Trade Commission (“FTC”), identity theft wreaks havoc on consumers’ finances, credit history and reputation and can take time, money and patience to resolve.6 Identity thieves use stolen personal information for a variety of crimes, including credit card fraud, phone or utilities fraud, and bank/finance fraud.7 31. A person whose personal information has been compromised may not see any signs of identity theft for years. According to the GAO Report: [L]aw enforcement officials told us that in some cases, stolen data may be held for up to a year or more before being used to commit identity theft. Further, once stolen data have been sold or posted on the Web, fraudulent use of that information may continue for years. As a result, studies that attempt to measure the harm resulting from data breaches cannot necessarily rule out all future harm. 6See Taking Charge, What to Do If Your Identity is Stolen, FTC, 3 (2012), http://www.consumer.ftc.gov/articles/pdf-0009-taking-charge.pdf (last visited Dec. 16. 2015). 7 The FTC defines identity theft as “a fraud committed or attempted using the identifying information of another person without authority.” 16 CFR § 603.2. The FTC describes “identifying information” as “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including, among other things, “[n]ame, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number. Id. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 8 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 9 of 26 - 9 - The Monetary Value of Privacy Protections 32. At a FTC public workshop in 2001, then-Commissioner Orson Swindle described the value of a consumer’s personal information as follows: The use of third party information from public records, information aggregators and even competitors for marketing has become a major facilitator of our retail economy. Even [Federal Reserve] Chairman [Alan] Greenspan suggested here some time ago that it’s something on the order of the life blood, the free flow of information.8 33. Though Commissioner Swindle’s remarks are more than a decade old, they are even more relevant today, as consumers’ personal data functions as a “new form of currency” that supports a $26 billion per year online advertising industry in the United States.9 34. The FTC has also recognized that consumers’ data is a new—and valuable—form of currency. In a recent FTC roundtable presentation, another former Commissioner, Pamela Jones Harbour, underscored this point by observing: Most consumers cannot begin to comprehend the types and amount of information collected by businesses, or why their information may be commercially valuable. Data is currency. The larger the data set, the greater potential for analysis – and profit.10 8 The Information Marketplace: Merging and Exchanging Consumer Data, https://www.ftc.gov/sites/default/files/documents/public_events/information-marketplace- merging-and-exchanging-consumer-data/transcript.pdf (last visited Dec. 16, 2015). 9 See Web’s Hot New Commodity: Privacy, http://online.wsj.com/article/SB10001424052748703529004576160764037920274.html (last visited Dec. 16, 2015). 10 Statement of FTC Commissioner Pamela Jones Harbour (Remarks Before FTC Exploring Privacy Roundtable), https://www.ftc.gov/sites/default/files/documents/public_statements/remarks-ftc-exploring- privacy-roundtable/091207privacyroundtable.pdf (last visited Dec. 16, 2015). Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 9 of 25Case :16-cv-01326-RPM Document 6-1 Filed 10/26 16 USDC Colorado Page 10 of 26 - 10 - 35. Recognizing the high value that consumers place on their personally identifiable information (“PII”), many companies now offer consumers an opportunity to sell this information to advertisers and other third parties. The idea is to give consumers more power and control over the type of information that they share—and who ultimately receives that information. And by making the transaction transparent, consumers will make a profit from the surrender of their PII.11 This business has created a new market for the sale and purchase of this valuable data.12 36. Consumers place a high value not only on their PII, but also on the privacy of that data. Researchers have already begun to shed light on how much consumers value their data privacy—and the amount is considerable. Indeed, studies confirm that “when [retailers’] privacy information is made more salient and accessible, some consumers are willing to pay a premium to purchase from privacy protective websites.”13 37. Notably, one study on website privacy determined that U.S. consumers valued the restriction of improper access to their personal information—the very injury at issue here— between $11.33 and $16.58 per website.14 11 You Want My Personal Data? Reward Me for It, http://www.nytimes.com/2010/07/18/business/18unboxed.html (last visited Dec. 16, 2015). 12 See Web’s Hot New Commodity: Privacy, http://online.wsj.com/article/SB10001424052748703529004576160764037920274.html (last visited Dec. 16, 2015). 13 Hann et al., The Value of Online Information Privacy: An Empirical Investigation (Mar. 2003) at 2, available at http://www.comp.nus.edu.sg/~ipng/research/privacy.pdf (emphasis added) (last visited Dec. 16, 2015); Tsai, Cranor, Acquisti, and Egelman, The Effect of Online Privacy Information on Purchasing Behavior, 22(2) Information Systems Research 254, 254 (June 2011). 14 Id. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 10 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 11 of 26 - 11 - 38. Given these facts, any company that transacts business with a consumer and then compromises the privacy of consumers’ PII has thus deprived that consumer of the full monetary value of the consumer’s transaction with the company. 39. In addition, members of the payment card industry (“PCI”) established a Security Standards Counsel (“PCI SSC”) in 2006 to develop PCI Data Security Standards (“PCI DSS”) for increased security of payment processing systems. 40. The PCI DSS provides, “PCI DSS applies to all entities involved in payment card processing—including merchants.”15 NGVC is a merchant that accepts payment cards. 41. The PCI DSS requires a merchant to, among other things, protect cardholder data, maintain a vulnerability management program, implement strong access control measures, and regularly monitor and test networks. 42. NGVC failed to comply with the PCI DSS, resulting in the Security Breach. Information Contained In Credit Card’s Magnetic Stripe 43. The magnetic stripe on the backs of credit cards contains three tracks of data. The first and second tracks are encoded with information about the cardholder’s account, such as their credit card number, full name, the card’s expiration date, and the country code. Additional information can be stored in the third track.16 15 Requirements and Security Assessment Procedures, Version 3.0, Payment Card Industry Data Security Standard, at 5 (Nov. 2013), https://www.pcisecuritystandards.org/documents/PCI_DSS_v3.pdf (last visited Dec. 16, 2015). 16 Jeremy M. Simon, How credit cards work, CREDITCARDS.COM (Mar. 30, 2007), http://www.creditcards.com/credit-card-news/how-credit-cards-work-1268.php (last visited Dec. 16, 2015). Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 11 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 12 of 26 - 12 - 44. Data breaches at grocery stores regularly involve names, card numbers, expiration dates, and security codes.17 45. On information and belief, Plaintiff’s first name, last name, credit card number, card expiration date, and security code were stolen in the data breach at NGVC. Damages Sustained By Plaintiff and the Class 46. Retailers like NGVC know that customers like Plaintiff and Class members would not purchase a retailer’s goods if customers knew that such a retailer had not implemented sufficient data security measures to protect customers’ personal and financial information. 47. A portion of the services purchased from NGVC by Plaintiff and the Class necessarily included compliance with industry-standard measures with respect to the collection and safeguarding of PII, including their credit and debit card information. Because Plaintiff and the Class were denied privacy protections that they paid for and were entitled to receive, Plaintiff and the Class incurred actual monetary damages in that they overpaid for the products purchased from NGVC. 48. Members of the Class have suffered additional injury in fact and actual damages including monetary losses arising from unauthorized bank account withdrawals and/or related bank fees charged to their accounts. 17 See Possible Data Breach At ACME Stores In Pa, NJ, Del., ABC (Sept. 30, 2014), http://6abc.com/shopping/possible-data-breach-at-acme-stores-in-pa-nj-del/329670/ (last visited Dec. 16, 2015); Jaikumar Vijayan, Grocery stores in multiple states hit by data breach, COMPUTERWORLD (Aug. 15, 2014, 1:29 PM), http://www.computerworld.com/article/2491234/cybercrime-hacking/grocery-stores-in-multiple- states-hit-by-data-breach.html (last visited Dec. 16, 2015); Jose Pagliery, Albertson’s stores hacked for credit card data, CNN (Aug. 15, 2014, 11:48 AM), http://money.cnn.com/2014/08/15/technology/security/albertsons-supervalu-hack/ (last visited Dec. 16, 2015). Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 12 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 13 of 26 - 13 - 49. Plaintiff and the Class suffered additional damages arising from the costs associated with identity theft and the increased risk of identity theft caused by NGVC’s wrongful conduct, particularly given the incidents of actual misappropriation from Class members’ financial accounts, as detailed above. 50. Plaintiff and Class members also suffered monetary penalties as a result of the failure of cards on file with third-party vendors to make automatic payment after being cancelled as a result of the Security Breach. 51. After the breach, NGVC provided certain payment card numbers to the major credit card brands, requested that they monitor those cards for fraudulent activity, and if necessary, notify their customers of any suspicious charges.18 Yet there is no indication that NGVC actually notified the potentially-affected customers themselves. Moreover, as explained above, fraudulent use of cards might not be apparent for years. Therefore, consumers must expend considerable time taking these precautions for years to come. 52. Plaintiff and the Class suffered additional damages based on the opportunity cost and value of time that Plaintiff and the Class have been forced to expend to monitor their financial and bank accounts as a result of the Security Breach. Such damages also include the cost of obtaining replacement credit and debit cards. 18 Statement on Recent Payment Card Security Incident (March 4, 2015), available at https://www.naturalgrocers.com/about/news/company-news/statement-on-recent-payment-card- security-incident/ (last visited Dec. 16, 2015). Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 13 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 14 of 26 - 14 - V. CLASS ACTION ALLEGATIONS 53. Plaintiff brings Count I, as set forth below, on behalf of himself and as a class action, pursuant to the provisions of Rule 23 of the Federal Rule of Civil Procedure on behalf of a class defined as: All persons residing in the United States who made an in-store purchase at a NGVC store using a debit or credit card at any time from December 25, 2014 through March 4, 2015 (the “National Class”). Excluded from the National Class are Defendants and their affiliates, parents, subsidiaries, employees, officers, agents, and directors. Also excluded is any judicial officer presiding over this matter and the members of their immediate families and judicial staff. 54. Plaintiff brings Count II, as set forth below, on behalf of himself as a class action, pursuant to the provisions of Rule 23 of the Federal Rules of Civil Procedure on behalf of a class defined as: All persons residing in the State of Colorado who made an in-store purchase at a NGVC store using a debit or credit card at any time from December 24, 2014 through March 4, 2015 (the “Colorado Class”). Excluded from the Colorado Class are Defendants and their affiliates, parents, subsidiaries, employees, officers, agents, and directors. Also excluded is any judicial officer presiding over this matter and the members of their immediate families and judicial staff. 55. The National Class and Colorado Class are collectively referred to as the “Class,” unless specifically indicated otherwise. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 14 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 15 of 26 - 15 - 56. Certification of Plaintiff’s claims for class-wide treatment is appropriate because Plaintiff can prove the elements of his claims on a class-wide basis using the same evidence as would be used to prove those elements in individual actions alleging the same claims. 57. Numerosity – Federal Rule of Civil Procedure 23(a)(1). The members of the Class are so numerous that their individual joinder herein is impracticable. On information and belief, Class members number in the thousands. The precise number of Class members and their addresses are presently unknown to Plaintiff, but may be ascertained from NGVC’s books and records. Class members may be notified of the pendency of this action by mail, email, Internet postings, and/or publication. 58. Commonality and Predominance – Federal Rule of Civil Procedure 23(a)(2) and 23(b)(3). Common questions of law and fact exist as to all Class members and predominate over questions affecting only individual Class members. Such common questions of law or fact include: a. Whether NGVC failed to use reasonable care and commercially reasonable methods to secure and safeguard its customers’ sensitive personal and financial information; b. Whether NGVC properly implemented its purported security measures to protect customer personal and financial information from unauthorized capture, dissemination, and misuse; c. Whether NGVC’s conduct violates the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-101, et seq.; d. Whether NGVC’s conduct constitutes breach of an implied contract; and Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 15 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 16 of 26 - 16 - e. Whether Plaintiff and the other members of the Class are entitled to damages, injunctive relief, or other equitable relief. 59. NGVC engaged in a common course of conduct giving rise to the legal rights sought to be enforced by Plaintiff, on behalf of himself and the other Class members. Similar or identical statutory and common law violations, business practices, and injuries are involved. Individual questions, if any, pale by comparison, in both quality and quantity, to the numerous common questions that dominate this action. 60. Typicality – Federal Rule of Civil Procedure 23(a)(3). Plaintiff’s claims are typical of the claims of the other Class members because, among other things, all Class members were comparably injured through NGVC’s uniform misconduct described above and were thus all subject to the Security Breach alleged herein. Further, there are no defenses available to NGVC that are unique to Plaintiff. 61. Adequacy of Representation – Federal Rule of Civil Procedure 23(a)(4). Plaintiff is an adequate Class representative because his interests do not conflict with the interests of the other Class members he seeks to represent; he has retained counsel competent and experienced in complex class action litigation; and Plaintiff will prosecute this action vigorously. The interests of the class will be fairly and adequately protected by Plaintiff and his counsel. 62. Insufficiency of Separate Actions – Federal Rule of Civil Procedure 23(b)(1). Absent a representative class action, members of the Class would continue to suffer the harm described herein, for which they would have no remedy. Even if separate actions could be brought by individual consumers, the resulting multiplicity of lawsuits would cause undue Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 16 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 17 of 26 - 17 - hardship and expense for both the Court and the litigants, as well as create a risk of inconsistent rulings and adjudications that might be dispositive of the interests of similarly situated purchasers, substantially impeding their ability to protect their interests, while establishing incompatible standards of conduct for NGVC. The proposed Class thus satisfies the requirements of Fed. R. Civ. P. 23(b)(1). 63. Declaratory and Injunctive Relief – Federal Rule of Civil Procedure 23(b)(2). NGVC has acted or refused to act on grounds generally applicable to Plaintiff and the other Class members, thereby making appropriate final injunctive relief and declaratory relief, as described below, with respect to the members of the Class as a whole. 64. Superiority – Federal Rule of Civil Procedure 23(b)(3). A class action is superior to any other available means for the fair and efficient adjudication of this controversy, and no unusual difficulties are likely to be encountered in the management of this class action. The damages or other financial detriment suffered by Plaintiff and the other Class members are relatively small compared to the burden and expense that would be required to individually litigate their claims against NGVC, so it would be impracticable for Class members to individually seek redress for NGVC’s wrongful conduct. Even if Class members could afford individual litigation, the court system could not. Individualized litigation creates a potential for inconsistent or contradictory judgments, and increases the delay and expense to all parties and the court system. By contrast, the class action device presents far fewer management difficulties, and provides the benefits of single adjudication, economy of scale, and comprehensive supervision by a single court. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 17 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 18 of 26 - 18 - VI. CLAIMS ALLEGED COUNT I Breach of Implied Contract (On Behalf of the National Class) 65. Plaintiff incorporates paragraphs 1-64 as if fully set forth herein. 66. NGVC’s customers who intended to make in-store purchases with debit or credit cards were required to provide their card’s magnetic stripe data for payment verification. 67. In providing such personal and financial data, Plaintiff and the other members of the Class entered into an implied contract with NGVC whereby NGVC became obligated to reasonably safeguard Plaintiff’s and the other Class members’ sensitive, non-public information. 68. NGVC breached the implied contract with Plaintiff and the other members of the Class by failing to take reasonable measures to safeguard their personal and financial data. 69. Plaintiff and the other Class members suffered and will continue to suffer damages including, but not limited to: (a) unauthorized charges on their debit and credit card accounts; (b) payment of monetary penalties from third party vendors for failure of debit and/or credit cards to make automatic payment because of the cards’ cancellation; (c) theft of their personal and financial information; (d) costs associated with the detection and prevention of identity theft and unauthorized use of their financial accounts; (e) costs associated with time spent and the loss of productivity from taking time to address and attempt to ameliorate and mitigate the actual and future consequences of the NGVC data breach, including, without limitation, finding fraudulent charges, cancelling and reissuing cards, and the stress, nuisance, and annoyance of dealing with all issues resulting from the NGVC data breach; (f) the imminent and certainly impending injury flowing from potential fraud and identify theft posed Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 18 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 19 of 26 - 19 - by their credit card, debit card, and personal information being placed in the hands of criminals and being already misused via the sale of consumers’ information on the Internet card black market; (g) damages to and diminution in value of their personal and financial information entrusted to NGVC for the purpose of purchasing products from NGVC and with the understanding that NGVC would safeguard their data against theft and not allow access and misuse of their data by others; and (h) the continued risk to their personal information, which remains in the possession of NGVC and which is subject to further breaches so long as NGVC fails to undertake appropriate and adequate measures to protect data in its possession. COUNT II Violation of the Colorado Consumer Protection Act (On Behalf of the Colorado Class) 70. Plaintiff incorporates paragraphs 1-64 as if fully set forth herein. 71. NGVC failed to disclose the material fact that its computer systems and data security practices were inadequate to safeguard customers’ personal and financial data from theft. 72. NGVC knew at all relevant times that its data security practices were inadequate to safeguard customers’ personal and financial data from theft. 73. Plaintiff and the other members of the Class were deceived by NGVC’s failure to properly implement adequate, commercially reasonable data security practices to protect their personal and financial information while shopping at NGVC. 74. NGVC intended for Plaintiff and the other members of the Class to rely on NGVC to protect the information furnished to it in connection with their debit and credit card transactions, in such manner that the transactions would be protected, secure, and not susceptible Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 19 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 20 of 26 - 20 - to access from unauthorized third parties. NGVC knew that if it disclosed its deficient data security practices that Plaintiff and Class members would not have purchased goods from NGVC. 75. NGVC instead handled Plaintiff’s and the other Class members’ personal information in such a manner that it was illegally accessed and stolen by criminals. 76. NGVC failed to follow industry best practices concerning data theft or was negligent in preventing such data theft from occurring. 77. It was foreseeable that NGVC’s willful indifference or negligent course of conduct in handling its customers’ personal information would put that information at risk of theft by data thieves. 78. NGVC benefited from mishandling its customers’ personal information because, by not taking preventative measures that would have prevented the data from being stolen, NGVC saved on the cost of those security measures. 79. NGVC’s fraudulent and deceptive acts and omissions were intended to induce, and did induce, Plaintiff’s and the other Class members’ reliance on NGVC’s deception that Plaintiff’s and Class members’ personal and financial information was secure and protected when using debit and credit cards to shop at NGVC. 80. By engaging in such conduct and omissions of material facts, NGVC violated Colo. Rev. Stat. §6-1-101, et seq. in various ways, including, but not limited to: (a) knowingly making a “false representation as to the characteristics . . . uses, [and] benefits . . . of goods, food, services or property;” (b) representing that “goods, food, services, or property are of a particular standard, quality, or grade, or that goods are of a particular style or model, if he knows Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 20 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 21 of 26 - 21 - or should know that they are of another;” and (c) failing to “disclose material information concerning goods, services, or property which information was known at the time of advertisement or sale if such failure to disclose such information was intended to induce the consumer to enter into a transaction.” Id. at §105(1)(e), (g) and (u). 81. Furthermore, NGVC “owns or licenses computerized data that includes personal information” about Colorado residents, including Plaintiff. See Colo. Rev. Stat. §6-1-716(2). On information and belief, such personal information included Plaintiff’s and Class members’ first names, last names, credit and/or debit card numbers, card expiration dates, and card security codes and/or pin numbers. 82. Accordingly, NGVC also violated Colo. Rev. Stat. §6-1-101, et seq. by failing to provide timely, adequate, and direct notice of the Security Breach to Plaintiff and the Class pursuant to Colorado’s Data Breach Statute, Colo. Rev. Stat. §6-1-716.19 83. Plaintiff and the other Class members have suffered injury in fact and actual damages including lost money and property as a result of NGVC’s violations of Colo. Rev. Stat. § 6-1-101, et seq., including, but not limited to: (a) unauthorized charges on their debit and credit card accounts; (b) payment of monetary penalties from third party vendors for failure of debit and/or credit cards to make automatic payment because of the cards’ cancellation; (c) theft of their personal and financial information; (d) costs associated with the detection and prevention of identity theft and unauthorized use of their financial accounts; (e) costs associated with time spent and the loss of productivity from taking time to address and attempt to ameliorate and mitigate the actual and future consequences of the NGVC data breach, 19 Colo. Rev. Stat. §6-1-105(1)(x) provides that a violation of “part 7 of this article,” which encompasses Colo. Rev. Stat. §6-1-716, shall constitute a deceptive trade practice. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 21 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 22 of 26 - 22 - including, without limitation, finding fraudulent charges, cancelling and reissuing cards, and the stress, nuisance, and annoyance of dealing with all issues resulting from the NGVC data breach; (f) the imminent and certainly impending injury flowing from potential fraud and identify theft posed by their credit card, debit card, and personal information being placed in the hands of criminals and being already misused via the sale of consumers’ information on the Internet card black market; (g) damages to and diminution in value of their personal and financial information entrusted to NGVC for the purpose of purchasing products from NGVC and with the understanding that NGVC would safeguard their data against theft and not allow access and misuse of their data by others; and (h) the continued risk to their personal information, which remains in the possession of NGVC and which is subject to further breaches so long as NGVC fails to undertake appropriate and adequate measures to protect data in its possession. 84. Plaintiff and the other Class members’ injuries were proximately caused by NGVC’s fraudulent and deceptive behavior, which was conducted with reckless indifference toward the rights of others. 85. Plaintiff and the Class are thus entitled to equitable relief to remedy NGVC’s violation of Colo. Rev. Stat. 6-1-101, et seq. VII. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all claims in this First Amended Class Action Complaint so triable. Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 22 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 23 of 26 - 23 - VIII. REQUEST FOR RELIEF WHEREFORE, Plaintiff, individually and on behalf of the other members of the Class proposed in this First Amended Class Action Complaint, respectfully requests that the Court enter judgment in their favor and against NGVC, as follows: A. Declaring that this action is a proper class action, certifying the Class as requested herein, designating Plaintiff as Class Representative and appointing the undersigned counsel as Class Counsel for the Class; B. Ordering NGVC to pay Plaintiff and the Class actual damages arising from NGVC’s breach of contract. C. Ordering NGVC to pay for not less than three years of credit card monitoring and identity theft protection services for Plaintiff and the other members of the Class; D. Ordering NGVC to disseminate individualized notice of the Security Breach to all Class members and to post notice of the Security Breach in all of its affected stores; E. Ordering NGVC to pay both pre- and post-judgment interest on any amounts awarded; and F. Ordering such other and further relief as may be just and proper. DATED December 30, 2015. Respectfully submitted, By: s/ Joseph J. Siprut Joseph J. Siprut Richard L. Miller II* Gregg M. Barbakoff John S. Marrese SIPRUT PC 17 North State Street Suite 1600 Chicago, Illinois 60602 Telephone: (312) 236-0000 FAX: (312) 470-6588 jsiprut@siprut.com rmiller@siprut.com gbarbakoff@siprut.com jmarrese@siprut.com Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 23 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 24 of 26 - 24 - Michael Obernesser SIPRUT PC 1756 South 8th Street Colorado Springs, Colorado 80905 Telephone: (719) 635-7707 FAX: (719) 471-3188 mobernesser@siprut.com Cornelius P. Dukelow ABINGTON COLE + ELLERY 320 South Boston Avenue Suite 1130 Tulsa, Oklahoma 74103 Telephone: (918) 588-3400 FAX: (918) 588-3400 cdukelow@abingtonlaw.com * Admission Application To Be Submitted Attorneys For Plaintiff Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 24 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 25 of 26 CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that a true and correct copy of the foregoing First Amended Class Action Complaint was filed this 30th day of December 2015 via the electronic filing system of the District of Colorado, which will automatically serve the following counsel of record: Romaine Marshall Melissa K. Ventrone Engels Tejeda WILSON ELSER MOSKOWITZ HOLLAND & HART LLP EDELMAN & DICKER LLP 222 Main Street 55 West Monroe Street Suite 2200 Suite 3800 Salt Lake City, Utah 84101 Chicago, Illinois 60603 Telephone: (801) 799-5922 Telephone: (312) 821-6105 FAX: (801) 871-6139 FAX: (312) 704-1522 RCMarshall@hollandhart.com melissa.ventrone@wilsonelser.com EJTejeda@hollandhart.com s/ Joseph J. Siprut Case 1:15-cv-02129-MSK-NYW Document 47 Filed 12/30/15 USDC Colorado Page 25 of 25Case 1:16-cv-01326-RPM Document 6-1 Filed 10/26/16 USDC olorado Page 26 of 26 EXHIBIT B to Defendant AMCO Insurance Company’s Rule 12(b)(6) Motion to Dismiss Natural Grocers v. AMCO Insurance Company Case No.: 16-cv-01326-RPM-MJW Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 1 of 384 IN 70 02 (06-93) DISCLOSURE FORM CLAIMS-MADE POLICY (COLORADO) IMPORTANT NOTICE TO POLICYHOLDER THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR FEATURES OF OUR CLAIMS MADE POLICY FORM. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. Your policy is either entirely or partially claims-made. The portion that is claims-made applies only to claims made against you after the inception date and before the end of the policy period involving injury or damage that occurs after the policy retroactive date. Upon termination of your policy, an extended reporting period may be available. OCCURRENCE VS. CLAIMS-MADE There is no difference in the kinds of injury or damage covered by either an "occurrence" policy or a "claims-made" policy. Claims for damages may be assigned to different policy periods, however, depending on which policy you have purchased. In an "occurrence" policy, coverage is provided for liability because of damage that occurs during the policy period, no matter when the claim is made. In your "claims-made" policy, coverage is provided for liability because of damage if the claim for damages is first made during the policy period. The claim must be a demand for damages by an injured party but it does not have to be in writing. Under most circumstances, a claim is considered made when it is received and recorded by you or by us; but sometimes, a claim may be deemed made at an earlier time. This can happen when another claim for the same injury or damage has been made, or when the claim is received and recorded during an extended reporting period. PRINCIPAL BENEFITS This policy provides coverage up the maximum dollar limit specified in the policy. The principal benefits and coverages are explained in detail in your claims-made policy. Please read it carefully and consult your agent about any questions you might have. EXCEPTIONS, REDUCTIONS AND LIMITATIONS Your claims-made policy contains certain exceptions, reductions and limitations. Please read it carefully and consult your agent about any questions you might have. RENEWALS, TAILS AND EXTENDED REPORTING PERIODS Your claims-made policy has some unique features relating to renewal, extended reporting periods, and coverage of occurrences with long periods of exposure. These special claims-made provisions are described below: Special "Claims-Made" Provisions Two concepts relating to continuity of coverage under the "claims-made" policy are especially important to under- stand. These involve the and theRetroactive Date Extended Reporting Period. IN 70 02 (06-93) Page 1 of 2 ACP BPR 3086553445 INSURED COPY 78 03355 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 2 of 384 IN 70 02 (06-93) Retroactive Date When you have a Retroactive Date entered on the Declarations page, there is no coverage for damage that occurred before the retroactive date, even if the claim is first made during the policy period. If there is no Retroactive Date block entered on the Declarations page, the policy will respond only to claims first made during the policy period for covered injury or damage, no matter when the injury or damage occurred. But if previous "occurrence" type insurance also applies to the injury or damage, your "claims-made" policy will be excess - that is, it will apply only after that previous insurance is used up. If there is a Retroactive Date, e.g., you changedit cannot be moved ahead in time, except under certain circumstances, insurers, there is a substantial change in your operations that increases you exposure to loss; you failed to provide us with information you knew about the nature of your business or premise, and then only with your written consent. It is important to understand how the "claims-made" policy's extended reporting period guarantee continuity of cov- erage if you are offered a renewal or replacement policy with a later Retroactive Date than the one in your current policy. Extended Reporting Periods or "Tails" WARNING If a claim is made the termination of your claims-made policy, you may not have coverage for that claim unlessafter you purchase an Extended Reporting Period or "tail" endorsement, which must be offered to you with at least the aggregate limit of your terminated policy, for at least one year, at a premium not to exceed 200% of your terminated policy premium. Carefully review the policy provisions regarding the available extended reporting period, especially the length of coverage and price, and the time during which you must purchase or accept any offered extended reporting period. Your signature indicates that you have read this form and that your agent has explained the above provisions to you. Insured's Signature Agent's Signature Name of Insurance Company Name and Address of Insurance Agent NOTE TO THE AGENT: 1. You are required by law to maintain a copy of this form in your files at least 2 years beyond the term of this policy. 2. Please return one original copy of this form with the insured's and your signature thereon. IN 70 02 (06-93) Page 2 of 2 ACP BPR 3086553445 INSURED COPY 78 03356 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 3 of 384 IN 72 91 01 14 Please read this Notice carefully – it does form a part of your insurance contract. The Notice is designed tonot alert you to coverage restrictions and to other provisions in certain terrorism endorsement(s) in this policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) shall prevail. POTENTIAL RESTRICTIONS OF TERRORISM COVERAGE This Notice has been prepared in conjunction with the implementation of changes related toPOTENTIAL coverage of terrorism under your policy. The Terrorism Risk Insurance Act established a program (Terrorism Risk Insurance Program) within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. That Program is subject to a termination date of December 31, 2014 unless extended by the federal government. If the federal Program terminates, or is extended with certain changes prior to or during the term of your policy, then the treatment of terrorism under your policy will change. This Notice is being provided to you for the purpose of summarizing potential impact on your coverage. The summary is a brief synopsis of significant exclusionary provisions and limitations. This Notice does form a part of your insurance contract. The Notice is designed tonot alert you to coverage restrictions and to other provisions in certain terrorism endorsement(s) in this policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. Carefully read your policy, including the endorsements attached to your policy. YOUR POLICY DURING TENURE OF THE TERRORISM RISK INSURANCE PROGRAM AS THAT PROGRAM EXISTS PURSUANT TO THE TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007: Except as described below, this policy does not contain a terrorism exclusion. In the absence of a terrorism exclusion, terrorism coverage applies in accordance with the terms of the policy. That is, the absence of a terrorism exclusion does not create coverage for any loss that would otherwise be excluded under the policy, such as losses excluded by the nuclear hazard or war exclusions. YOUR POLICY AT START OF NEW POLICY TERM: This policy does not contain a terrorism exclusion. However, the policy contains an endorsement under which coverage for "certified acts of terrorism" (which is more fully defined in the endorsement, but involves an act of terrorism certified by the federal government to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act) is subject to a limit on our liability pursuant to the federal Terrorism Risk Insurance Act. Further, the absence of a terrorism exclusion does not create coverage for any loss, injury or damage that would otherwise be excluded under the policy, such as property losses excluded by the nuclear hazard or war exclusions or liability losses excluded by the war liability exclusion. POTENTIAL CHANGE DURING THE TERM OF YOUR POLICY: Endorsement PB 05 64 is attached to your policy. Its provisions will become applicable to your policy only if certain events (one or more of them) occur. Those events include the following: If the federal Terrorism Risk Insurance Program (TRIP) terminates with respect to the type of insurance provided under this policy. (TRIP is scheduled to terminate at the end of December 31, 2014 unless extended by the federal government.); or If TRIP is extended with changes that redefine terrorism, and we are not required to make such revised coverage available to you; or IN 72 91 01 14 Page 1 of 2 ACP BPR 3086553445 INSURED COPY 78 03357 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 4 of 384 IN 72 91 01 14 If TRIP is extended with changes that make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other events or occurrences under this policy, and we are not required to make such revised coverage available to you; or If TRIP is extended with changes that increase insurers' statutory percentage deductible under TRIP for terrorism losses, or decrease the federal government's statutory percentage share in potential terrorism losses, and we are not required to make terrorism coverage available to you. Our deductible is 20% of the total of our previous year’s direct earned premiums. The government’s share is 85% of the terrorism losses paid by us above the deductible. Endorsement PB 05 64 treats terrorism as follows: 1. Coverage for loss or damage under or injury or damage under arising outproperty coverage liability coverage of a terrorism incident is excluded only if: The total of all insured damage to all types of property (including business interruption losses sustained by owners or occupants of damaged property), from the incident, exceeds $25 million. The $25 million property damage threshold is based on losses sustained by all persons and entities who are affected by an incident of terrorism, and who are insured for the damage, or who would be insured but for a terrorism exclusion; or Fifty or more persons sustain death or serious injury; (applies to injury or damage under liability coverage only); or The terrorism event involves nuclear materials or results in nuclear reaction or radiation or radioactive contamination; or The terrorism event involves the release of radioactive material, and it appears that one purpose of the terrorism was to release such material; or The terrorism event is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or The terrorism event involves the release of pathogenic or poisonous biological or chemical materials, and it appears that one purpose of the terrorism was to release such materials. For liability coverage, this would be a further restriction of coverage as we did not previously exclude domestic terrorism. (NOTE - To determine whether the threshold for property damage ($25 million) is exceeded, multiple incidents of terrorism which occur within a seventy-two hour period and appear to be linked together or have a related purpose or common leadership behind them shall be considered to be one incident of terrorism.) 2. In PB 05 64, the “Exception Covering Certain Fire Losses” provision will now apply only in certain states. In these states, the terrorism exclusion does not restrict fire coverage under the Businessowners Property Coverage Form, due to a statutory requirement in such state. If the Exception applies in any states under your policy, that state is indicated in the Schedule of the terrorism endorsement. When the Exception applies, the exclusion of terrorism does not apply to direct loss or damage by fire to Covered Property in these states. In states not listed, the exclusion of terrorism applies to all causes of loss, including ensuing fire. This is a restriction of coverage as the exception for ensuing fire had been previously granted in states where there was no statutory requirement to do so. See the definition of terrorism for purposes of the terrorism exclusion. Page 2 of 2 IN 72 91 01 14 ACP BPR 3086553445 INSURED COPY 78 03358 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 5 of 384 ACP BPR 3086553445 INSURED COPY 78 03359 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 6 of 384 ACP BPR 3086553445 INSURED COPY 78 03360 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 7 of 384 ACP BPR 3086553445 INSURED COPY 78 03361 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 8 of 384 ACP BPR 3086553445 INSURED COPY 78 03362 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 9 of 384 THIS OFFER PROVIDES CERTAIN LOSS CONTROL SERVICES IN 75 89 10 11 No insurance coverage is provided by this offer nor can it be construed to amend any provision of your policy. Data Breach and Resolution Services are offered by , a Nationwide company at no additional cost to youAllied Insurance and are provided by our Services Provider, Identity Theft 911, LLC. These loss control Services are not an insurance product and do not include (a) the recapture of breach Notification Recipient or Policyholder expenses or losses resulting from the Activity, (b) psychological counseling for Notification Recipients, or (c) legal advice or other legal services. DATA BREACH RESOLUTION SERVICES As long as you have an active Commercial Businessowners or Commercial Property policy written with ,Allied Insurance our Services Provider will provide the Data Breach Services and Resolution Services outlined below: A. PROACTIVE BREACH PREPARATION SERVICES - available to Policyholders. Our Services Provider will provide proactive breach preparation tools and Services that can be utilized on an ongoing basis. These tools and Services include: 1. Frequently updated reviews and summaries of: Regulatory/consumer notification requirements; Trends in information security breach responses/solutions; Pending legislation; and Pending litigation. 2. Ongoing education and staff training through secure web access with updated articles and information on privacy, breach and identity theft related subjects of interest. 3. Assistance with developing and implementing a customized incident response plan or documenting the integration of Services into an existing incident response plan. 4. Development of a standardized communication and incident handling process for common and everyday breach situations including mis-mailings, office break-ins, lost laptops; allowing the handling of such situations by our Services Provider to be accomplished within hours of the breach occurring on an entire enterprise level. 5. Updates on highly relevant and recently issued studies, reports, and articles of significance by government, non- profit and third party entities. 6. Provision of studies, surveys, whitepapers, articles, etc. conducted or written by our Services Provider. 7. Quarterly updates on new service and product offerings available for handling breaches, including updates on new developments in processes and strategic relationships that often result in improved and additional services and pricing options. How do you access the loss prevention services? To proactively prepare for a data breach and reduce your exposure, you can access www.Nationwide.breachresponse.com using the following login codes: Username: Nationwide1 Password: Nationwide1 Then use this website to prepare your organization for a potential data breach incident by downloading and completing the Instructional Guide. Keep current on protecting your customers PII by using this website to monitor applicable regulatory requirements, articles and other relevant resources. B. REACTIVE BREACH SERVICES - available to Policyholders. In the event of Data Breach Incident that releases the Personally Identifiable Information of an Individual or a group of Individuals, our Services Provider can work with the Policyholders to: 1. Determine the severity of the situation based on the details presented by the breached institution. 2. Recommend remediation Services that should be offered to any potentially affected people including the level of service and Credit Monitoring and Fraud Monitoring products to be provided based on the specific facts of each incident. 3. Assist with the drafting of breach notification letters including sample letters and review of draft letters. 4. Assist with alternate forms of notice in breaches that fall outside of the upward thresholds of breach notification by letter based on cost and/or number of potential Notification Recipients. 5. Assist with the notification to any necessary third parties who are required to be informed under applicable regulations or based on best practices. While notification requirements vary, depending upon the applicable State and/or federal regulations, assistance with third party notification includes making and documenting notice to: IN 75 89 10 11 Page 1 of 6 ACP BPR 3086553445 INSURED COPY 78 03363 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 10 of 384 IN 75 89 10 11 Experian®, Equifax® and TransUnion®; State Departments of Consumer Affairs; State Attorneys General; State authorities, such as the California Office of Health Information; and Federal authorities, such as the U.S. Department of Health and Human Services. 6. Provide sample templates for documents and descriptions such as: Breach notification letters; Answers to Frequently Asked Questions; Description of our Services Provider Services; and All other documentation needed to assist in standardizing a response to a breach within your organization. 7. Consulting on public relations responses as needed based both on our Service Providers’ own experience with assisting clients in their breaches as well as lessons learned from studying other well-publicized breaches. In the event of a suspected data breach incident involving PII, immediately call the Allied Claims Department at 866- 322-3214 and provide your commercial policy number. Our claims representative will review the details and in most cases, refer you to a specialist at IDT911®. Their Response Team will work with you to: Determine the severity of the data breach incident; Recommend remediation services that should be offered to your affected customers; Assist with drafting an official notification as required by law; Provide a dedicated toll-free number to answer your customer’s questions or concerns; Assist with alternate forms of notices, such as developing a dedicated website if a very large breach incident has occurred that offers additional assistance to your customers; and Consult on managing public relations responses, as needed. C. RESOLUTION SERVICES. 1. Identity Management Services available to Policyholders’ Notification Recipients. Access to a fraud specialist who will work with Notification Recipients on a one-on-one basis, answering any questions or concerns that they may have. Identity management services include: Initial credit file activity review with TransUnion®; Fraud specialist-assisted placement of fraud alerts; After placement of a fraud alert, if it has been determined that the Impacted Party has experienced True Identity Theft or Account Takeover, a credit report is made available; Assistance with reading and interpreting credit reports for any possible fraud indicators; Removal from credit bureau marketing lists while fraud alert is active; Provision of a proactive guide to assist Notification Recipients in better understanding the various tools available to consumers and how to best take proactive steps to protect themselves as a result of being involved in a breach; Answer any questions Individuals may have about fraud; and Provide Individuals with the ability to receive electronic education and alerts through e-mail. 2. Identity Theft Resolution Services available to Policyholders’ Notification Recipients. Our Services Provider will provide identity theft resolution services to those breach letter Notification Recipients who fall victim to a True Identity Theft as a result of a Data Breach Incident. Identity theft resolution services include, but are not limited to the following features: Access to a personal fraud specialist via our Service Provider’s Resolution Center toll-free number; Creation of Fraud Victim affidavit; Preparation of all documents needed for credit grantor notification and fraud information removal purposes; All phone calls needed for credit grantor notification, and fraud information removal purposes; a fraud specialist is the one who waits on the phone in most cases, not your breach Notification Recipient; Systematic notification to any relevant government and private agencies (including: Social Security Administration, Internal Revenue Service, Department of Motor Vehicles, Federal Trade Commission, Attorney General Office, Financial Institutions, Check Systems, Collection Agencies and others); Assistance with filing a law enforcement report; Comprehensive case file creation for insurance and law enforcement; Assistance with enrollment in applicable Identity Theft Passport Programs (in States where it is available and where warranted); Assistance with placement of credit file freezes (in States where it is available and where warranted); Page 2 of 6 IN 75 89 10 11 ACP BPR 3086553445 INSURED COPY 78 03364 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 11 of 384 IN 75 89 10 11 Policyholder service support for individuals when enrolling in optional credit products; Provision of general fraud alerts, reminders and status checks; Assistance with review of credit reports for possible fraudulent activity; Access to educational fraud information and threat alerts; and/or A full year of service, including follow-up calls. D. OPTIONAL SERVICES – AVAILABLE DIRECTLY FROM OUR SERVICES PROVIDER FOR A FEE The following additional services are available to Policyholders for a fee:Allied Insurance 1. Proactive Credit Monitoring Products. Our Services Provider can provide Credit Monitoring and Fraud Monitoring products to Notification Recipients at the Policyholders’ election for a fee. a. Proactive Credit Monitoring. This service provides daily monitoring of the enrollee’s credit file(s). This type of Credit Monitoring may be used by the enrollee to receive early notice of fraudulent activity on the enrollee’s credit file. b. Proactive Fraud Monitoring. Public record profile provides a comprehensive summary of public information available about you compiled using thousands of data sources including utilities, insurance companies and government databases. It includes information connected to the enrollee’s identity such as name and aliases, address history, personal property, licenses and registrations, criminal and civil court records, and bankruptcy filings. NOTE: Credit Monitoring and Fraud Monitoring are available only to Policyholders’ impacted parties with online access to the Internet and valid e-mail addresses. Availability of monitoring alerts, fraud alerts, and educational materials may require adjustment of the Notification Recipients’ spam filters to permit receipt of the communications. 2. Print House and Notification Services a. Assist with the drafting, printing, preparation and mailing of breach notification letters in larger breaches through the use of our Service Provider’s print and mail house services. b. Provide sample templates for documents and Plain English description of any additional Identity Management, Resolution and Monitoring services being offered. c. Coding Accuracy Support Software/National Change of Address/Locatable Address Conversion System processing. d. Postage. 3. Forensic Investigative Services Our Services Provider will assist the Policyholder in investigating hacking incidents, lost and stolen property, cyber extortion, database fraud, offensive communication, digital insurance fraud and other similar breaches. If the Policyholder elects to purchase forensic investigative services, the parties shall mutually agree to and enter into a statement of work, which shall set forth in detail the services to be performed and the estimated time and materials fees payable for such services. E ADDITIONAL DEFINITIONS. These words or phrases, which appear in initial capitalization throughout this Offer, are defined as follows: 1. Activity“ ” means the following types of defined fraud activity resulting from a compromise of a Database owned or controlled by a Policyholder: a. Account Takeover“ ” means the takeover by a third party of one or more existing deposit accounts, credit card accounts, debit card accounts, ATM cards, or lines of credit in the name of a Policyholder’s customer or Employee. Account Takeover includes the unauthorized takeover of one or more of a Policyholder’s customer or Employee deposit accounts, credit card accounts, debit card accounts, ATM cards, or lines of credit. b. Proactive Inquiry“ ” means an inquiry arising from the loss or theft of nonpublic personal information of a Policyholder’s customer or Employee by circumstances such as the loss of a credit card, debit card, ATM card, checkbook, driver’s license, or passport; or the loss of a wallet or purse or briefcase containing any of the foregoing. c. True Identity Theft“ ” means the creation of one or more new accounts, or a new identity in public records (such as a driver’s license) or elsewhere, by a third party in the name and without the knowledge of a Policyholder’s customer or Employee, in order to commit fraud or other crimes and/or to disguise the third party’s true identity. IN 75 89 10 11 Page 3 of 6 ACP BPR 3086553445 INSURED COPY 78 03365 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 12 of 384 IN 75 89 10 11 2. Data Breach Incident”“ encompasses any Database or information breach or compromise. The foregoing terms cover the following acts as hereinafter defined: a. Accidental Communication“ ” means the inadvertent disclosure of Personally Identifiable Information by the Policyholder through e-mail, fax, or other method of electronic or manual communication. b. Accidental Publication“ ” means the inadvertent disclosure of Personally Identifiable Information by the Policyholder through disclosure over the Internet or through e-mail or other means of communication. c. DNS cache poisoning“ ” means the technique used to trick a DNS server into believing it has received authentic information when, in reality, it has not. d. DNS Redirection“ ” means redirecting the nameserver of an attacker's domain to the nameserver of the target domain, then assigning that nameserver an IP address specified by the attacker. e. Domain Name System DNS“ ” or “ ” means the system that stores information about hostnames and domain names in a type of distributed database on networks, such as the Internet. The DNS Server provides a physical location (IP address) for each domain name, and lists the mail exchange servers accepting e-mail for each domain. f. Internet Attack“ ” means a Network Intrusion that is carried out using a remote computer over the Internet. g. Lost Data“ ” means the loss, dispersal or theft of data containing the Personally Identifiable Information (PII) and/or the Protected Health Information (PHI) of an Individual. This includes information stored in any digital or electronic format in addition to any information contained in any physical and tangible means of expression such as, but not limited to information that is typewritten, handwritten, photographed, photocopied, mimeographed, on microfiche, microfilm or other non-digitized manner of expression. h. Lost Document“ ” means the physical loss of non-digitized information containing Personally Identifiable Information (PII) and/or the Protected Health Information (PHI) of an Individual and imprinted, typed, handwritten or recorded on a physical and tangible means of expression such as, but not limited to, paper, photograph, photocopy, mimeograph, microfiche, microfilm or other non-digitized manner of expression. i. Lost Hardware“ ” means the physical loss of one or more pieces of hardware such as servers, laptop computers, desktop computers, PDA’s, cell phones or other electronic devices that contain in its memory, certain Personally Identifiable Information of one or more Individuals. j. Lost Media“ ” means the physical loss of one or more pieces of electronic media including but not limited to hard drives, zip disks, floppy disks, CD-ROMs, DVD-ROMs, magnetic tapes, or any other forms of electronic media and storage that contain and/or store certain Personally Identifiable Information of one or more Individuals. k. Malicious Code“ ” means a worm, virus, or other piece of computer code that is used to collect, destroy, alter, retrieve or affect computer software and/or data on a computer system, network, storage device, PDA or other peripheral device. l. Network Intrusion“ ” means the unauthorized access and intrusion onto a computer network and may include but is not limited to denial of service attacks, port-scans or even attempts to hack and/or crack into computers. m. Physical Security Breach“ ” means the unauthorized intrusion by a third party onto the physical premises of the Policyholder property or the property of a contractor that provides third party data processing services for the Policyholder. n. “Stolen Document” means the theft of non-digitized information containing Personally Identifiable Information (PII) and/or the Protected Health Information (PHI) of Individuals imprinted, typed, handwritten or recorded on a physical and tangible means of expression such as, but not limited to, paper, photograph, photocopy, mimeograph, microfiche, microfilm or other non-digitized manner of expression. o. Stolen Hardware“ ” means the theft of one or more pieces of hardware such as servers, laptop computers, desktop computers, PDA’s, cell phones or any other electronic device that contain in its memory, certain Personally Identifiable Information of one or more Individuals. p. Stolen Media“ ” means the theft of one or more pieces of electronic media including but not limited to hard drives, zip disks, floppy disks, CD-ROMs, DVD-ROMs, magnetic tapes, or any other forms of electronic media and storage that contain and/or store certain Personally Identifiable Information of one or more Individuals. q. Unauthorized Employee Intrusion“ ” means access to the Policyholder’s Databases containing Personally Identifiable Information of one or more Individuals, by an Employee of the Policyholder or a third party contractor for nefarious or other unauthorized purposes. Page 4 of 6 IN 75 89 10 11 ACP BPR 3086553445 INSURED COPY 78 03366 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 13 of 384 IN 75 89 10 11 3. “Covered Party” Allied Insurancemeans a Policyholder or a Notification Recipient. 4. Credit Monitoring“ ” means a consolidated report of a fraud victim’s credit history with side-by-side data compiled from all 3 credit reporting agencies (Equifax®, Experian®, and TransUnion®) and Equifax® Single Bureau Monitoring which checks a credit file for activity every business day and sends alerts via e-mail, phone, U.S. mail, or text-enabled cell phone or pager. 5. Database“ ” means: a. An organized collection of electronic data stored on a computer system, network, storage device, PDA or other peripheral device in a systematic way and containing the Personally Identifiable Information (PII) and/or the Protected Health Information (PHI) of one or more Individuals. b. An organized collection of non-electronic paper based records stored in a systematic way and containing the Personally Identifiable Information (PII) and/or the Protected Health Information (PHI) of one or more Individuals. 6. Employee“ ” means an employee of the business covered under this policy. Employee does not include a temporary or voluntary worker. 7. Fraud Monitoring“ ” means a comprehensive summary of public information available compiled from thousands of data sources including utilities, insurance companies and government Databases. It includes information connected to an identity such as name and aliases, address history, personal property, licenses and registrations, criminal and civil court records, and/or bankruptcy filings. 8. Fraud Victim“ ” means an Individual who is a victim of fraud by means of True Identity Theft or Account Takeover. 9. “Impacted Party” means a Covered Party whose information has been potentially compromised in a Data Breach Incident. 10. Individual“ ” means a natural person and does not include a business, corporation, partnership, sole proprietorship, limited liability corporation, non-profit, government entity, association, etc. 11. Notification Recipients“ ” means those Individuals receiving a letter or notification that they were possibly affected by a data breach. 12. Personally Identifiable Information PII“ ” and/or “ ” means any piece of information which can potentially be used to uniquely identify an Individual and could be used to facilitate an Account Takeover and/or True Identity Theft. This information may include, but is not limited to the following subcategories: a. Identification and Contact Information, such as first name or initial and last name, home or other physical address, including street name and name of a city or town, e-mail address, telephone number, fax number, any other identifier that permits the physical or online contacting of a specific Individual, E- mail or other addresses of spouse (or domestic partner)/dependents, and/or policy or claim information. b. Government Issued Identification Numbers, such as a social security number, driver’s license number or Tax ID. c. Financial Information, such as bank account number, credit card number, debit card number, bank or investment account, debit card, or credit card balance, payment history, information pertaining to the customer's creditworthiness, assets, income, or liabilities, person’s income, and/or person’s spending habits. 13. Policyholder Allied Insurance“ ” means the entity to which a commercial policy is issued or written with a Commercial Account ACP prefix. 14. Protected Health Information PHI“ ” and/or “ ” means the definition provided by the HIPAA Section on Privacy and includes individually identifiable health information (excluding the individually identifiable health information of non-U.S. citizens), held or maintained by a Policyholder or its business associates acting for the Policyholder that is transmitted or maintained in any form or medium. This includes identifiable demographic and other information relating to the past, present, or future physical or mental health or condition of an Individual, or the provision or payment of health care to an Individual that is created or received by a health care provider, health plan, employer, or health care clearinghouse. 15. Services“ ” means those services described in this Offer. None of the Services described herein are an insurance product and such Services do not include: a. The recapture of Policyholder, Eligible Employee, Fraud Victim or Notification Recipient expenses or losses resulting from any Breach Activity. IN 75 89 10 11 Page 5 of 6 ACP BPR 3086553445 INSURED COPY 78 03367 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 14 of 384 IN 75 89 10 11 b. Payment of alternative travel arrangements or additional fees for Policyholder, Eligible Employees, Fraud Victims or Notification Recipients; c. Psychological counseling for Eligible Employees, Fraud Victims or Notification Recipients; d. Legal advice or other legal services for Policyholder, Eligible Employees, Fraud Victims or Notification Recipients; e. The recapture of lost, stolen, or destroyed information for Policyholder, Eligible Employees, Fraud Victims or Notification Recipients; f. Payment, printing, postage or handling of consumer notification letters provided to Notification Recipients; or g. The defense of any lawsuit filed against the Policyholder and/or any of its partners, subsidiaries, holding companies, parent companies and/or any company, group or agency associated with the Policyholders as a result of a Data Breach Incident. TERMS AND CONDITIONS APPLICABLE TO COVERED PARTIES Use of the Services by a Covered Party is at the Covered Party’s sole risk. The Services are provided on an “as is” and “as available” basis. Nationwide Mutual Insurance Company, including its subsidiaries and affiliates collectively hereafter “ ”, and Identity Theft 911, LLC expressly disclaim all warranties of any kind, whether express or implied,Nationwide including, but not limited to the implied warranties of merchantability, noninfringement, title and fitness for a particular purpose. Nationwide and Identity Theft 911, LLC makes no warranty that (i) past identity fraud will be resolved, in whole or in part, (ii) future identity fraud will be prevented, (iii) the services will meet requirements of the customer, policyholder or its covered parties, (iv) the services will be uninterrupted, timely, secure, or error-free, (v) the results that may be obtained from the use of the services will be accurate or reliable, or (vi) the quality of any products, services, information, or other material purchased or obtained by policyholder or its Covered Party through the services or via and Identity Theft 911,Nationwide LLC will meet the expectations of the policyholder or its Covered Party. In no event shall or Identity Theft 911, LLC be liable for any direct damages or any punitive, consequential,Nationwide incidental, special, or indirect damages, whether or not the parties have been advised of the possibility of such damage, in any action arising from or related to this agreement or from data losses, whether based in contract, tort (including negligence), intended conduct or otherwise, including without limitation, damages relating to the loss of profits, income, goodwill or revenue. These limitations will apply notwithstanding the failure of any essential purpose of any limited remedy. Page 6 of 6 IN 75 89 10 11 ACP BPR 3086553445 INSURED COPY 78 03368 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 15 of 384 THIS OFFER IS FOR YOUR EMPLOYEES – COPY AS NEEDED IN 75 91 10 11 No insurance coverage is provided by this offer nor can it be construed to replace any provision of your policy. LifeStages Identity Management and Resolution Services are offered by , a Nationwide company at noAllied Insurance additional cost to you and is provided by our Services Provider, Identity Theft 911, LLC. These loss control Services are not an insurance product and do not include (a) the recapture of an Eligible Individual expenses or losses resulting from the Activity, (b) psychological counseling for Eligible Individuals, or (c) legal advice or other legal services. LIFESTAGES IDENTITY MANAGEMENT AND RESOLUTION SERVICES FOR ELIGIBLE INDIVIDUALS (EMPLOYEES AND FAMILY MEMBERS) Commercial Account Policyholder First Named: VITAMIN COTTAGE NATURAL FOOD MARKETS INC Commercial Account Number: ACP BPR 3086553445 Toll Free Claims Number to initiate Services: 866-322-3214 If you or your employees would like to obtain assistance for Identity Management or Resolution Services, please call our Claims Department. As long as the business owner has an active Commercial Businessowners or Commercial Property policy written by , our Service Provider will provide the additional services outlined below:Allied Insurance A. LIFESTAGES IDENTITY MANAGEMENT SERVICES Our Services Provider will provide the following LifeStages Identity Management Services to Allied’s Policyholders’ Eligible Individuals. 1. Proactive. In the event that an Eligible Individual’s personal data has been compromised, a fraud specialist quickly moves to lock out thieves with a free fraud alert and acts swiftly to safeguard the Eligible Individual’s identity and help prevent any further damage. 2. Child Risk. For Eligible Individuals who are parents and legal guardians of minor children, a fraud specialist will assist you in protecting your children from identity theft. The fraud specialist will help determine if a credit file has been opened in the minor’s name. If a credit file is determined to exist, a fraud specialist will be assigned to the case, the resolution process will be initiated and credit file suppression will be placed on the minors credit file if desired. 3. Marriage. A fraud specialist navigates engaged couples and newlyweds through the marriage license requirements, helps Eligible Individuals guard against wedding identity scams, provides name-changing assistance, creditor notification, and other services. 4. Military. Active duty military personnel can stand up to identity thieves back home. A fraud specialist works with Eligible Individuals, their authorized spouse (or domestic partner) or family member, placing a free Military Fraud Alert for up to 2 years to protect their good name. 5. Medical. A fraud specialist clears up the damage from fraudulent insurance claims and bogus medical services, stopping relentless collection agencies and correcting the treatment files of Eligible Individuals before a medical catastrophe occurs. 6. Travel. Eligible Individuals get 24/7, worldwide access to a fraud specialist to recover lost or stolen identification and lock out identity thieves at home or away. 7. Relocation. Our Service Provider will help Eligible Individuals make sure that their sensitive data moves safely with them. A fraud specialist helps protect financial, credit, and identity information and facilitates uninterrupted access to financial institutions and accounts during a move. 8. Break-In. If the home, auto or boat of an Eligible Individual has been broken into, a fraud specialist springs into action with a free fraud alert to keep thieves from breaking into your personal data as well. 9. Disaster. A fraud specialist helps Eligible Individuals quickly replace identification and documentation needed to rebuild their lives, facilitating access to financial institutions and relaying messages to family, friends and providers. IN 75 91 10 11 Page 1 of 4 ACP BPR 3086553445 INSURED COPY 78 03369 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 16 of 384 IN 75 91 10 11 10. Estate. To minimize risk to survivors of Eligible Individuals, a fraud specialist steps in to lock down the deceased’s personal and financial information to prevent misuse, systematically notifying credit issuers, as well as securing death certificates. 11. Tax Fraud Services. Should an Eligible Individual fall victim to federal tax related identity theft, wherein someone utilizes the Eligible Individual’s Personally Identifiable Information to file false tax return documents or commit employment related True Identity Theft, a fraud specialist assists the Eligible Individual by working with the IRS to correct the impacted tax records and provides resolution to any filing issues. 12 Debt Tagging.. Should an Eligible Individual’s credit files be incorrectly tagged with someone else’s debt or reflect an incorrect amount of debt owed, a fraud specialists will facilitate the contacting of the credit agencies and assist in requesting that the incorrect information be removed from the Eligible Individual’s credit file(s). B. RESOLUTION SERVICES Our Services Provider will provide the following Resolution Services to Allied’s Policyholders’ Eligible Individuals. Resolution Services. For Eligible Individuals who are victims of Account Takeover or True Identity Theft, a personal fraud specialist will provide assistance to restore the victims’ identity, handling the notification and documentation process. Victims will receive one year of free Credit Monitoring and Fraud Monitoring, plus follow-up. NOTE: Free Credit Monitoring and Fraud Monitoring are available only to Eligible Individuals with online access to the Internet and valid e-mail addresses. Availability of monitoring alerts, fraud alerts, and educational materials may require adjustment of the Eligible Individual’s spam filters to permit receipt of the communications. Resolution Services include: 1. Access to Personal Fraud Specialist. One-on-one access to a dedicated fraud specialist may include, but is not limited to the following: interpretation and understanding of credit reports, assistance in gathering evidence against identity fraud, working with creditors to limit damages and resolve True Identity Theft, and follow up to make sure problem has been resolved. 2. Placement of Fraud Alerts. At the Eligible Individual’s election, fraud specialist-assisted notification to place fraud alerts with TransUnion®, which are then passed to Experian® and Equifax®. Facilitation is paid by our Services Provider. 3. Access to Our Services Provider’s Resolution Center. Eligible Individuals have 24/7/365 access to our experienced fraud specialists via a toll free number to answer questions and resolve True Identity Theft issues. 4. Assistance Filing Police Report. Our Services Provider will direct the Eligible Individuals in filing the police report by indicating the information that should be included in the report. This may include but is not limited to the following; counseling the Eligible Individual to list specific accounts that have been accessed, fraudulently charged, and/or fraudulently created. Our Services Provider will assist, where possible, in setting up an appointment with police personnel for either: (a) in-person meeting to file report; or (b) phone meeting to file report. 5. Fraud Victim Affidavit. At the Eligible Individual’s election, our Services Provider’s fraud specialist will assist in the creation of the Eligible Individual’s affidavit. 6. Credit Grantor Notification. Our Services Provider will assist the Eligible Individual with all phone calls and all documents required to facilitate notification to credit grantors. 7. Governmental Agency and Association Notification. At the Eligible Individual’s election, our Services Provider will provide assistance with notification to applicable government agencies or associations. The nature of the assistance and the applicable government agencies is going to be determined on a case by case basis depending upon the nature of the Account Takeover or True Identity Theft. Our Service Provider will notify and work with applicable government agencies on behalf of the Eligible Individual, to the extent possible and allowed by law and to the extent that the Eligible Individual wishes. Some of the government agencies that may be notified of the fraud, if necessary, could include but is not limited to: a. The Applicable State’s Department of Motor Vehicles b. County Records/Recorders Offices c. County Tax Assessors d. U.S. Passport offices e. I.R.S. Note that our Service Provider will only notify and work with applicable government agencies. In a situation where the fraud is limited to check fraud, or new accounts being created, there would be no need to contact the I.R.S. However, if an illegal alien is using an Eligible Individual’s Social Security number (SSN), involving the I.R.S.’s Page 2 of 4 IN 75 91 10 11 ACP BPR 3086553445 INSURED COPY 78 03370 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 17 of 384 IN 75 91 10 11 fraud department may be necessary to make sure that the victim isn’t responsible for the additional tax burden created by the additional income erroneously reported on their SSN. 8. Credit Monitoring Provided to Fraud Victims. At the Eligible Individual’s election, enrollment in one year of Credit Monitoring with weekly alerts, which includes a 3-in-1 credit report. Monitors changes in Eligible Individual’s credit file to identify fraudulent activity and measure the progress of resolution. Credit products paid by our Service Provider. 9. Fraud Monitoring Provided to Fraud Victims. At the Eligible Individual’s election, enrollment in one year of Fraud Monitoring. Electronic notification to victim of changes in personal identifiers such as Social Security number, DMV, address, etc., in more than 1,000 monitored databases. Identifies additional frauds and measures the progress of resolution. Monitoring paid by our Service Provider. 10. Creation of a Comprehensive Case File. Our Service Provider will provide a comprehensive case file available for Eligible Individual presentation to law enforcement. Our Service Provider will create a comprehensive case file during the resolution process that documents identified fraud and resolution work. This can be used by law enforcement and prosecuting attorneys to assist the prosecution of perpetrators of True Identity Theft. 11. Active Post Fraud Follow-Up. Full year of active follow-up, commencing on the date the case is determined to be closed, to judge the effectiveness of victim resolution. Once the case is determined to be closed, the Eligible Individual will receive a six (6) month follow up from their advocate, and another twelve (12) month follow up to make sure that there is no more activity and that identity resolution has been successful. Since identity related information is evergreen, there is still the opportunity for an identity thief to commit further fraud once a case has been closed. C. DEFINITIONS These words or phrases, which appear in initial capitalization throughout this Offer, are defined as follows: 1. Activity“ ” means the following types of defined fraud activity not resulting from a compromise of a Database owned or controlled by a Policyholder: a. Account Takeover“ ” means the takeover by a third party of one or more existing deposit accounts, credit card accounts, debit card accounts, ATM cards, or lines of credit in the name of an Eligible Individual. Account Takeover includes the unauthorized takeover of one or more of an Eligible Individual deposit accounts, credit card accounts, debit card accounts, ATM cards, or lines of credit. b. Proactive Inquiry“ ” means an inquiry arising from the actual or perceived loss or theft of nonpublic personal information of an Eligible Individual by circumstances such as, but not limited to, the loss of a credit card, debit card, ATM card, checkbook, driver’s license, or passport, or the loss of a wallet or purse or briefcase containing any of the foregoing. c. True Identity Theft“ ” means the creation of one or more new accounts, or a new identity in public records (such as a driver’s license) or elsewhere, by a third party in the name and without the knowledge of an Eligible Individual, in order to commit fraud or other crimes and/or to disguise the third party’s true identity. 2 Credit Monitoring“ ” means a consolidated report of a fraud victim’s credit history with side-by-side data compiled from all 3 credit reporting agencies (Equifax®, Experian®, and TransUnion®) and Equifax® Single Bureau Monitoring which checks a credit file for activity every business day and sends alerts via e-mail, phone, U.S. mail, or text-enabled cell phone or pager. 3. Eligible Individual“ ” means the Policyholders’ Employees that work in the named insured’s business and includes the Individuals who are the Policyholders’ corporate officers, partners, or members or manages of a LLC. Eligible Individual also includes the spouse (or domestic partner) and/or relatives under 23 years of age who live with any of these. 4. Employee“ ” means an employee of the business covered under this policy. Employee does not include a temporary or voluntary worker. 5. Fraud Monitoring“ ” means a comprehensive summary of public information available compiled from thousands of data sources including utilities, insurance companies and government databases. It includes information connected to an identity such as name and aliases, address history, personal property, licenses and registrations, criminal and civil court records, and/or bankruptcy filings. 6. Individual“ ” means a natural person and does not include a business, corporation, partnership, sole proprietorship, limited liability corporation, non-profit, government entity, association, etc. IN 75 91 10 11 Page 3 of 4 ACP BPR 3086553445 INSURED COPY 78 03371 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 18 of 384 IN 75 91 10 11 7. Personally Identifiable Information PII“ ” and/or “ ” means any piece of information which can potentially be used to uniquely identify an Individual and could be used to facilitate an Account Takeover and/or True Identity Theft. This information may include, but is not limited to the following subcategories: a. Identification and Contact Information, such as first name or initial and last name, home or other physical address, including street name and name of a city or town, e-mail address, telephone number, fax number, any other identifier that permits the physical or online contacting of a specific Individual, e-mail or other addresses of spouse (or domestic partner)/dependents, and/or policy or claim information. b. Government Issued Identification Numbers, such as a social security number, drivers license number or Tax ID. c. Financial Information, such as bank account number, credit card number, debit card number, bank or investment account, debit card, or credit card balance, payment history, information pertaining to the customer's creditworthiness, assets, income, or liabilities, person’s income, and/or person’s spending habits. 8. Policyholder Allied Insurance“ ” means the entity to which an commercial policy is issued or written with a Commercial Account ACP prefix. TERMS AND CONDITIONS APPLICABLE TO ELIGIBLE INDIVIDUALS Use of the Services by an Eligible Individual is at the Eligible Individual’s sole risk. The services are provided on an “as is” and “as available” basis. Nationwide Mutual Insurance Company, including its subsidiaries and affiliates collectively hereafter “ ”, and Identity Theft 911, LLC expressly disclaims all warranties of any kind, whether express orNationwide implied, including, but not limited to the implied warranties of merchantability, noninfringement, title and fitness for a particular purpose. Nationwide and Identity Theft 911, LLC makes no warranty that (i) past identity fraud will be resolved, in whole or in part, (ii) future identity fraud will be prevented, (iii) the services will meet requirements of the customer, policyholder or its covered parties, (iv) the services will be uninterrupted, timely, secure, or error-free, (v) the results that may be obtained from the use of the services will be accurate or reliable, or (vi) the quality of any products, services, information, or other material purchased or obtained by an Eligible Individual through the services or via and Identity Theft 911, LLC willNationwide meet the expectations of the Eligible Individual. In no event shall or Identity Theft 911, LLC be liable for any direct damages or any punitive, consequential,Nationwide incidental, special, or indirect damages, whether or not the parties have been advised of the possibility of such damage, in any action arising from or related to this agreement or from data losses, whether based in contract, tort (including negligence), intended conduct or otherwise, including without limitation, damages relating to the loss of profits, income, goodwill or revenue. These limitations will apply notwithstanding the failure of any essential purpose of any limited remedy. Page 4 of 4 IN 75 91 10 11 ACP BPR 3086553445 INSURED COPY 78 03372 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 19 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL STATEMENT OF VALUES Policy Number: ACP BPR 3086553445 Policy Period: From 03-01-14 To 03-01-15 The values shown on this Statement of Values reflect the values you have requested or agreed to for each indi- vidual item that was included in the Blanket Limit of Insurance shown in the Declarations of your policy. By your acceptance of this policy in the payment of the premium due, you are acknowledging that the values shown below are correct to the best of your knowledge and belief. BLANKET PERSONAL PROPERTY Loc. Bldg. Description/Coverage Type Value Valuation of Property 01 01 PERSONAL PROPERTY Replacement cost2 , 0 2 9 , 0 0 0 02 01 PERSONAL PROPERTY Replacement cost953 ,000 03 01 PERSONAL PROPERTY Replacement cost1 , 0 7 4 , 0 0 0 04 01 PERSONAL PROPERTY Replacement cost1 , 1 1 4 , 2 0 0 05 01 PERSONAL PROPERTY Replacement cost1 , 0 8 6 , 0 0 0 06 01 PERSONAL PROPERTY Replacement cost1 , 0 7 4 , 0 0 0 07 01 PERSONAL PROPERTY Replacement cost1 , 0 5 8 , 0 0 0 10 01 PERSONAL PROPERTY Replacement cost941 ,300 11 01 PERSONAL PROPERTY Replacement cost968 ,200 12 01 PERSONAL PROPERTY Replacement cost1 , 0 5 8 , 0 0 0 13 01 PERSONAL PROPERTY Replacement cost968 ,000 14 01 PERSONAL PROPERTY Replacement cost1 , 0 1 3 , 4 0 0 16 01 PERSONAL PROPERTY Replacement cost941 ,300 17 01 PERSONAL PROPERTY Replacement cost1 , 0 7 4 , 9 0 0 18 01 PERSONAL PROPERTY Replacement cost1 , 1 2 5 , 5 0 0 19 01 PERSONAL PROPERTY Replacement cost1 , 0 5 0 , 4 0 0 20 01 PERSONAL PROPERTY Replacement cost965 ,000 21 01 PERSONAL PROPERTY Replacement cost1 , 0 4 4 , 0 0 0 22 01 PERSONAL PROPERTY Replacement cost1 , 0 7 4 , 0 0 0 23 01 PERSONAL PROPERTY Replacement cost1 , 1 4 7 , 1 0 0 24 01 PERSONAL PROPERTY Replacement cost1 , 1 4 7 , 1 0 0 25 01 PERSONAL PROPERTY Replacement cost968 ,200 27 01 PERSONAL PROPERTY Replacement cost941 ,300 28 01 PERSONAL PROPERTY Replacement cost1 , 0 4 4 , 2 0 0 30 01 PERSONAL PROPERTY Replacement cost1 , 0 4 4 , 0 0 0 31 01 PERSONAL PROPERTY Replacement cost1 , 0 1 0 , 0 0 0 32 01 PERSONAL PROPERTY Replacement cost1 , 0 1 0 , 0 0 0 33 01 PERSONAL PROPERTY Replacement cost1 , 0 1 0 , 0 0 0 34 01 PERSONAL PROPERTY Replacement cost960 ,000 35 01 PERSONAL PROPERTY Replacement cost960 ,000 36 01 PERSONAL PROPERTY Replacement cost1 , 2 0 5 , 0 0 0 37 01 PERSONAL PROPERTY Replacement cost1 , 0 1 0 , 0 0 0 38 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 39 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 40 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 42 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 44 01 PERSONAL PROPERTY Replacement cost1 , 2 0 5 , 0 0 0 45 01 PERSONAL PROPERTY Replacement cost1 , 2 0 5 , 0 0 0 46 01 PERSONAL PROPERTY Replacement cost1 , 2 0 5 , 0 0 0 47 01 PERSONAL PROPERTY Replacement cost1 , 1 0 5 , 0 0 0 PB 81 S1 (01-01) DIRECT BILL 66G6 DLS INSURED COPY UID X8 R 78 03373 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 20 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL STATEMENT OF VALUES Policy Number: ACP BPR 3086553445 Policy Period: From 03-01-14 To 03-01-15 BLANKET PERSONAL PROPERTY Loc. Bldg. Description/Coverage Type Value Valuation of Property 48 01 PERSONAL PROPERTY Replacement cost1 , 1 0 5 , 0 0 0 49 01 PERSONAL PROPERTY Replacement cost1 , 1 0 5 , 0 0 0 50 01 PERSONAL PROPERTY Replacement cost1 , 4 0 5 , 0 0 0 51 01 PERSONAL PROPERTY Replacement cost1 , 0 1 5 , 0 0 0 52 01 PERSONAL PROPERTY Replacement cost1 , 0 3 9 , 0 0 0 53 01 PERSONAL PROPERTY Replacement cost1 , 0 1 0 , 0 0 0 54 01 PERSONAL PROPERTY Replacement cost1 , 2 0 5 , 0 0 0 55 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 56 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 57 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 58 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 59 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 60 01 PERSONAL PROPERTY Replacement cost1 , 0 0 5 , 0 0 0 61 01 PERSONAL PROPERTY Replacement cost1 , 0 0 0 , 0 0 0 62 01 PERSONAL PROPERTY Replacement cost500 ,000 63 01 PERSONAL PROPERTY Replacement cost1 , 0 0 0 , 0 0 0 64 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 65 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 66 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 8 0 0 67 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 68 01 PERSONAL PROPERTY Replacement cost6 , 0 0 0 , 0 0 0 69 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 70 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 71 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 72 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 73 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 74 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 75 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 76 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 77 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 78 01 PERSONAL PROPERTY Replacement cost500 ,000 79 01 PERSONAL PROPERTY Replacement cost1 , 0 0 0 , 0 0 0 81 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 82 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 83 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 84 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 85 01 PERSONAL PROPERTY Replacement cost1 , 5 0 0 , 0 0 0 86 01 PERSONAL PROPERTY Replacement cost1 , 0 4 4 , 0 0 0 87 01 PERSONAL PROPERTY Replacement cost6 , 0 0 0 , 0 0 0 88 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 PB 81 S1 (01-01) INSURED COPY 78 03104 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 21 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL STATEMENT OF VALUES Policy Number: ACP BPR 3086553445 Policy Period: From 03-01-14 To 03-01-15 The values shown on this Statement of Values reflect the values you have requested or agreed to for each indi- vidual item that was included in the Blanket Limit of Insurance shown in the Declarations of your policy. By your acceptance of this policy in the payment of the premium due, you are acknowledging that the values shown below are correct to the best of your knowledge and belief. BLANKET PERSONAL PROPERTY Loc. Bldg. Description/Coverage Type Value Valuation of Property 89 01 PERSONAL PROPERTY Replacement cost965 ,000 90 01 PERSONAL PROPERTY Replacement cost1 , 2 0 0 , 0 0 0 91 01 PERSONAL PROPERTY Replacement cost500 ,000 92 01 PERSONAL PROPERTY Replacement cost500 ,000 PB 81 S1 (01-01) 66G6 INSURED COPY R 78 03375 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 22 of 384 PREMIER BUSINESSOWNERS POLICY STATEMENT OF VALUES Policy Number: Policy Period: From To Loc. Bldg. Description/Coverage Type Value Valuation of Property PB 81 S1 (01-01) INSURED COPY 03376 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 23 of 384 84 26787AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 RENEWAL DES MOINES, IA 50391-2000 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL COMMON DECLARATIONS Policy Number: ACP BPR 3086553445 Named Insured: VITAMIN COTTAGE NATURAL FOOD MARKETS INC - SEE NAMED INSURED SCHEDULE Mailing Address: 12612 W ALAMEDA PKWY LAKEWOOD, CO 80228-2824 Agency: ARTHUR J GALLAGHER AND CO Address: GLENDALE CA 91203-3944 Agency Phone Number: (818)539-2300 Policy Period: Effective From 03-01-14 To 03-01-15 12:01 AM Standard Time at your principal place of business. Form of your business entity: CORPORATION Description of your business: HEALTH FOOD STORE IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO PROVIDE THE INSURANCE STATED IN THIS POLICY. CONTINUATION PROVISION: If we offer to continue your coverage and you or your representative do not accept, this policy will automatically terminate on the expiration date of the current policy period stated above. Failure to pay the required premium when due shall mean that you have not accepted our offer to continue your coverage. This policy will terminate sooner if any portion of the current policy period premium is not paid when due. RENEWAL POLICY NOTICE: In an effort to keep insurance premiums as low as possible, we have streamlined your renewal policy by not including printed copies of policy forms or endorsements that have not changed from your expiring policies, unless they include variable information that is unique to you. Refer to your prior policies for printed copies of these forms. If you have a need for any form, they are available by request from your agent. $ 3 8 0 , 6 1 0 . 0 0TOTAL POLICY PREMIUM Previous Policy Number ACP BPR 7582710663 ENTRY DATE 03-21-14 Countersignature Date These Common Policy Declarations, together with the Common Policy Conditions, Coverage Form Declarations, Coverage Forms and any endorsements issued to form a part thereof, complete the Policy numbered above. PB 81 00 (01-01) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03377 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 24 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL SCHEDULE OF NAMED INSUREDS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Named Insured: VITAMIN COTTAGE NATURAL FOOD MARKETS INC - VITAMIN COTTAGE NATURAL FOOD MARKETS INC VITAMIN COTTAGE EMPLOYEE 401K PLAN BOULDER VITAMIN COTTAGE GROUP, LLC VITAMIN COTTAGE TWO, LTD LIABILITY COMPANY NATURAL GROCERS BY VITAMIN COTTAGE INC PB 81 00 (01-01) Page 2 of 2 INSURED COPY 78 03378 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 25 of 384 AMCO INSURANCE COMPANY IN WITNESS WHEREOF the Company has caused this policy to be signed by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company. SECRETARY PRESIDENT SP 00 02 01 08 Page 1 of 1 ACP BPR 3086553445 INSURED COPY 78 03379 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 26 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 3 3 , 4 9 9 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time03-01-14 TOTAL PREMIUM $ 3 3 , 4 9 9 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 004000 $ 3 , 5 5 0 . 0 0 LOC/BLDG DESCRIBED PREMISES 86 01 1433 WASHINGTON ST HEALTH FOOD STORE ADDED ADDRESS 1433 WASHINGTON ST CHANGED CITY FROM : TO : DENVER CHANGED CITY FROM : TO : CO ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 9 0 , 6 1 8 , 9 0 0 TO : $ 9 1 , 6 6 2 , 9 0 0 ADDED COVERAGE B LIMIT $ 1 , 0 4 4 , 0 0 0 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 1% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM N ADDED VISTA COUNTY 016 ADDED VISTA COUNTY MULTIPLIER DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03380 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 27 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 001 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 12612 W ALAMEDA PKWY LAKEWOOD CO 80228-2824 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanket Limit - Replacement cost $ 1 0 2 , 0 2 7 , 9 0 0 ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $32 ,500 $35 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $35 ,000 $50 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $35 ,000 $50 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03381 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 28 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 1-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 1-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03382 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 29 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 002 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 9030 W COLFAX AVE LAKEWOOD CO 80215-4022 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 1 , 1 9 2 , 4 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 1% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $21 ,500 $24 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion INCLUDED 2 - Demolition Cost and Broadened Increased Cost of Construction $25 ,000 Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03383 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 30 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 2-1 BUILDING JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 2-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03384 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 31 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 003 Building Number: 001 Construction: JOISTED MASONRY Premises Address 5231 LEETSDALE DR DENVER CO 80246-1429 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03385 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 32 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 3-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 3-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03386 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 33 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 004 Building Number: 001 Construction: MODIFIED FIRE RESISTIVE Premises Address 3333 S WADSWORTH BLVD LAKEWOOD CO 80227-5122 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03387 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 34 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 4-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 4-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03388 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 35 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 005 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 9670 E ARAPAHOE RD ENGLEWOOD CO 80112-3703 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03389 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 36 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 5-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 5-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03390 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 37 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 006 Building Number: 001 Construction: JOISTED MASONRY Premises Address 7745 WADSWORTH BLVD ARVADA CO 80003-2142 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03391 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 38 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 6-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 6-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03392 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 39 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 007 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 11550 W MEADOWS DR LITTLETON CO 80127-5862 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $17 ,500 $20 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03393 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 40 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 7-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 7-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03394 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 41 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 010 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 101 W 29TH ST PUEBLO CO 81008-1001 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $32 ,500 $35 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03395 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 42 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 10-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 10-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03396 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 43 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 011 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1291 BERGEN PKWY # B EVERGREEN CO 80439-9516 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03397 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 44 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 11-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 11-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03398 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 45 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 012 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 7690 N ACADEMY BLVD COLORADO SPRINGS CO 80920-3208 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $18 ,500 $21 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03399 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 46 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 12-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 12-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03400 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 47 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 013 Building Number: 001 Construction: FRAME Premises Address 4420 WYOMING BLVD NE ALBUQUERQUE NM 87111-3146 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $37 ,500 $40 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03401 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 48 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 13-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 13-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03402 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 49 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 014 Building Number: 001 Construction: FRAME Premises Address 2355 30TH ST BOULDER CO 80301-1103 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 1 , 0 5 4 , 9 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion INCLUDED 2 - Demolition Cost and Broadened Increased Cost of Construction $19 ,500 Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03403 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 50 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 14-1 BUILDING JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 14-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03404 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 51 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 016 Building Number: 001 Construction: JOISTED MASONRY Premises Address 2464 HIGHWAY 6 AND 50 STE 124 GRAND JUNCTION CO 81505-1134 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03405 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 52 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 16-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 16-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03406 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 53 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 017 Building Number: 001 Construction: FRAME Premises Address 3328 CERRILLOS RD SANTA FE NM 87507-7205 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03407 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 54 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 17-1 REALTY INCOME CORP. C/O WILLIS OF OHIO 200 PUBLIC SQ TOWER #3760, CLEVELAND, OH, 44114-0000 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 17-1 CONTENTS REALTY INCOME CORP. C/O WILLIS OF OHIO 200 PUBLIC SQ TOWER #3760, CLEVELAND, OH, 44114-0000 Additional Interest: Interest Number: Loan Number:M 3 Interest: LOC 17-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 4 Interest: LOC 17-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03408 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 55 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 018 Building Number: 001 Construction: FRAME Premises Address 4318 S COLLEGE AVE FT COLLINS CO 80525-3021 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 9 , 5 0 0 $12 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03409 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 56 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 18-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 18-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03410 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 57 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 019 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 100 W SOUTH BOULDER RD LAFAYETTE CO 80026-8835 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $31 ,500 $34 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03411 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 58 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 19-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 19-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03412 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 59 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 020 Building Number: 001 Construction: JOISTED MASONRY Premises Address 655 HIGHWAY 105 MONUMENT CO 80132-9161 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $24 ,500 $27 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03413 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 60 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 20-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 20-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03414 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 61 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 021 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1123 CAMINO DEL RIO DURANGO CO 81301-5105 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $22 ,500 $25 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03415 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 62 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 21-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 21-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03416 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 63 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 022 Building Number: 001 Construction: JOISTED MASONRY Premises Address 11402 S PARKER RD PARKER CO 80134-4809 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $25 ,500 $28 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03417 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 64 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 22-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 22-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03418 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 65 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 023 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 2375 15TH ST DENVER CO 80202-6160 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03419 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 66 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 23-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 23-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03420 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 67 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 024 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 761 ANEMONE TRAIL DILLON CO 80435-0000 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03421 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 68 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 24-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 24-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03422 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 69 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 025 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 100 W MEADOWS DR GLENWOOD SPRINGS CO 81601-8744 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $35 ,500 $38 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03423 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 70 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 25-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 25-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03424 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 71 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 027 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 15192 E HAMPDEN AVE AURORA CO 80014-3906 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 8 , 5 0 0 $11 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03425 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 72 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 27-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 27-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03426 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 73 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 028 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 1825 S NEVADA AVE COLORADO SPRINGS CO 80905-2516 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $25 ,500 $28 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 6 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03427 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 74 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 28-1 JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 28-1 CONTENTS JP MORGAN CHASE BANK NA SEE BLANK FOR PB2500 1125 17TH ST FL 3, DENVER, CO, 80202-2025 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03428 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 75 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 030 Building Number: 001 Construction: JOISTED MASONRY Premises Address 11465 WASHINGTON ST NORTHGLENN CO 80233-1954 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $47 ,500 $50 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03429 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 76 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03430 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 77 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 031 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 624 W TELEGRAPH ST WASHINGTON UT 84780-1538 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $17 ,500 $20 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03431 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 78 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03432 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 79 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 032 Building Number: 001 Construction: FRAME Premises Address 1265 SGT JON STILES DR HIGHLANDS RANCH CO 80129-2263 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $15 ,000 $25 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $23 ,500 $26 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03433 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 80 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03434 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 81 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 033 Building Number: 001 Construction: FRAME Premises Address 4510 TRAIL BOSS DR CASTLE ROCK CO 80104-7512 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: BUILDING WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $48 ,500 $51 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03435 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 82 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03436 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 83 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 034 Building Number: 001 Construction: FRAME Premises Address 2819 35TH AVE GREELEY CO 80634-9421 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: GREELY STORE-HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03437 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 84 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03438 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 85 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 035 Building Number: 001 Construction: FRAME Premises Address 9261 COORS BLVD NW ALBUQUERQUE NM 87114-4003 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE COORS BLVD WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03439 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 86 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03440 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 87 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 036 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1745 MAIN ST LONGMONT CO 80501-7431 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD & VITAMIN STORE LONGMONT WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 7 , 5 0 0 $10 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03441 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 88 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03442 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 89 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 037 Building Number: 001 Construction: FRAME Premises Address 3451 S RIO GRANDE AVE MONTROSE CO 81401-4836 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD AND VITAMIN STORE MONTROSE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03443 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 90 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03444 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 91 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 038 Building Number: 001 Construction: FRAME Premises Address 5116 FRONTIER MALL DR CHEYENNE WY 82009-7350 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE, CHEYENNE, WY WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03445 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 92 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03446 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 93 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 039 Building Number: 001 Construction: JOISTED MASONRY Premises Address 6774 S UNIVERSITY BLVD CENTENNIAL CO 80122-1513 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: CHERRY KNOLLS STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 7 , 5 0 0 $10 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03447 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 94 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03448 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 95 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 040 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 700 E 20TH ST FARMINGTON NM 87401-4205 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN/HEALTH FOOD STORE - FARMINGTON WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 7 , 5 0 0 $10 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 6 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03449 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 96 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03450 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 97 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 042 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 3650 E 2ND ST CASPER WY 82609-2280 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN AND GROCERY STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03451 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 98 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03452 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 99 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 044 Building Number: 001 Construction: JOISTED MASONRY Premises Address 400 N STADIUM BLVD COLUMBIA MO 65203-1150 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: RETAIL GROCERY STORE & HEALTH FOOD PRODUCTS - COLUMBIA WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $22 ,500 $25 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 6 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03453 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 100 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03454 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 101 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 045 Building Number: 001 Construction: JOISTED MASONRY Premises Address 1715 N ROCK RD WICHITA KS 67206-1258 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: GROCERY STORE & NATURAL HEALTH STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03455 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 102 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03456 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 103 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 046 Building Number: 001 Construction: JOISTED MASONRY Premises Address 1301 W 23RD ST LAWRENCE KS 66046-2737 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 2 0 5 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03457 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 104 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03458 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 105 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 047 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 1195 N MILWAUKEE ST BOISE ID 83704-8474 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $30 ,500 $33 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03459 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 106 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03460 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 107 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 048 Building Number: 001 Construction: JOISTED MASONRY Premises Address 9108 METCALF AVE OVERLAND PARK KS 66212-1408 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $17 ,500 $20 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03461 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 108 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03462 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 109 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 049 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 212 N 48TH ST LINCOLN NE 68504-3502 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 2 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 1% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $37 ,500 $40 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03463 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 110 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03464 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 111 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 050 Building Number: 001 Construction: JOISTED MASONRY Premises Address 1918 W MAIN ST, NORMAN, OK 73069-6456 AURORA CO 80014-0000 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN/GROCER STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $17 ,500 $20 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03465 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 112 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03466 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 113 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 051 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 7517 CAMPBELL RD DALLAS TX 75248-1792 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $32 ,500 $35 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03467 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 114 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03468 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 115 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 052 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 7400 SW 34TH AVE UNIT 13 AMARILLO TX 79121-1408 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $22 ,500 $25 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03469 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 116 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03470 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 117 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 053 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 3901 GUADALUPE ST AUSTIN TX 78751-4522 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $32 ,500 $35 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03471 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 118 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03472 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 119 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 054 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 10515 N MOPAC EXPY STE L AUSTIN TX 78759-5468 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03473 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 120 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03474 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 121 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 055 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 11661 PRESTON RD STE 224 DALLAS TX 75230-6173 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN/HEALTH FOOD STORE - PRESTON& FOREST WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03475 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 122 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03476 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 123 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 056 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1335 E WHITESTONE BLVD CEDAR POINT TX 78613-7598 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $25 ,000 $27 ,500 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03477 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 124 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03478 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 125 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 057 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 3116 N LOOP 250 W STE 500 MIDLAND TX 79707-6031 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN AND GROCERY STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $27 ,500 $30 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03479 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 126 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03480 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 127 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 058 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 3350 S CLACK ST ABILENE TX 79606-2207 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN AND GROCERY STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $37 ,500 $40 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03481 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 128 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03482 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 129 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 059 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 9400 GARLAND RD # 150 DALLAS TX 75218-3406 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN AND GROCERY STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03483 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 130 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03484 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 131 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 060 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 3621 S GENERAL BRUCE DR TEMPLE TX 76504-6332 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: VITAMIN/GROCERY STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $17 ,500 $20 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03485 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 132 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03486 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 133 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 061 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 304 S 24TH ST W BILLINGS MT 59102-5602 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 6 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 2% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $39 ,500 $42 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03487 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 134 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03488 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 135 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 062 Building Number: 001 Construction: JOISTED MASONRY Premises Address 503 W CLAY AVE FLAGSTAFF AZ 86001-6239 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 3 , 3 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $15 ,500 $18 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03489 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 136 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 62-1 PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 62-1 BPP PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03490 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 137 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 063 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 1470 GAIL GARDNER WAY PRESCOTT AZ 86305-1616 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 2 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 4% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 7 , 5 0 0 $10 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03491 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 138 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03492 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 139 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 064 Building Number: 001 Construction: JOISTED MASONRY Premises Address 335 S LINCOLN AVE STEAMBOAT SPRINGS CO 80487-8907 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 6 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03493 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 140 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 64-1 PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 64-1 BPP PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03494 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 141 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 065 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 1915 W STATE ROUTE 89A SEDONA AZ 86336-5531 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 3 , 1 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 4% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $12 ,500 $15 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03495 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 142 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 65-1 PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 65-1 BPP PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03496 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 143 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 066 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 2530 S 3RD ST W MISSOULA MT 59804-1329 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 6 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $13 ,500 $16 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03497 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 144 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 66-1 PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 66-1 BPP PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03498 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 145 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 067 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 2053 S COLORADO BLVD DENVER CO 80222-7904 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $19 ,500 $22 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03499 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 146 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03500 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 147 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 068 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 4403 TABLE MOUNTAIN DR # BC&D GOLDEN CO 80403-1684 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: DISTRIBUTION CENTER WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03501 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 148 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03502 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 149 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 069 Building Number: 001 Construction: JOISTED MASONRY Premises Address 3061 N MONTANA AVE HELENA MT 59601-0552 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 3 , 3 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 4% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $21 ,500 $24 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03503 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 150 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 69-1 BANK OF AMERICA N.A. CREB COLLATERAL ADMIN INS GROUP PO BOX 40329, JACKSONVILLE, FL, 32203-0329 Additional Interest: Interest Number: Loan Number:M 2 Interest: LOC 69-1 PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number:L 3 Interest: LOC 69-1 BPP PRUDENTIAL MORTGAGE CAPITAL CO LLC C/O PRUDENTIAL ASSET RESOURCES INC 2100 ROSS AVE STE 2500, DALLAS, TX, 75201-6732 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03504 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 151 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 070 Building Number: 001 Construction: JOISTED MASONRY Premises Address 1990 N PACIFIC HWY MEDFORD OR 97501-1635 Premises ID Occupancy OL Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 3 , 4 5 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $37 ,500 $40 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03505 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 152 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:L 1 Interest: LOC 7-1 BPP SYMETRA LIFE INS CO C/O BARRY SLATT MORTGAGE CO 819 MITTEN RD, BURLINGAME, CA, 94010-1323 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03506 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 153 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 071 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 110 W UNIVERSITY DR DENTON TX 76201-1851 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 3 , 2 4 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 1% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $47 ,500 $50 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03507 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 154 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03508 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 155 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 072 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 2395 US HIGHWAY 93 N KALISPELL MT 59901-2558 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $16 ,000 $18 ,500 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03509 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 156 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03510 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 157 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 073 Building Number: 001 Construction: FRAME Premises Address 17602 WRIGHT ST OMAHA NE 68130-2097 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORES WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $24 ,000 $26 ,500 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03511 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 158 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03512 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 159 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 074 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 7208 SLIDE RD LUBBOCK TX 79424-2553 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 3 3 5 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 1% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $23 ,500 $26 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03513 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 160 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03514 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 161 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 075 Building Number: 001 Construction: FRAME Premises Address 12155 SW BROADWAY ST BEAVERTON OR 97005-2145 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 5 , 0 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03515 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 162 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03516 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 163 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 076 Building Number: 001 Construction: MODIFIED FIRE RESISTIVE Premises Address 7831 DODGE ST OMAHA NE 68114-3411 Premises ID Occupancy OL Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 3 , 0 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 0% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03517 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 164 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03518 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 165 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 077 Building Number: 001 Construction: JOISTED MASONRY Premises Address 9137 E 71ST ST, TULSA, OK 74133 AURORA CO 80014-0000 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: GROCERY STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03519 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 166 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03520 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 167 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 078 Building Number: 001 Construction: JOISTED MASONRY Premises Address 3188 N HWY 97 STE 115 BEND OR 97701-7561 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 6 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03521 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 168 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03522 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 169 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 079 Building Number: 001 Construction: JOISTED MASONRY Premises Address 4250 COMMERCIAL ST SE SALEM OR 97302-3939 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 8 0 0 , 0 0 0 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 6 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03523 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 170 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03524 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 171 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 081 Building Number: 001 Construction: JOISTED MASONRY Premises Address 6475 S KIPLING WAY LITTLETON CO 80123-3327 Premises ID Occupancy OO Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 9 3 3 , 6 5 5 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03525 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 172 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03526 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 173 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 082 Building Number: 001 Construction: JOISTED MASONRY Premises Address 5836 SW 21ST ST TOPEKA KS 66604-4007 Premises ID Occupancy OL Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - Replacement cost $ 2 , 5 8 6 , 4 7 5 Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 3% 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 Appurtenant Structures - 10% of Building Limit of Insurance - maximum $50,000 any one structure INCLUDED Increased Cost of Construction $25 ,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $117 ,500 $120 ,000 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03527 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 174 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:L 1 Interest: LOC 81-1 LP FOR BUSINESS INCOME EVC WESTPORT LC 3501 SW FAIRLAWN RD # 300, TOPEKA, KS, 66614-3976 Additional Interest: Interest Number: Loan Number:L 2 Interest: LOC 82-1 LOSS PAYEE FOR BUSINESS INCOME VISION BANK 3031 SW WANAMAKER RD, TOPEKA, KS, 66614-4430 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03528 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 175 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 083 Building Number: 001 Construction: JOISTED MASONRY Premises Address 3910 LAWRENCE RD WICHITA FALLS TX 76308-1613 Premises ID Occupancy OL Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03529 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 176 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number:M 1 Interest: LOC 83-1 EVC WICHITA FALLS LC 3501 SW FAIRLAWN RD STE 200, TOPEKA, KS, 66614-3975 Additional Interest: Interest Number: Loan Number:M 2 Interest: LOC 83-1 ALLIANCE BANK 3001 SW WANAMAKER RD, TOPEKA, KS, 66614-4430 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03530 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 177 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 084 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1270 E 17TH ST IDAHO FALLS ID 83404-6147 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD & VITAMIN STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03531 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 178 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03532 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 179 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 085 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1235 NW 10TH ST CORVALLIS OR 97330-4520 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD & VITAMIN STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $15 ,000 $25 ,000 Outside the Premises (Limited) $10 ,000 $15 ,000 $25 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $40 ,000 $50 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Spoilage from Power Outage $50 ,000 PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03533 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 180 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03534 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 181 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 086 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 1433 WASHINGTON ST DENVER CO 80203-2009 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 NOT APPLICABLE AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03535 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 182 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03536 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 183 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 087 Building Number: 001 Construction: NON-COMBUSTIBLE Premises Address 3175 - 3185 S PLATTE RIVER DR ENGLEWOOD CO 80110-0000 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: DISTRIBUTION CENTER WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03537 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 184 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03538 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 185 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 088 Building Number: 001 Construction: JOISTED MASONRY Premises Address 13335 SHAWNEE MISSION PKWY SHAWNEE KS 66216-1854 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03539 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 186 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03540 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 187 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 089 Building Number: 001 Construction: JOISTED MASONRY Premises Address 222 W NEIDER AVE COEUR D ALENE ID 83815-9302 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03541 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 188 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03542 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 189 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 090 Building Number: 001 Construction: MASONRY NON-COMBUST Premises Address 3970 E LOHMAN AVE LAS CRUCES NM 88011-8274 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $5,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 1 ; P - 2 ; P - 7 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03543 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 190 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03544 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 191 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 091 Building Number: 001 Construction: JOISTED MASONRY Premises Address 150 CASA LINDA PLAZA DALLAS TX 75218-0000 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED Windstorm/Hail Deductible - Per Occurrence - PB5440 - $10,000 INCLUDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03545 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 192 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03546 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 193 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 Description of Premises Number: 092 Building Number: 001 Construction: JOISTED MASONRY Premises Address 11424 SE 82ND AVE HAPPY VALLEY OR 97086-7625 Premises ID Occupancy T Classification: HEALTH FOOD STORES Described as: HEALTH FOOD STORE WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED". $ 2,500The Property Coverage provided at this premises is subject to a Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Blanketed - Replacement cost INCLUDED ADDITIONAL COVERAGES - the Coverage Form Includes other Additional Coverages not shown. Business Income -ALS - Months - Hour Waiting Period -60Day Ordinary Payroll Limit12 NO INCLUDED Extra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building NOT PROVIDED 2.9%Automatic Increase in Insurance - Business Personal Property Back Up of Sewer and Drain Water (limit shown per Building, subject to policy aggregate)$25,000 $ 5 , 0 0 0 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable $25 ,000 $25 ,000 Valuable Papers and Records (At the Described Premises) $25 ,000 $25 ,000 Forgery and Alteration $10 ,000 $10 ,000 Money and Securities - Inside the Premises $10 ,000 $10 ,000 Outside the Premises (Limited) $10 ,000 $10 ,000 Outdoor Signs $ 2 , 5 0 0 $ 2 , 5 0 0 Outdoor Trees, Shrubs, Plants and Lawns $10 ,000 $10 ,000 Business Personal Property Away From Premises $15 ,000 $15 ,000 Business Personal Property Away From Premises - Transit $15 ,000 $15 ,000 Electronic Data $10 ,000 $10 ,000 Interruption of Computer Operations $10 ,000 $10 ,000 Building Property of Others $10 ,000 $10 ,000 OPTIONAL COVERAGES - Other frequently purchased coverage options. Employee Dishonesty $50,000 Policy Occurrence INCLUDED Ordinance or Law - 1 - Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED Ordinance or Law Broadened NOT PROVIDED PROTECTIVE SAFEGUARDS This premise has Protective Safeguards identified by symbols below. Insurance for Fire or Burglary and Robbery at this premise will be excluded if you do not notify us immediately if any of these safeguards are impaired. See for a description of each symbol. APPLICABLE SYMBOLS:PB 04 30 P - 2 ; AMCO INSURANCE COMPANYPB 81 01 (04-11) Page 1 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03547 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 194 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL MORTGAGEE ASSIGNMENT INFORMATION Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14To 03-01-15 Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: Additional Interest: Interest Number: Loan Number: Interest: PB 81 01 (04-11) Page 2 of 2 DIRECT BILL 66G6 DLS INSURED COPY UID X8 78 03548 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 195 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL LIABILITY DECLARATIONS Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 LIMITS OF INSURANCE Each Occurrence Limit of Insurance Per Occurrence $ 1 , 0 0 0 , 0 0 0 Per Person $ 5 , 0 0 0Medical Payments Coverage Sub Limit Per Covered Loss $300 ,000Tenants Property Damage Legal Liability Sub Limit Per Person Or Organization $ 1 , 0 0 0 , 0 0 0Personal and Advertising Injury All Occurrences $ 2 , 0 0 0 , 0 0 0Products – Completed Operations Aggregate All Occurrences $ 2 , 0 0 0 , 0 0 0General Aggregate (Other than Products – Completed Operations) AUTOMATIC ADDITIONAL INSUREDS STATUS The following persons or organizations are automatically insureds when you and they have agreed in a written contract or agreement that such person or organization be added as an additional insured on your policy. Co-Owners of Insured Premises Controlling Interest Grantor of Franchise or License Lessors of Leased Equipment Managers or Lessors of Leased Premises Mortgagee, Assignee or Receiver Owners or Other Interest from Whom Land has been Leased State or Political Subdivisions - Permits Relating to Premises PROPERTY DAMAGE DEDUCTIBLE NONE OPTIONAL COVERAGES Stop Gap Liability: Bodily Injury by Accident - Each Accident $ 1 , 0 0 0 , 0 0 0 Bodily Injury by Disease - Each Employee $ 1 , 0 0 0 , 0 0 0 Bodily Injury by Disease - Policy Limit $ 1 , 0 0 0 , 0 0 0 Employee Benefits - Retroactive Date 06 08 02 Each Employee $ 1 , 0 0 0 , 0 0 0 $1,000 Each Employee Deductible Aggregate $ 2 , 0 0 0 , 0 0 0 PB 81 03 (06-12) Page 1 of 2AMCO INSURANCE COMPANY DIRECT BILL 66G6 DLS INSURED COPY UID X8 REPRINT 78 03549 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 196 of 384 PREMIER BUSINESSOWNERS POLICY PREMIER RETAIL FORMS AND ENDORSEMENTS SUMMARY Policy Period: Policy Number: ACP BPR 3086553445 From 03-01-14 To 03-01-15 FORM NUMBER TITLE L I0021 0101 NUCLEAR ENERGY LIABILITY EXCLUSION PB0002 0411 PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM PB0006 0411 PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM PB0009 0411 PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS PB0412 0101 LIMITATION OF COVERAGE TO DESIGNATED PREMISES PB0415 0101 SPOILAGE FROM POWER OUTAGE PB0430 0411 PROTECTIVE SAFEGUARDS PB0498 0411 EMPLOYEE BENEFITS LIABILITY COVERAGE PB0534 0108 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM; EXCLUSION - PB2998 0908 EXCLUSION - VIOLATION OF CONSUMER PROTEC PB2999 0411 EXCLUSION - FUNGI OR BACTERIA PB5301 0411 INCREASED LIMITS - BUS PERSONAL PROPERTY AWAY FROM PREMISES PB5800 0411 SCHEDULED PROPERTY FLOATER PB9005 1103 COLORADO AMENDATORY ENDORSEMENT PB2500 0101 BLANK ENDORSEMENT PB6305 1105 STOP GAP - EMPLOYER LIABILITY COVERAGE PB1203 0101 LOSS PAYABLE PROVISIONS PB6308 0910 DEFINITION OF POLLUTANTS PB5440 0101 DEDUCTIBLE - WINDSTORM OR HAIL CAUSES OF LOSS PB0564 0108 CONDITIONAL EXCLUSION OF TERRORISM - EXC IMPORTANT NOTICES IN7002 0693 DISCLOSURE FORM CLAIMS - MADE POLICY - COLORADO IN7404 0107 IMPORTANT FLOOD INSURANCE NOTICE IN7575 0211 IMPORTANT INFORMATION REGARDING YOUR INSURANCE IN7589 1011 DATA BREACH RESOLUTION SERVICES IN7591 1011 LIFESTAGES IDENTITY MANAGEMENT AND RESOLUTION SERVICES IN7377 0806 INFORMATION FOR INSUREDS WHO HAVE TENANTS ANTI-SUBROGATION R IN7291 0114 POTENTIAL RESTRICTIONS OF TERRORISM COVERAGE IN7345 1105 IMPORTANT NOTICE - LIMITATION OF COVERAGE TO DESIGNATED PREM PB 81 03 (06-12) Page 2 of 2 INSURED COPY 78 03550 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 197 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 002 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 704 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $ 5 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03551 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 198 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 005000 $ . 0 0 LOC-BLDG 86 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 006000 $ 1 5 , 4 1 5 . 0 0 LOC/BLDG DESCRIBED PREMISES 87 01 3175 - 3185 S PLATTE RIVER DR DISTRIBUTION CENTER ADDED ADDRESS 3175 - 3185 S PLATTE RIVER DR CHANGED CITY FROM : TO : ENGLEWOOD CHANGED CITY FROM : TO : CO ADDED DESCRIPTION DISTRIBUTION CENTER CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 9 1 , 6 6 2 , 9 0 0 TO : $ 9 7 , 6 6 2 , 9 0 0 ADDED COVERAGE B LIMIT $ 6 , 0 0 0 , 0 0 0 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 2% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 003 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03552 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 199 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER O ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 703 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $ 5 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03553 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 200 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P - 2 ; P - 6 ; P -7 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 007000 $ . 0 0 LOC-BLDG 87 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 008000 $ 5 , 1 2 2 . 0 0 LOC/BLDG DESCRIBED PREMISES 88 01 13335 SHAWNEE MISSION PKWY HEALTH FOOD STORE ADDED ADDRESS 13335 SHAWNEE MISSION PKWY CHANGED CITY FROM : TO : SHAWNEE CHANGED CITY FROM : TO : KS ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 9 7 , 6 6 2 , 9 0 0 TO : $ 9 9 , 2 2 0 , 0 2 7 ADDED COVERAGE B LIMIT $ 1 , 5 5 7 , 1 2 7 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03554 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 201 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 046 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 701 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 011 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $10 ,000 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03555 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 202 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P -2 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 009000 $ . 0 0 LOC-BLDG 88 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 010000 $ 2 , 9 0 2 . 0 0 LOC/BLDG DESCRIBED PREMISES 89 01 222 W NEIDER AVE HEALTH FOOD STORE ADDED ADDRESS 222 W NEIDER AVE CHANGED CITY FROM : TO : COEUR D ALENE CHANGED CITY FROM : TO : I D ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 9 9 , 2 2 0 , 0 2 7 TO : $ 1 0 0 , 1 8 5 , 0 2 7 ADDED COVERAGE B LIMIT $965 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03556 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 203 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 2 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 028 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 701 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 022 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $ 5 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03557 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 204 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 2 ; P - 6 ; P -7 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 011000 $ . 0 0 LOC-BLDG 89 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 012000 $ 5 , 2 7 0 . 0 0 LOC/BLDG DESCRIBED PREMISES 90 01 3970 E LOHMAN AVE HEALTH FOOD STORE ADDED ADDRESS 3970 E LOHMAN AVE CHANGED CITY FROM : LAS CRUCES TO : LAS CRUCES CHANGED CITY FROM : NM TO : NM ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 0 , 1 8 5 , 0 2 7 TO : $ 1 0 1 , 3 8 5 , 0 2 7 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03558 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 205 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ADDED COVERAGE B LIMIT $ 1 , 2 0 0 , 0 0 0 ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 2 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 007 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 002 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 704 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $ 5 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03559 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 206 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P - 2 ; P - 6 ; P -7 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 013000 $ . 0 0 LOC-BLDG 90 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 014000 $ 1 , 1 1 0 . 0 0 LOC/BLDG DESCRIBED PREMISES 91 01 150 CASA LINDA PLAZA HEALTH FOOD STORE ADDED ADDRESS 150 CASA LINDA PLAZA CHANGED CITY FROM : DALLAS TO : DALLAS CHANGED CITY FROM : TX TO : TX ADDED DESCRIPTION HEALTH FOOD STORE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03560 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 207 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 1 , 3 8 5 , 0 2 7 TO : $ 1 0 1 , 8 8 5 , 0 2 7 ADDED COVERAGE B LIMIT $500 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED TOWN GROUP 3 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 057 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER O ADDED VISTA COUNTY CENT F ADDED VISTA PROTECTION CLASS 002 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 004 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 005 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $10 ,000 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03561 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 208 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P-2 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 015000 $ . 0 0 LOC-BLDG 91 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 016000 $ 2 , 3 7 6 . 0 0 LOC/BLDG DESCRIBED PREMISES 92 01 11424 SE 82ND AVE HEALTH FOOD STORE ADDED ADDRESS 11424 SE 82ND AVE CHANGED CITY FROM : TO : HAPPY VALLEY CHANGED CITY FROM : TO : OR DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03562 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 209 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 1 , 8 8 5 , 0 2 7 TO : $ 1 0 2 , 3 8 5 , 0 2 7 ADDED COVERAGE B LIMIT $500 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 003 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 702 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03563 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 210 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P-2 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 017000 $ . 0 0 LOC-BLDG 92 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 026000 $ 1 4 . 0 0 LOC/BLDG DESCRIBED PREMISES 88 01 13335 SHAWNEE MISSION PKWY SHAWNEE KS HEALTH FOOD STORE CHANGED WIND AND HAIL DEDUCTIBLE FROM : $10 ,000 TO : $ 5 , 0 0 0 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03564 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 211 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 027000 $ 1 2 2 . 0 0 - LOC/BLDG DESCRIBED PREMISES 86 01 1433 WASHINGTON ST DENVER CO HEALTH FOOD STORE CHANGED PROPERTY DEDUCTIBLE FROM : $ 1 , 0 0 0 TO : $ 2 , 5 0 0 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 028000 $ 4 8 8 . 0 0 - LOC/BLDG DESCRIBED PREMISES 87 01 3175 - 3185 S PLATTE RIVER DR ENGLEWOOD CO DISTRIBUTION CENTER CHANGED PROPERTY DEDUCTIBLE FROM : $ 1 , 0 0 0 TO : $ 2 , 5 0 0 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 029000 $ 1 , 2 6 2 . 0 0 - LOC/BLDG DESCRIBED PREMISES 88 01 13335 SHAWNEE MISSION PKWY SHAWNEE KS HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 2 , 3 8 5 , 0 2 7 TO : $ 1 0 2 , 0 2 7 , 9 0 0 CHANGED COVERAGE B LIMIT FROM : $ 1 , 5 5 7 , 1 2 7 TO : $ 1 , 2 0 0 , 0 0 0 CHANGED PROPERTY DEDUCTIBLE FROM : $ 2 , 5 0 0 TO : $ 2 , 5 0 0 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 030000 $ 1 1 6 . 0 0 - LOC/BLDG DESCRIBED PREMISES 89 01 222 W NEIDER AVE COEUR D ALENE I D HEALTH FOOD STORE CHANGED PROPERTY DEDUCTIBLE FROM : $ 1 , 0 0 0 TO : $ 2 , 5 0 0 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 031000 $ 1 1 4 . 0 0 - LOC/BLDG DESCRIBED PREMISES 90 01 3970 E LOHMAN AVE LAS CRUCES NM HEALTH FOOD STORE CHANGED PROPERTY DEDUCTIBLE FROM : $ 1 , 0 0 0 TO : $ 2 , 5 0 0 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03565 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 212 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-01-14 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 032000 $ 1 2 4 . 0 0 - LOC/BLDG DESCRIBED PREMISES 92 01 11424 SE 82ND AVE HAPPY VALLEY OR HEALTH FOOD STORE CHANGED PROPERTY DEDUCTIBLE FROM : $ 1 , 0 0 0 TO : $ 2 , 5 0 0 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 033000 $ 3 4 . 0 0 - LOC/BLDG DESCRIBED PREMISES 91 01 150 CASA LINDA PLAZA DALLAS TX HEALTH FOOD STORE CHANGED PROPERTY DEDUCTIBLE FROM : $ 1 , 0 0 0 TO : $ 2 , 5 0 0 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03566 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 213 of 384 BUSINESSOWNERS PB 00 02 04 11 PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM TABLE OF CONTENTS A. COVERAGES................................ ................................ ................................ ................................ .......................2 1. COVERED PROPERTY................................ ................................ ................................ ............................... 2 2. PROPERTY NOT COVERED................................ ................................ ................................ ...................... 3 3. COVERED CAUSES OF LOSS................................ ................................ ................................ ................... 3 4. LIMITATIONS................................ ................................ ................................ ................................ ............... 3 5. ADDITIONAL COVERAGES................................ ................................ ................................ ........................ 4 a. Debris Removal................................ ................................ ................................ ................................ .....4 b. Preservation Of Property................................ ................................ ................................ ....................... 4 c. Fire Department Service Charge................................ ................................ ................................ ...........5 d. Fire Extinguisher Recharge................................ ................................ ................................ ...................5 e. Collapse................................ ................................ ................................ ................................ .................5 f. Water Damage, Other Liquids, Powder Or Molten Material Damage ................................ ...................6 g. Business Income ................................ ................................ ................................ ................................ ...6 h. Extra Expense ................................ ................................ ................................ ................................ .......7 i. Pollutant Clean Up And Removal ................................ ................................ ................................ ..........7 j. Civil Authority................................ ................................ ................................ ................................ .........8 k. Money Orders And Counterfeit Money................................ ................................ ................................ ..8 l. Forgery And Alteration................................ ................................ ................................ ........................... 8 m. Increased Cost Of Construction – Damaged Property................................ ................................ ..........9 n. Equipment Breakdown ................................ ................................ ................................ ........................ 10 o. Arson Reward for Conviction................................ ................................ ................................ ...............12 p. Money And Securities................................ ................................ ................................ .......................... 12 q. Appurtenant Structures................................ ................................ ................................ ........................ 13 r. Back Up Of Sewer Or Drain Water Damage................................ ................................ .......................13 s. Dependent Properties – Business Income ................................ ................................ .......................... 13 t. Limited Coverage for Fungi, Wet Rot Or Dry Rot................................ ................................ ................13 u. Building Property of Others................................ ................................ ................................ ..................14 v. Unauthorized Business Card Use ................................ ................................ ................................ .......15 w. Computer Fraud And Funds Transfer Fraud................................ ................................ .......................15 6. COVERAGE EXTENSIONS................................ ................................ ................................ ....................... 15 a. Newly Acquired or Constructed Property................................ ................................ ............................. 15 b. Newly Acquired Property - Business Income................................ ................................ .......................16 c. Personal Property Off-premises ................................ ................................ ................................ ..........16 d. Outdoor Trees, Shrubs, Plants, and Lawns................................ ................................ ......................... 16 e. Outdoor Signs................................ ................................ ................................ ................................ ......16 f. Personal Effects ................................ ................................ ................................ ................................ ..16 g. Valuable Papers And Records ................................ ................................ ................................ ............17 h. Accounts Receivable................................ ................................ ................................ ........................... 17 i. Salespersons Samples................................ ................................ ................................ ........................ 18 j. Business Income and Extra Expense –Increased Period of Restoration Due to Ordinance or Law...18 k. Removal Permit ................................ ................................ ................................ ................................ ...18 l. Electronic Data ................................ ................................ ................................ ................................ ....18 m. Interruption of Computer Operations................................ ................................ ................................ ...19 B. EXCLUSIONS ................................ ................................ ................................ ................................ ....................19 C. LIMITS OF INSURANCE................................ ................................ ................................ ................................ ....24 D. DEDUCTIBLES ................................ ................................ ................................ ................................ ..................25 E. PROPERTY LOSS CONDITIONS ................................ ................................ ................................ .....................26 F. PROPERTY GENERAL CONDITIONS................................ ................................ ................................ ..............30 G. OPTIONAL COVERAGES ................................ ................................ ................................ ................................ .31 1. Employee Dishonesty Optional Coverage................................ ................................ ................................ ..31 2. Ordinance or Law Optional Coverages................................ ................................ ................................ ......32 3. Optional Amendment of Coverage - Exclude Theft ................................ ................................ ................... 35 H. PROPERTY DEFINITIONS................................ ................................ ................................ ................................ 35 PB 00 02 04 11 Page 1 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03567 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 214 of 384 PB 00 02 04 11 PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insureds shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Please refer to Section H. PROPERTY DEFINITIONS. A. (a) Additions under construction,COVERAGES alterations and repairs to theWe will pay for direct physical loss of or damage buildings or structures;to Covered Property at the described premises in the Declarations caused by or resulting from any (b) Materials, equipment, supplies and Covered Cause of Loss. temporary structures, on or within 1,000 feet of the described1. COVERED PROPERTY premises, used for making Covered Property includes Buildings as additions, alterations or repairs to described under paragraph a. below, the buildings or structures; and Business Personal Property as described (7) Garages, storage buildings, spas,under paragraph b. below, or both, depending swimming pools, fences, retainingon whether a Limit of Insurance is shown in walls or other appurtenant structuresthe Declarations for that type of property. usual to your business, but only if:Regardless of whether coverage is shown in (a) Coverage is not provided for suchthe Declarations for Buildings, Business structures under the AppurtenantPersonal Property, or both, there is no Structures Additional Coverage;coverage for property described under andparagraph 2, PROPERTY NOT COVERED. (b) Such structures are thena. , meaning the describedBuildings described in the Declarations.buildings and structures at the described premises, including: b. located inBusiness Personal Property or on the buildings at the described(1) Completed additions; premises or in the open (or in a vehicle)(2) Fixtures, including outdoor fixtures; within 1,000 feet of the described (3) Permanently installed: premises, consisting of the following: (a) Machinery; (1) Personal property you own that is (b) Equipment; and used in your business, including but not limited to furniture, fixtures,(c) Tanks, including pumps; machinery, equipment and “stock”;(4) Your personal property in apartments, (2) Personal property of others that is inrooms or common areas furnished by your care, custody or control, exceptyou as landlord; as otherwise provided in Condition 5.(5) Personal property owned by you that Loss Payment under Section E.is used to maintain or service PROPERTY LOSS CONDITIONS;buildings or structures or the (3) Tenant improvements andpremises, including: betterments. Improvements and(a) Fire extinguishing equipment; betterments are fixtures, alterations, (b) Outdoor furniture; installations or additions: (c) Floor coverings; (a) Made a part of the building or (d) Appliances used for refrigerating, structure you occupy but do not ventilating, cooking, dishwashing own; and or laundering; and (b) You acquired or made at your (e) Outdoor radio or television antennas expense but cannot legally (including satellite dishes) and their remove; and lead-in wiring, mast and towers; (4) Leased personal property which you (6) If not covered by other insurance: have a contractual responsibility to Page 2 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03568 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 215 of 384 PB 00 02 04 11 (4) Leased personal property which you k. “Computer(s)” which are permanently have a contractual responsibility to installed or designed to be permanently insure, unless otherwise provided for installed in any aircraft, watercraft, under paragraph (2) personal motortruck or other vehicle subject to property of others above. motor vehicle registration. This paragraph does not apply to “computer(s)” while(5) Exterior building glass, if you are a held as “stock”;tenant and no Limit of Insurance is shown in the Declarations for Building l. “Electronic data”, except as provided in property. The glass must be owned by the Electronic Data or Equipment you or in your care, custody or control Breakdown Additional Coverages. This and you must be contractually paragraph l. does not apply to your obligated to repair or replace it. We will “stock” of prepackaged software. also pay for necessary repair or 3. COVERED CAUSES OF LOSS replacement of encasing frames. This Coverage Form insures against Risks Of 2. PROPERTY NOT COVERED Direct Physical Loss unless the loss is: Covered Property does not include: a. Excluded in Section B. EXCLUSIONS; a. Aircraft, automobiles, motortrucks and other b. Limited in paragraph A.4. LIMITATIONS vehicles subject to motor vehicle registration; in this section; or b. "Money" or "securities" except as c. Limited or excluded in Section E.provided in: PROPERTY LOSS CONDITIONS or (1) Money and Securities Additional Section F. PROPERTY GENERAL Coverage; CONDITIONS. (2) Computer Fraud And Funds Transfer 4. LIMITATIONS Fraud Additional Coverage; or a. We will not pay for loss of or damage to:(3) Employee Dishonesty under Section (1) Steam boilers, steam pipes, steamG. OPTIONAL COVERAGES; engines or steam turbines caused byc. Contraband, or property in the course of or resulting from any condition or eventillegal transportation or trade; inside such equipment. But we will pay d. Land (including land on which the property for loss of or damage to such is located), water, growing crops; equipment caused by or resulting from e. Outdoor signs (other than signs attached an explosion of gases or fuel within the to buildings), trees, shrubs, plants or lawns furnace of any fired vessel or within the (other than "stock" of trees, shrubs or flues or passages through with the plants), all except as provided in the: gases of combustion pass. (1) Outdoor Signs Coverage Extension; or This limitation does not apply to loss or damage provided under the Equipment(2) Outdoor Trees, Shrubs, Plants and Breakdown Additional Coverage.Lawns Coverage Extension. (2) Hot water boilers or other waterf. Watercraft (including motors, equipment heating equipment caused by orand accessories) while afloat; resulting from any condition or eventg. Gasoline or diesel fuel contained in above inside such boilers or equipment,ground or underground storage tanks; other than an explosion. h. Property that is covered under another This limitation does not apply to loss orcoverage form of this or any other policy damage provided under the Equipmentin which it is more specifically described, Breakdown Additional Coverage.except for the excess of the amount due (3) Property that is missing, where the(whether you can collect it or not) from only evidence of the loss or damage isthat other insurance; a shortage disclosed on takingj. Grain, hay, straw or other crops while in inventory, or other instances wherethe open; there is no physical evidence to show j. Accounts, bills, food stamps, other what happened to the property. This evidences of debt, accounts receivable or limitation does not apply to Money and “valuable papers and records”; except as Securities Additional Coverage. otherwise provided in this policy; PB 00 02 04 11 Page 3 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03569 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 216 of 384 PB 00 02 04 11 (4) Property that has been transferred to (3) $2,500 for patterns, dies, molds and a person or to a place outside the forms. described premises on the basis of 5. ADDITIONAL COVERAGES unauthorized instructions. a. Debris Removal This limitation does not apply to loss (1) We will pay your expense to removeor damage provided under the debris of Covered Property caused byUnauthorized Business Card Use or or resulting from a Covered Cause ofComputer Fraud. Loss that occurs during the policy (5) Fences, spas, outdoor swimming pools period. The expenses will be paid only and related equipment, retaining walls, if they are reported to us in writing pavements, bulkheads, pillars, wharves within 180 days of the date of direct or docks caused by freezing or thawing, physical loss or damage. impact of watercraft, or by the pressure (2) The most we will pay under this Debrisor weight of snow, sleet, ice or water Removal Additional Coverage is:whether driven by wind or not. (a) 25% of the amount we pay for the(6) The interior of any building or structure, direct physical loss of or damage toor to personal property in the building or Covered Property; plusstructure, caused by or resulting from (b) The deductible in this policyrain, snow, sleet, ice, sand or dust, applicable to that loss or damage.whether driven by wind or not, unless: This Debris Removal Additional(a) The building or structure first Coverage will not increase the Limitssustains damage by a Covered of Insurance provided by this policy.Cause of Loss to its roof or walls through which the rain, snow, HOWEVER, this limitation does not sleet, ice, sand or dust enters; or apply to any additional debris removal limit provided in paragraph (4) below.(b) The loss or damage is caused by or results from thawing of snow, sleet (3) This Debris Removal Additional or ice on the building or structure. Coverage does not apply to costs to: b. We will not pay for loss of or damage to (a) Extract "pollutants" from land or the following types of property unless water; caused by the “specified causes of loss” (b) Remove, restore or replace or building glass breakage: polluted land or water; or (1) Fragile articles such as glassware, (c) Extract “pollutants” from Covered statuary, marbles, chinaware and Property. porcelains, if broken. This limitation (4) If:does not apply to: (a) The sum of direct physical loss or(a) Glass that is part of the exterior or damage and debris removalinterior of a building or structure; expense exceeds the Limit of (b) Containers of property held for Insurance; or sale; or (b) The debris removal expense (c) Photographic or scientific exceeds the amount payable under instrument lenses. the 25% Debris Removal coverage c. For loss or damage by theft, the following limitation in paragraph (2) above; types of property are covered only up to we will pay up to an additional the limits shown: $25,000 for each location in any one (1) $2,500 for furs, fur garments and occurrence under this Debris garments trimmed with fur. Removal Additional Coverage. (2) $5,000 for jewelry, watches, watch b. Preservation Of Property movements, jewels, pearls, precious (1) If it is necessary to move Covered and semi-precious stones, bullion, Property from the described premises gold, silver, platinum and other to preserve it from loss or damage by a precious alloys or metals. This limit Covered Cause of Loss, we will pay for does not apply to jewelry and watches any direct physical loss of or damage to worth $250 or less per item. that property: Page 4 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03570 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 217 of 384 PB 00 02 04 11 (a) While it is being moved or while more of the following: temporarily stored at another (a) Building decay that is hidden premises; and from view, unless the presence of (b) Only if the loss or damage occurs such decay is known to an within 45 days after the property insured prior to collapse; is first moved. (b) Insect or vermin damage that is (2) This Preservation of Property Additional hidden from view, unless the Coverage will not increase the Limits of presence of such decay is known Insurance provided by this policy. to an insured prior to collapse; c. (c) Use of defective material orFire Department Service Charge methods in construction,(1) When the fire department is called to remodeling or renovation if thesave or protect Covered Property from abrupt collapse occurs during thea Covered Cause of Loss, we will pay course of the construction,up to $25,000 for your liability for fire remodeling or renovation.department service charges: (d) Use of defective materials or(a) Assumed by contract or methods in construction,agreement prior to loss; or remodeling or renovation if the (b) Required by local ordinance. abrupt collapse occurs after the (2) The limit for this Fire Department construction, remodeling or Service Charge Additional Coverage is renovation is complete, but only if in addition to the Limits of Insurance. the collapse is caused in part by: (3) No deductible applies to this Fire (i) A cause of loss listed in Department Service Charge paragraph (2)(a) or (2)(b); Additional Coverage. (ii) One or more of the “specified d. Fire Extinguisher Recharge causes of loss”; (1) We will pay the expense you incur to (iii) Breakage of building glass; recharge portable fire extinguishers (iv) Weight of people or personal when used to combat a covered fire. property; or (2) This Fire Extinguisher Recharge (v) Weight of rain, snow, sleet or Additional Coverage is not subject to ice, that collects on a roof. the Limits of Insurance. (3) This Collapse Additional Coverage (3) No deductible applies to this Fire does not apply to: Extinguisher Recharge Additional (a) A building or any part of aCoverage. building that is in danger of falling e. Collapse down or caving in; The coverage provided under this Collapse (b) A part of a building that is standing, Additional Coverage applies only to an even if it has separated from another abrupt collapse as described and limited in part of the building; or paragraphs e.(1) through e.(7). (c) A building that is standing or any (1) For the purpose of this Collapse part of a building that is standing, Additional Coverage abrupt collapse even if it shows evidence of means an abrupt falling down or cracking, bulging, sagging, caving in of a building or any part of a bending, leaning, settling, building with the result that the shrinkage or expansion. building or part of the building cannot (4) With respect to the following property:be occupied for its intended purpose. (a) Outdoor radio or television antennas(2) We will pay for direct physical loss of or (including satellite dishes) and theirdamage to Covered Property, caused lead-in wiring, mast or towers;by abrupt collapse of a building or any (b) Awnings, gutters and downspouts;part of a building that is insured under (c) Yard fixtures;this policy or that contains Covered Property insured under this policy, if (d) Outdoor swimming pools; such collapse is caused by one or (e) Fences; PB 00 02 04 11 Page 5 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03571 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 218 of 384 PB 00 02 04 11 (f) Bulkheads, pilings, piers, also pay the cost to tear out and wharves and docks; replace any part of the building or structure to repair damage to the(g) Beach or diving platforms or system or appliance from which theappurtenances; water or other substance escapes.(h) Retaining walls; and (2) We will not pay the cost to repair any (i) Walks, roadways and other defect that caused the loss or damagepaved surfaces; except as provided in Equipment if an abrupt collapse is caused by a Breakdown Additional Coverage; but we cause of loss listed in (2)(a) through will pay the cost to repair or replace (2)(d) above, we will pay for loss or damaged parts of fire extinguishing damage to that property in (a) equipment if the damage: through (i) above only if such loss or (a) Results in discharge of anydamage is a direct result of abrupt substance from an automatic fire collapse of a building insured under protection system; orthis policy and the property is (b) Is directly caused by freezing.Covered Property under this policy. (3) This Water Damage Additional(5) If personal property abruptly falls Coverage will not increase the Limitsdown or caves in and such collapse of Insurance provided in this policy.is not the result of abrupt collapse of a building or any part of a building, g. Business Income we will pay for loss of or damage to (1) Business Income with Ordinary Covered Property caused by such Payroll Limitation collapse of personal property only if: (a) We will pay for the actual loss of (a) The collapse of personal property “business income” you sustain due was caused by a Cause of Loss listed to the necessary suspension of in (2)(a) through (2)(d) above; your "operations" during the (b) The personal property which "period of restoration". The collapses is inside a building; and suspension must be caused by direct physical loss of or damage to(c) The property which collapses is not property at the described premises.of a kind listed in paragraph (4), The loss or damage must beregardless of whether that kind of caused by or result from a Coveredproperty is considered to be Cause of Loss. With respect to losspersonal property or real property. of or damage to personal propertyThe coverage stated in this paragraph in the open or personal property in(5) does not apply to personal property a vehicle, the described premisesif marring and/or scratching is the only include the area within 1,000 feetdamage to that personal property of the site at which the describedcaused by collapse. premises are located. (6) This Collapse Additional Coverage (b) With respect to the requirementsdoes not apply to personal property set forth in the precedingthat has not abruptly fallen down or paragraph, if you occupy only partcaved in, even if the personal of the site at which the describedproperty shows evidence of cracking, premises are located, yourbulging, sagging, bending, leaning, premises means:settling, shrinkage or expansion. (i) The portion of the building(7) This Collapse Additional Coverage which you rent, lease orwill not increase the Limits of occupy; andInsurance provided in this policy. (ii) Any area within the building orf. Water Damage, Other Liquids, Powder on the site at which theOr Molten Material Damage described premises are (1) If a covered loss to which this located, if that area services, insurance applies was caused by or or is used to gain access to, resulted from water or other liquid, the described premises. powder or molten material, we will Page 6 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03572 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 219 of 384 PB 00 02 04 11 (c) We will only pay for loss of premises caused by or resulting “business income” that you sustain from any Covered Cause of Loss. during the "period of restoration" (3) This Business Income Additional and that occurs within the number Coverage is not subject to the Limits of consecutive months shown in of Insurance. the Declarations for Business h. Extra ExpenseIncome – Actual Loss Sustained (1) We will pay necessary “extraafter the date of direct physical loss expense” you incur during the "periodor damage. We will only pay for of restoration" that you would not“ordinary payroll expenses” for the have incurred if there had been nonumber of days shown in the direct physical loss of or damage toDeclarations for Ordinary Payroll property at the described premises.Limit following the date of direct The loss or damage must be causedphysical loss or damage. by or result from a Covered Cause of(2) Extended Business Income Loss. With respect to loss of or (a) If the necessary suspension of damage to personal property in the your "operations" produces a open or personal property in a “business income” loss payable vehicle, the described premises under this policy, we will pay for the include the area within 1,000 feet of actual loss of “business income” the site at which the described you incur during the period that: premises are located. (i) Begins on the date property (2) With respect to the requirements set except finished stock is forth in the preceding paragraph, if actually repaired, rebuilt or you occupy only part of the site at replaced and "operations" are which the described premises are resumed; and located, your premises means: (ii) Ends on the earlier of: (a) The portion of the building which i. The date you could you rent, lease or occupy; and restore your "operations", (b) Any area within the building or on with reasonable speed, the site at which the described to the level which would premises are located, if that area generate the “business services, or is used to gain access income” amount that to, the described premises. would have existed if no (3) We will only pay for “extra expense”direct physical loss or that occurs within the number ofdamage had occurred; or consecutive months shown in the ii. Sixty (60) consecutive days Declarations for Extra Expense after after the date determined in the date of direct physical loss or (2)(a)(i) above, unless a damage. greater number of days is (4) This Extra Expense Additionalshown for Extended Business Coverage is not subject to the LimitsIncome Increased Period of of Insurance.Indemnity in the Declarations i. Pollutant Clean Up And Removalat that described premises. (1) We will pay your expense to extractHOWEVER, Extended Business "pollutants" from land, water orIncome does not apply to loss of Covered Property at the described“business income” incurred as a premises if the discharge, dispersal,result of unfavorable business seepage, migration, release orconditions caused by the impact escape of the "pollutants" is causedof the Covered Cause of Loss in by or results from a Covered Causethe area where the described of Loss that occurs during the policypremises are located. period. The expenses will be paid(b) Loss of a “business income” must only if they are reported to us inbe caused by direct physical loss writing within 180 days of the date ofor damage at the described direct physical loss or damage. PB 00 02 04 11 Page 7 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03573 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 220 of 384 PB 00 02 04 11 (2) This Pollutant Clean Up And Removal after the time of the first action of civil Additional Coverage does not apply to: authority that prohibits access to the described premises and will end:(a) Costs to test for, monitor or assess the existence, concentration or (1) 30 days after the time of that action; or effects of "pollutants"; or (2) When your Civil Authority coverage (b) Any penalties or assessments for “business income” ends; that may be charged against you whichever is later. due to any statute, regulation or The definitions of Business Income andordinance. Extra Expense contained in the Business But we will pay for testing which is Income and Extra Expense Additional performed in the course of extracting Coverages also apply to this Civil the "pollutants" from land or water. Authority Additional Coverage. The Civil (3) The most we will pay for each location Authority Additional Coverage is not under this Pollutant Clean Up And subject to the Limits of Insurance. Removal Additional Coverage is k. Money Orders And Counterfeit Money $25,000 for the sum of all such (1) We will pay for loss resulting directlyexpenses arising out of Covered from your having accepted in goodCauses of Loss occurring during each faith, in exchange for merchandise,separate 12 month period of this policy. “money” or services: (4) The limit for this Pollutant Clean Up (a) Money orders issued by any postAnd Removal Additional Coverage is office, express company or bankin addition to the Limits of Insurance. that are not paid upon j. Civil Authority presentation; or When a Covered Cause of Loss causes (b) “Counterfeit money” that is damage to property other than property at acquired during the regular the described premises, we will pay for course of business. the actual loss of Business Income you (2) The most we will pay for any losssustain and necessary Extra Expense under this Money Orders Andcaused by action of civil authority that Counterfeit Money Additionalprohibits access to the described Coverage is $5,000.premises, provided that both of the (3) The limit for this Money Orders Andfollowing apply: Counterfeit Money Additional(1) Access to the area immediately Coverage is in addition to the Limitssurrounding the damaged property is of Insurance.prohibited by civil authority as a result l. Forgery And Alterationof the damage, and the described premises are within that area but are (1) We will pay for loss resulting directly not more than one mile from the from forgery or alteration of, any damaged property; and check, draft, promissory note, bill of exchange or similar written promise(2) The action of civil authority is taken in of payment in "money" that you orresponse to dangerous physical your agent has issued, or that wasconditions resulting from the damage issued by someone whoor continuation of the Covered Cause impersonates you or your agent.of Loss that caused the damage, or the action is taken to enable a civil (2) If you are sued for refusing to pay the authority to have unimpeded access check, draft, promissory note, bill of to the damaged property. exchange or similar written promise of payment in "money", on the basisCivil Authority coverage for “business that it has been forged or altered, andincome” will begin 72 hours after the time you have our written consent toof the first action of civil authority that defend against the suit, we will payprohibits access to the described for any reasonable legal expensespremises and will apply for a period of up that you incur in that defense.to 30 days after coverage begins. (3) For the purpose of this coverage,Civil Authority coverage for necessary check includes a substitute check as“extra expense” will begin immediately Page 8 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03574 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 221 of 384 PB 00 02 04 11 defined in the Check Clearing for the due to the presence, growth, st21 Century Act, and will be treated proliferation, spread or any the same as the original it replaced. activity of “fungi”, wet rot or dry rot; or(4) The most we will pay for any loss, including legal expenses, under this (b) Any costs associated with the Additional Coverage is $10,000, enforcement of an ordinance or unless a higher Limit of Insurance is law which requires any insured or shown in the Declarations. others to test for, monitor, clean up, remove, contain, treat,(5) The limit for this Forgery And detoxify or neutralize, or in anyAlteration Additional Coverage is in way respond to or assess theaddition to the Limits of Insurance. effects of “pollutants”, “fungi”, wet m. Increased Cost Of Construction – rot or dry rot. Damaged Property (6) The most we will pay under this (1) This Additional Coverage applies only Increased Cost Of Construction – to buildings insured on a replacement Damaged Property Additional cost basis. Coverage, for each described (2) In the event of damage by a Covered building insured under this Coverage Cause of Loss to a building that is Form, is $25,000. Covered Property, we will pay the The limit for this Increased Cost Of increased costs incurred to comply Construction – Damaged Property with enforcement of an ordinance or Additional Coverage is in addition to law in the course of repair, rebuilding the Limits of Insurance. or replacement of damaged parts of (7) With respect to this Increased Costthat property, subject to the Of Construction – Damaged Propertylimitations stated in paragraphs (3) Additional Coverage:through (9) of this Increased Cost Of Construction – Damaged Property (a) We will not pay any costs: Additional Coverage. (i) Until the property is actually (3) The ordinance or law referred to in repaired or replaced, at the paragraph (2) of this Increased Cost same described premises or Of Construction – Damaged Property another premises; and Additional Coverage is an ordinance (ii) Unless the repairs or or law that regulates the construction replacement are made as or repair of buildings or establishes soon as reasonably possible zoning or land use requirements at after the loss or damage, not the described premises, and is in to exceed two years. We may force at the time of loss. extend this period in writing (4) Under this Increased Cost Of during the two years. Construction – Damaged Property (b) If the building is repaired or Additional Coverage, we will not pay replaced at the same described any costs due to an ordinance or law premises, or if you elect to rebuild that: at another premises, the most we (a) You were required to comply with will pay for the Increased Cost of before the loss, even when the Construction is the increased building was undamaged; and cost of construction at the same described premises.(b) You failed to comply with. (c) If the ordinance or law requires(5) Under this Increased Cost Of relocation to another premises,Construction – Damaged Property the most we will pay for theAdditional Coverage, we will not pay for: Increased Cost of Construction is (a) The enforcement of any the increased cost of construction ordinance or law which requires at the new premises for a building demolition, repair, replacement, of like, kind and quality and of the reconstruction, remodeling or same size and use. remediation of property due to contamination by “pollutants” or PB 00 02 04 11 Page 9 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03575 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 222 of 384 PB 00 02 04 11 (8) This Increased Cost Of Construction – goods” by refrigerant, including but Damaged Property Additional Coverage not limited to ammonia, which is is not subject to the terms of the addressed in (3)(c)(ii) below. Ordinance or Law Exclusion, to the Additional costs mean those extent that such exclusion would conflict beyond what would have been with the provisions of this Increased required had no “hazardous Cost Of Construction – Damaged substance” been involved. Property Additional Coverage. The most we will pay for loss, n. Equipment Breakdown damage or expense under this (1) We will pay for direct physical loss of coverage, including actual loss of or damage to Covered Property "business income" you sustain caused by or resulting from an and necessary "extra expense" "accident" to "covered equipment". you incur is $50,000. If an initial "accident" causes other (c) Perishable Goods "accidents", all will be considered one (i) We will pay for physical "accident". All "accidents" that are the damage to "perishable result of the same event will be goods" due to spoilage. considered one "accident". (ii) We will also pay for physical (2) If a dollar deductible is shown in the damage to "perishable goods" declarations for this Equipment due to contamination from the Breakdown Additional Coverage, we release of refrigerant, including will first subtract the applicable but not limited to ammonia. deductible amount from any loss we (iii) We will also pay necessarywould otherwise pay. We will then expenses you incur to reducepay the amount of loss in excess of the amount of loss under thisthe applicable deductible up to the coverage. We will pay forapplicable limit for this coverage. such expenses to the extent If no dollar deductible is shown for that they do not exceed the Equipment Breakdown Additional amount of loss that otherwise Coverage, the Property Deductible would have been payable shown in the Declarations applies. under this coverage. (3) The following coverages also apply to (iv) If you are unable to replace the loss caused by or resulting from an "perishable goods" before its "accident" to "covered equipment". anticipated sale, the amount of These coverages do not provide our payment will be determined additional amounts of insurance. on the basis of the sales price of (a) the "perishable goods" at theExpediting Expenses time of the "accident", lessWith respect to your damaged discounts and expenses youCovered Property, we will pay, up otherwise would have had.to $50,000, the reasonable extra Otherwise our payment will becost to: determined in accordance with (i) Make temporary repairs; and Condition 5. Loss Payment (ii) Expedite permanent repairs under Section E. PROPERTY or replacement. LOSS CONDITIONS. (b) Hazardous Substances The most we will pay for loss, damage or expenses under thisWe will pay for the additional cost coverage is $50,000.to repair or replace Covered Property because of (d) Service Interruption contamination by a "hazardous (i) The insurance provided under substance". This includes the the Business Income additional expenses to clean up Additional Coverage, the Extra or dispose of such property. Expense Additional Coverage This does not include and for (c) Perishable Goods in contamination of “perishable this Equipment Breakdown Page 10 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03576 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 223 of 384 PB 00 02 04 11 Additional Coverage, is environment, more efficient or safer extended to apply to your loss, than the equipment being replaced. damage or expense caused by HOWEVER, we will not pay more the interruption of utility under this additional coverage services. The interruption must than 125% of what the cost would result from an "accident" to have been to repair or replace with equipment, including overhead like kind and quality. transmission lines, that is This provision does not increaseowned by a utility, landlord, a any of the applicable limits.landlord’s utility or other (4) Additional Exclusionssupplier who provides you with any of the following services: (a) We will not pay under this electrical power, waste Equipment Breakdown Additional disposal, air conditioning, Coverage for loss, damage or refrigeration, heating, natural expense caused by or resulting gas, compressed air, water or from: steam, internet access, (i) Any defect, programming error, telecommunications services, programming limitation, wide area networks or data “computer” virus, malicious transmission. The equipment code, loss of data, loss of must meet the definition of access, loss of use, loss of “covered equipment” except functionality or other condition that it is not Covered Property. within "electronic data". But if (ii) Service Interruption coverage an "accident" results, we will will not apply unless the failure pay for the resulting loss, or disruption of service exceeds damage or expense; or 24 hours immediately following (ii) Any of the following tests: the “accident”. i. A hydrostatic, pneumatic (iii) The most we will pay for loss, or gas pressure test of damage or expense under this any boiler or pressure coverage is the limit that applies vessel; or to Business Income, Extra ii. An electrical insulationExpense or Perishable Goods. breakdown test of any type (e) Electronic Data Restoration of electrical equipment. We will pay for your reasonable (b) With respect to (d) Service and necessary cost to research, Interruption coverage, we will not replace and restore lost pay for an “accident” caused by or electronic data. resulting from: fire; lightning; The most we will pay for loss or windstorm or hail; explosion expense under this coverage, (except for steam or centrifugal including actual loss of "business explosion); smoke; aircraft or income" you sustain and vehicles; riot or civil commotion; necessary "extra expense" you vandalism; sprinkler leakage; incur, is $50,000. falling objects; weight of snow, ice or sleet; freezing; collapse; flood;(f) Environmental, Safety and or earth movement.Efficiency Improvements (c) Exclusion B.1.h. Fungi, Wet Rot OrThe following provision does not Dry Rot does not apply to spoilageapply to property insured on an of personal property that is“actual cash value” basis. “perishable goods,” to the extentIf “covered equipment” requires that spoilage is covered under (c) replacement due to loss or damage Perishable Goods coverage.caused by or resulting from an (d) We will not pay under this“accident”, we will pay your Equipment Breakdown Additionaladditional cost to replace with Coverage for any loss or damageequipment that is better for the to animals. PB 00 02 04 11 Page 11 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03577 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 224 of 384 PB 00 02 04 11 (5) p.Additional Conditions Money And Securities (a) (1) We will pay for loss of "money" andSuspension "securities" used in your business whileWhenever "covered equipment" is at a bank or savings institution, withinfound to be in, or exposed to a your living quarters or the living quartersdangerous condition, any of our of your partners or any employee havingrepresentatives may immediately use and custody of the property, at thesuspend the insurance against loss described premises, or in transit byfrom an "accident" to that "covered direct route between any of theseequipment". This can be done by places, resulting directly from:mailing or delivering a written notice of suspension to: your address as (a) Theft, meaning any act of stealing; shown in the Declarations, or at the (b) Disappearance; or address where the equipment is (c) Destruction.located. Once suspended in this (2) In addition to the Limitations andway, your insurance can be Exclusions applicable to propertyreinstated only by written notice of coverage, we will not pay for loss:reinstatement from us. (a) Resulting from accounting or(b) Jurisdictional Inspections arithmetical errors or omissions; If "covered equipment" under this (b) Due to the giving or surrenderingEquipment Breakdown Additional of property in any exchange orCoverage requires inspection to purchase;comply with state or municipal boiler and pressure vessel regulations, we (c) Of property contained in any agree to perform such inspection on "money"-operated device unless the your behalf. We do not warrant that amount of "money" deposited in it is conditions are safe or healthful. recorded by a continuous recording instrument in the device; or(6) The most we will pay for loss, damage or expense under this (d) From an unattended motor vehicle. Equipment Breakdown Additional (e) That is covered under the Coverage arising from any one Unauthorized Business Card Use “accident” is the applicable Limit of or Computer Fraud And Funds Insurance shown in the Declarations. Transfer Fraud Additional This Equipment Breakdown Additional Coverages. Coverage will not increase the Limits of (3) The most we will pay under this Money Insurance provided by this policy. and Securities Additional Coverage for o. loss in any one occurrence is:Arson Reward for Conviction (1) In the event that a covered fire loss was (a) , $10,000 forInside the Premises the result of an act of arson, we will pay "money" and "securities" while: a reward to anyone, other than paid (i) In or on the described investigators, who gives legal authorities premises; or information that leads to the conviction (ii) Within a bank or savingsof anyone who committed such arson. institution; (2) We will pay up to 10 percent of the unless a higher Limit of Insuranceamount of the insured fire loss or for "money" and "securities" inside$10,000, whichever is less. This the premises is shown in thepayment is the most we will pay in Declarations; andany one occurrence, regardless of (b) (Limited –Outside the Premisesthe number of persons providing loss from an unattended motorinformation or convicted of arson. vehicle is excluded), $10,000 for(3) The limit for this Arson Reward for "money" and "securities" whileConviction Additional Coverage is in anywhere else, unless a higheraddition to the Limits of Insurance. Limit of Insurance for "money" and (4) No deductible applies to this Arson "securities" outside the premises is Reward for Conviction Additional shown in the Declarations. Coverage. Page 12 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03578 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 225 of 384 PB 00 02 04 11 (4) All loss: (2) We will pay for loss of or damage to Covered Property caused by water that(a) Caused by one or more persons; or backs up or overflows from a sewer or (b) Involving a single act or series of drain, sump pump well or similar device related acts; designed to prevent overflow, seepage is considered one occurrence. or leakage of subsurface water. (5) You must keep records of all "money" HOWEVER, we will not pay for loss or and "securities" so we can verify the damage that results from sewer back- amount of any loss or damage. up or sump pump overflow that occurs (6) The limit for this Money and during the period beginning 10 days Securities Additional Coverage is in before and ending 10 days after a “flood” on the described premises.addition to the Limits of Insurance. (3) The most we will pay for loss orq. Appurtenant Structures damage under this coverage is:(1) We will pay for direct physical loss of or (a) $5,000 per building; ordamage to any separate garages, storage buildings, swimming pools, (b) $25,000 in any one policy period, spas, fences, retaining walls and other regardless of the number of losses; appurtenant structures usual to your unless a higher Limit of Insurance for business at the described premises in Back Up Of Sewer Or Drain Water the Declarations caused by or resulting Damage is shown in the Declarations. from any Covered Cause of Loss. (4) The limit of insurance that applies to (2) The most we will pay for loss or damage coverage under this Back Up Of Sewer under this Appurtenant Structures Or Drain Water Damage Additional Additional Coverage in any one Coverage includes any loss arising from occurrence is 10% of the Building Limit debris removal expense, Business of Insurance shown in the Declarations Income Additional Coverage and Extra for that described building. Expense Additional Coverage. HOWEVER, if the value of any one (5) The limit for this Back Up Of Sewer garage, storage building, swimming Or Drain Water Damage Additional pool, spa, fence, retaining wall or Coverage is in addition to the Limits other appurtenant structure exceeds of Insurance. $50,000, this Appurtenant Structures (6) The Debris Removal AdditionalAdditional Coverage does not apply Coverage does not apply to this Backto that structure. Up Of Sewer Or Drain Water (3) The limit for this Appurtenant Damage Additional Coverage. Structures Additional Coverage is in s. Dependent Properties – Businessaddition to the Limits of Insurance. Income r. Back Up Of Sewer Or Drain Water (1) We will pay for the actual loss ofDamage "business income" you sustain due to (1) For the purpose of this Back Up Of the necessary and unavoidable Sewer Or Drain Water Damage suspension of your "operations" Additional Coverage the following during the "period of restoration". The definition is added; suspension must be caused by direct “Flood” means a general and physical loss of or damage to temporary condition of partial or "dependent property" caused by or complete inundation of normally dry resulting from any Covered Cause of land areas from: Loss. (a) The unusual and rapid (2) We will only pay for loss of "business accumulation or runoff of surface income" that occurs within 12 waters from any source; consecutive months after the date of direct physical loss or damage.(b) The overflow of inland or tidal waters; or (3) This Dependent Properties – Business Income Additional Coverage is not(c) Waves, tides or tidal waves. subject to the Limits of Insurance. PB 00 02 04 11 Page 13 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03579 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 226 of 384 PB 00 02 04 11 t. Limited Coverage for Fungi, Wet Rot by “fungi”, wet rot or dry rot, and other Or Dry Rot loss or damage, we will not pay more, for the total of all loss or damage,(1) The coverage described in than the applicable Limit of Insuranceparagraphs v.(2) and v.(6) only on the affected Covered Property.applies when the “fungi”, wet rot or dry rot are the result of a “specified cause If there is covered loss or damage to of loss” other than fire or lightning that Covered Property, not caused by occurs during the policy period and “fungi”, wet rot or dry rot, loss only if all reasonable means were payment will not be limited by the used to save and preserve the terms of this Limited Coverage, property from further damage at the except to the extent that “fungi”, wet time of and after that occurrence. rot or dry rot causes an increase in the loss. Any such increase in the(2) We will pay for loss or damage by loss will be subject to the terms of this“fungi”, wet rot or dry rot. As used in limited coverage.this Limited Coverage, the term loss or damage means: (5) The terms of this Limited Coverage do not increase or reduce the(a) Direct physical loss or damage to coverage provided under the WaterCovered Property caused by Damage, Other Liquids, Powder Or“fungi”, wet rot or dry rot, Molten Material Damage or Collapseincluding the cost of removal of Additional Coverages.the “fungi”, wet rot or dry rot; (6) The following applies only if Business(b) The cost to tear out and replace Income and/or Extra Expenseany part of the building or other Coverage applies to the describedproperty as needed to gain premises and only if the suspensionaccess to the “fungi”, wet rot or of “operations” satisfies all the termsdry rot; and and conditions of the applicable (c) The cost of testing performed Business Income and/or Extra after removal, repair, Expense Additional Coverage. replacement or restoration of the (a) If the loss which resulted indamaged property is completed, “fungi”, wet rot or dry rot does notprovided there is a reason to in itself necessitate a suspensionbelieve that “fungi”, wet rot or dry of “operations”, but suchrot are present. suspension is necessary due to (3) The coverage described under this loss or damage to property Limited Coverage is limited to caused by “fungi”, wet rot or dry $15,000. Regardless of the number rot, then our payment under the of claims, this limit is the most we will Business Income and/or Extra pay for the total of all loss or damage Expense is limited to the amount arising out of all occurrences of of loss and/or expense sustained “specified causes of loss” (other than in a period of not more than 30 fire or lightning) which take place in a days. The days need not be 12-month period (starting with the consecutive. beginning of the present annual (b) If a covered suspension ofpolicy period). With respect to a “operations” was caused by lossparticular occurrence of loss which or damage other than “fungi”, wetresults in “fungi”, wet rot or dry rot, we rot or dry rot, but remediation ofwill not pay more than the total of “fungi”, wet rot or dry rot prolongs$15,000 even if the “fungi”, wet rot or the “period of restoration”, we willdry rot continues to be present or pay for loss and/or expenseactive, or recurs, in a later policy sustained during the delayperiod. (regardless of when such a delay (4) The coverage provided under this occurs during the “period of Limited Coverage does not increase restoration”), but such coverage the applicable Limit of Insurance on is limited to 30 days. The days any Covered Property. If a particular need not be consecutive. occurrence results in loss or damage Page 14 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03580 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 227 of 384 PB 00 02 04 11 u. Building Property of Others (2) The most we will pay under this Computer Fraud And Funds Transfer(1) If you occupy a described premises Fraud Additional Coverage for loss inas a tenant, and a written lease or any one occurrence is $10,000.rental agreement for that premises requires you to pay for loss of or (3) All loss: damage to a part of building property (a) Caused by one or more persons; you do not own, we will pay for direct or physical loss of or damage to that (b) Involving a single act or series ofpart of building property, other than related acts;exterior glass, caused by a Covered is considered one occurrence.Cause of Loss. (4) The limit for this Unauthorized(2) The most we will pay for any loss or Business Card Use Additionaldamage under this Building Property Coverage is in addition to the Limitsof Others Additional Coverage is of Insurance.$10,000, unless a higher limit is shown in the Declarations. 6. COVERAGE EXTENSIONS (3) The limit for this Building Property of Except as otherwise provided, the following Others Additional Coverage is in Extensions apply to property located in or on addition to the Limits of Insurance. the described building in the Declarations or in the open (or in a vehicle) within 1,000 feetv. Unauthorized Business Card Use of the described premises.(1) We will pay for the legal obligation In addition to the Limits of Insurance, youyou have because of the theft or may extend the insurance provided by thisunauthorized use of your business policy as follows.credit, debit or charge cards issued to you or registered in your name or the a. Newly Acquired or Constructed name of your business. Property (2) The most we will pay under this (1) Buildings Unauthorized Business Card Use If this policy covers Buildings, you Additional Coverage for loss in any may extend that insurance to apply one occurrence is $10,000. to: (3) All loss: (a) Your new buildings while being (a) Caused by one or more persons; or built on the described premises; and(b) Involving a single act or series of related acts; (b) Buildings you acquire at premises other than the one described,is considered one occurrence. intended for:(4) The limit for this Unauthorized Business (i) Similar use as the describedCard Use Additional Coverage is in building in the Declarations;addition to the Limits of Insurance. orw. Computer Fraud And Funds Transfer (ii) Use as a warehouse.Fraud The most we will pay for loss or(1) We will pay for: damage under this Buildings(a) Loss resulting from "fraudulent Coverage Extension is $1,000,000 atinstruction" directing a financial each building.institution to transfer, pay or (2) Business Personal Propertydeliver "money" or "securities" from your "transfer account"; or If this policy covers Business Personal Property, you may extend(b) Loss directly related to the use of that insurance to apply to:any computer to fraudulently cause a transfer of covered (a) Business Personal Property, property from inside the including such property that you described premises to a person newly acquire, other than at fairs (other than a messenger) or or exhibitions, at any premises place outside those premises. you acquire; PB 00 02 04 11 Page 15 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03581 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 228 of 384 PB 00 02 04 11 (b) Business Personal Property, (b) 180 days after you acquire the including such property that you property; or newly acquire, located at your newly (c) You report values to us. constructed or acquired buildings at We will charge you any additional premiumthe described premises; or from the date you acquire the property. (c) Business Personal Property that c. Personal Property Off-premisesyou newly acquire, located at the You may extend the insurance provideddescribed premises. by this policy to apply to your CoveredThis Extension does not apply to Property, other than "money" andpersonal property that you temporarily "securities", "valuable papers andacquire in the course of installing or records" or accounts receivable, while itperforming work on such property or is in the course of transit or at a premisesyour wholesale activities. you do not own, lease or operate. The most we will pay for loss or The most we will pay for loss or damagedamage under this Business Personal under this Personal Property Off-Property Coverage Extension is premises Coverage Extension is $15,000.$500,000 at each building. d. Outdoor Trees, Shrubs, Plants, and(3) Period Of Coverage Lawns With respect to insurance on or at (1) You may extend the insuranceeach newly acquired or constructed provided by this policy to apply toproperty, coverage will end when any your outdoor trees, shrubs, plantsof the following first occurs: and lawns (other than "stock"), (a) This policy expires; including debris removal expense, (b) 180 days after you acquire the caused by or resulting from any of the property or begin construction of following Causes of Loss: that part of the building that would Fire; Lightning; Explosion; Aircraft or qualify as covered property; or vehicles; Riot or civil commotion; (c) You report values to us. Vandalism; or Theft. We will charge you additional premium (2) The most we will pay for loss or for values reported from the date you damage under this Outdoor Trees, acquire the property or begin Shrubs, Plants, and Lawns Coverage construction of that part of the building Extension is $10,000 in any one that would qualify as covered property. occurrence, unless a higher limit for outdoor trees, shrubs, plants, andb. Newly Acquired Property - Business lawns is shown in the Declarations,Income but not more than $2,500 for any one (1) You may extend the insurance that tree, shrub or plant.applies to Business Income Additional (3) The Debris Removal AdditionalCoverages to apply to property at any Coverage does not apply to thispremises you newly acquire, other Outdoor Trees, Shrubs, Plants, andthan temporary premises such as fairs Lawns Coverage Extension.or exhibitions, whether attended regularly or not. e. Outdoor Signs (2) The most we will pay for loss under (1) You may extend the insurance this Newly Acquired Property - provided by this policy to apply to Business Income Coverage your outdoor signs, including debris Extension is the lesser of: removal expense. (a) The actual loss of "business (2) The most we will pay for loss or income" you sustain, as provided for damage under this Outdoor Signs and described under the Business Coverage Extension is $2,500 in any Income Additional Coverage; or one occurrence, unless a higher limit for outdoor signs is shown in the(b) $100,000. Declarations.(3) This insurance will end the earlier of: (a) This policy expires; Page 16 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03582 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 229 of 384 PB 00 02 04 11 (3) The Debris Removal Additional the extent that the contents of the Coverage does not apply to this "valuable papers and records" are not Outdoor Signs Coverage Extension. restored, the "valuable papers and records" will be valued at the cost off. Personal Effects replacement with blank materials of You may extend the insurance that applies substantially identical type. to Business Personal Property to apply to (5) Section B. EXCLUSIONS of thispersonal effects owned by you, your Coverage Form does not apply to thisofficers, your partners or “members”, your Valuable Papers And Records“managers” or your employees. Coverage Extension except for: HOWEVER, personal effects does not (a) Paragraph B.1.c., Governmentalinclude: Action; (1) Tools or equipment used in your (b) Paragraph B.1.d., Nuclear Hazard;business; or (c) Paragraph B.1.f., War And(2) “Money”, “securities” or jewelry. Military Action; The most we will pay for loss or damage (d) Paragraph B.2.f., Dishonesty;under this Personal Effects Coverage Extension is $10,000 in any one (e) Paragraph B.2.g., False Pretense; occurrence, but not more than $2,500 for (f) Paragraph B.2.m.(2), Errors Or the personal effects of any one individual. Omissions; and g. Valuable Papers And Records (g) Paragraph B.3. (1) You may extend the insurance provided h. Accounts Receivable by this policy to apply to direct physical (1) You may extend the insuranceloss or damage to "valuable papers and provided by this policy to apply torecords" that you own, or that are in your records of accounts receivable.your care, custody or control, caused by We will pay:or resulting from a Covered Cause of (a) All amounts due from yourLoss. This Valuable Papers And customers that you are unable toRecords Coverage Extension includes collect;the cost to research, replace or restore the lost information on "valuable papers (b) Interest charges on any loan and records" for which duplicates do not required to offset amounts you exist. are unable to collect pending our payment of these amounts;(2) This Valuable Papers And Records Coverage Extension does not apply to: (c) Collection expenses in excess of your normal collection expenses(a) Property held as samples or for that are made necessary by lossdelivery after sale; or damage; and(b) Property in storage away from (d) Other reasonable expenses thatthe described premises. you incur to re-establish your(3) The most we will pay under this records of accounts receivable;Valuable Papers And Records that result from direct physical loss orCoverage Extension for loss of or damage by any Covered Cause ofdamage to "valuable papers and Loss to your records of accountsrecords", in any one occurrence at receivable.the described building is $25,000, unless a higher Limit of Insurance for (2) The most we will pay under this "valuable papers and records" is Accounts Receivable Coverage shown in the Declarations. Extension for loss or damage in any one occurrence at the described building isFor "valuable papers and records" $25,000, unless a higher Limit ofnot at the described premises, the Insurance for accounts receivable ismost we will pay is $25,000. shown in the Declarations.(4) Loss or damage to "valuable papers For records of accounts receivableand records" will be valued at the not at the described premises, thecost of restoration or replacement of most we will pay is $25,000.the lost or damaged information. To PB 00 02 04 11 Page 17 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03583 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 230 of 384 PB 00 02 04 11 (3) Section B. EXCLUSIONS of this k. Removal Permit Coverage Form does not apply to this If Covered Personal Property is removedAccounts Receivable Coverage to a new premise that is described in theExtension except for: Declarations, you may extend this (a) Paragraph B.1.c., Governmental insurance to include that Covered Action; Personal Property at each premise during (b) Paragraph B.1.d., Nuclear Hazard; the removal. Coverage at each premises will apply in the proportion that the value at(c) Paragraph B.1.f., War And each premises bears to the value of allMilitary Action; Covered Personal Property being(d) Paragraph B.2.f., Dishonesty; removed. This permit applies up to 30 (e) Paragraph B.2.g., False Pretense; days after the date Covered Personal (f) Paragraph B.3.; and Property is first removed at the previous premises; after that, this Removal Permit(g) Paragraph B.6., Accounts Coverage Extension does not apply at theReceivable Exclusion. previous premises. i. Salespersons Samples l. Electronic Data (1) You may extend the insurance that (1) You may extend the insuranceapplies to Business Personal provided by this policy to apply to theProperty to apply to salespersons cost to replace or restore “electronicsamples while away from the data” which has been destroyed ordescribed premises. corrupted by a Covered Cause of (2) The most we will pay under this Loss, a “computer” virus, harmful Salespersons Samples Coverage code or similar instruction introduced Extension for loss or damage in any into or enacted on a “computer” one occurrence is $10,000. system (including “electronic data”) or j. Business Income and Extra Expense – a network to which it is connected, Increased Period of Restoration Due to designed to damage or destroy any Ordinance or Law part of the system or disrupt its normal operation. But there is noIf a Covered Cause of Loss occurs to coverage for loss or damage causedproperty at the described premises, by or resulting from manipulation of acoverage is extended to include the “computer” system (includingamount of actual and necessary loss you “electronic data”) by any employee,sustain during the “period of restoration” including a temporary or leasedof “operations” caused by or resulting employee, or by an entity retained byfrom the enforcement of any ordinance or you, or for you, to inspect, design,law that: install, modify, maintain, repair or(1) Regulates the construction or repair replace that system.of any property; (2) To the extent that “electronic data” is(2) Requires the tearing down of parts of not replaced or restored, the loss willany property not damaged by a be valued at the cost of replacementCovered Cause of Loss; and of the media on which the “electronic (3) Is in force at the time of loss. data” was stored, with blank media of HOWEVER, coverage is not extended substantially identical type. under this Business Income and Extra (3) The most we will pay under this Expense –Increased Period of Restoration Electronic Data Coverage Extension Due to Ordinance or Law Extension to for all loss or damage sustained in any include loss caused by or resulting from one policy year, regardless of the the enforcement of any ordinance or law number of occurrences of loss or which requires any insured or others to damage or the number of buildings, test for, monitor, clean up, remove, locations or “computer” systems contain, treat, detoxify or neutralize, or in involved, is $10,000, unless a higher any way respond to, or assess the effects Limit of Insurance is shown in the of "pollutants". Declarations. If loss payment on the first occurrence does not exhaust this Page 18 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03584 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 231 of 384 PB 00 02 04 11 amount, then the balance is available in one policy year and continues or for subsequent loss or damage results in additional loss or expense in a sustained in, but not after, that policy subsequent policy year(s), all loss and year. With respect to an occurrence expense is deemed to be sustained or which begins in one policy year and incurred in the policy year in which the continues or results in additional loss interruption began. or damage in a subsequent policy (3) This Interruption of Computer year(s), all loss or damage is deemed Operations Coverage Extension does to be sustained in the policy year in not apply to loss sustained or which the occurrence began. expense incurred after the end of the (4) This Electronic Data Coverage “period of restoration”, even if the Extension does not apply to losses amount of insurance stated in (3) covered under the Equipment above has not been exhausted. Breakdown Additional Coverage. (4) Coverage for Business Income does m. not apply when a suspension ofInterruption of Computer Operations “operations” is caused by destruction(1) You may extend the insurance that or corruption of “electronic data”, orapplies to Business Income and Extra any loss or damage to “electronicExpense Additional Coverages to apply data”, except as provided underto a suspension of “operations” caused paragraphs (1) through (3) of thisby an interruption in “computer” Interruption of Computer Operationsoperations due to destruction or Coverage Extension.corruption of “electronic data” due to “specified causes of loss”, Collapse or a (5) Coverage for Extra Expense does not “computer” virus, harmful code or similar apply when action is taken to avoid or instruction introduced into or enacted on minimize a suspension of “operations” a “computer” system (including caused by destruction or corruption of “electronic data”) or a network to which “electronic data”, or any loss or it is connected, designed to damage or damage to “electronic data”, except as destroy any part of the system or disrupt provided under paragraphs (1) through its normal operation. But there is no (3) of this Interruption of Computer coverage for an interruption related to Operations Coverage Extension. manipulation of a “computer” system (6) This Interruption of Computer (including “electronic data”) by any Operations Coverage Extension does employee, including a temporary or not apply to losses covered under the leased employee, or by an entity Equipment Breakdown Additional retained by you, or for you, to inspect, Coverage. design, install, modify, maintain, repair B. EXCLUSIONSor replace that system. 1. We will not pay for loss or damage caused(2) The most we will pay under this directly or indirectly by any of the following.Interruption of Computer Operations Such loss or damage is excluded regardlessCoverage Extension for all loss of any other cause or event that contributessustained and expense incurred in any concurrently or in any sequence to the loss.one policy year, regardless of the These exclusions apply whether or not thenumber of interruptions or the number of loss event results in widespread damage orbuildings, locations or “computer” affects a substantial area.systems involved, is $10,000 unless a a. Ordinance Or Lawhigher Limit of Insurance is shown in the Declarations. If loss payment relating to The enforcement of any ordinance or law: the first interruption does not exhaust (1) Regulating the construction, use or this amount, then the balance is repair of any property; or available for loss or expense sustained (2) Requiring the tearing down of anyor incurred as a result of subsequent property, including the cost ofinterruptions in that policy year. A removing its debris; orbalance remaining at the end of a policy year does not increase the amount of (3) Requiring the removal or disposal of insurance in the next policy year. With “pollutants”. respect to any interruption which begins PB 00 02 04 11 Page 19 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03585 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 232 of 384 PB 00 02 04 11 This Ordinance Or Law Exclusion applies direct physical loss of or damage to whether the loss results from: Covered Property. c. Governmental Action(1) An ordinance or law that is enforced even if the property has not been Seizure or destruction of property by damaged; or order of governmental authority. (2) The increased costs incurred to comply But we will pay for loss or damage with an ordinance or law in the course caused by or resulting from acts of of construction, repair, renovation, destruction ordered by governmental remodeling or demolition of property or authority and taken at the time of a fire to removal of its debris, following a prevent its spread, if the fire would be physical loss to that property. covered under this policy. b. Earth Movement d. Nuclear Hazard (1) Earthquake, including any earth sinking, Nuclear reaction or radiation, or radioactive rising or shifting related to such event; contamination, including but not limited to radon gas, however caused.(2) Landslide, including any earth sinking, rising or shifting related to such event; But if nuclear reaction or radiation, or radioactive contamination, results in fire,(3) Mine subsidence, meaning subsidence we will pay for the loss or damage causedof a man-made mine, whether or not by that fire.mining activity has ceased; (4) Earth sinking (other than sinkhole e. Utility Services collapse), rising or shifting including The failure of power, communication, soil conditions which cause settling, water or other utility service supplied to cracking or other disarrangement of the described premises, however caused, foundations or other parts of realty. if the failure occurs away from the Soil conditions include contraction, described premises. expansion, freezing, thawing, Failure of any utility service includes lack erosion, improperly compacted soil of sufficient capacity and reduction in and the action of water under the supply. ground surface. Loss or damage caused by a surge of But if Earth Movement, as described in (1) power is also excluded, if the surge would through (4) above, results in fire or not have occurred but for an event explosion, we will pay for the loss or causing a failure of power. damage caused by that fire or explosion. But if the failure or surge of power, or the(5) Volcanic eruption, explosion or failure of communication, water or other effusion. But if volcanic eruption, utility service results in a Covered Cause explosion or effusion results in fire, of Loss, we will pay for the loss or damage building glass breakage or volcanic caused by that Covered Cause of Loss. action, we will pay for the loss or Communication services include but aredamage caused by that fire, building not limited to service relating to Internetglass breakage or volcanic action. access or access to any electronic, Volcanic action means direct loss or cellular or satellite network.damage resulting from the eruption of This exclusion does not apply to loss ora volcano when the loss or damage is damage provided under the Equipmentcaused by: Breakdown Additional Coverage. (a) Airborne volcanic blast or f. War And Military Actionairborne shock waves; (1) War, including undeclared or civil war;(b) Ash, dust, or particulate matter; or (2) Warlike action by a military force,(c) Lava flow. including action in hindering orAll volcanic eruptions that occur defending against an actual orwithin any 168-hour period will expected attack, by any government,constitute a single occurrence. sovereign or other authority using Volcanic action does not include the military personnel or other agents; or cost to remove ash, dust or particulate matter that does not cause Page 20 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03586 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 233 of 384 PB 00 02 04 11 (3) Insurrection, rebellion, revolution, h. Fungi, Wet Rot Or Dry Rot usurped power, or action taken by Presence, growth, proliferation, spread orgovernmental authority in hindering any activity of "fungi", wet rot or dry rot.or defending against any of these. But if "fungi", wet rot or dry rot result in ag. Water "specified cause of loss", we will pay for (1) Flood, surface water, waves the loss or damage caused by that (including tidal wave and tsunami), "specified cause of loss". tides, tidal water, overflow of any This exclusion does not apply:body of water, or spray from any of (1) When "fungi", wet rot or dry rot resultthese, all whether or not driven by from fire or lightning; orwind (including storm surge); (2) To the extent that coverage is(2) Mudslide or mudflow; provided in the Limited Coverage For(3) Water that backs up or overflows or is Fungi, Wet Rot Or Dry Rot Additionalotherwise discharged from a sewer, Coverage, with respect to loss ordrain, sump, sump pump or related damage by a cause of loss other thanequipment, except as provided under fire or lightning.the Back Up Of Sewer Or Drain i. Virus Or BacteriaWater Damage Additional Coverage; (1) Any virus, bacterium or other(4) Water under the ground surface microorganism that induces or ispressing on, or flowing or seeping capable of inducing physical distress,through: illness or disease.(a) Foundations, walls, floors or (2) However, the exclusion in paragraphpaved surfaces; (1) does not apply to loss or damage(b) Basements, whether paved or caused by or resulting from "fungi",not; or wet rot or dry rot. Such loss or damage (c) Doors, windows or other is addressed in Exclusion h.; openings; or (3) With respect to any loss or damage (5) Waterborne material carried or subject to the exclusion in paragraph otherwise moved by any of the water (1), such exclusion supersedes any referred to in paragraph (1), (3) or (4), exclusion relating to "pollutants". or material carried or otherwise 2. We will not pay for loss or damage caused bymoved by mudslide or mudflow. or resulting from any of the following: This exclusion applies regardless of a. Electrical Apparatuswhether any of the above, in paragraphs Artificially generated electrical, magnetic or(1) through (5), is caused by an act of electromagnetic energy that damages,nature or is otherwise caused. An disturbs, disrupts or otherwise interferesexample of a situation to which this with any:exclusion applies is the situation where a dam, levee, seawall or other boundary or (1) Electrical or electronic wire, device, containment system fails in whole or in appliance, system or network; or part, for any reason, to contain the water. (2) Device, appliance, system or network HOWEVER, if electrical “covered utilizing cellular or satellite technology. equipment” requires drying out because For the purpose of this exclusion, of the above, we will pay for the direct electrical, magnetic or electromagnetic expenses of such drying out subject to energy includes but is not limited to: the applicable Limit of Insurance and (1) Electrical current, including arcing;deductible for Building or Business (2) Electrical charge produced orPersonal Property, whichever applies. conducted by a magnetic orBut if any of the above paragraphs (1) electromagnetic field;through (5), results in fire, explosion or (3) Pulse of electromagnetic energy; orsprinkler leakage, we will pay for the loss or damage caused by that fire, explosion (4) Electromagnetic waves or microwaves. or sprinkler leakage. But if fire results, we will pay for the loss or damage caused by fire. PB 00 02 04 11 Page 21 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03587 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 234 of 384 PB 00 02 04 11 This Electrical Apparatus exclusion does This exclusion does not apply to acts of not apply to the coverage provided under destruction by your employees (including the Equipment Breakdown Additional leased employees); but theft by Coverage. employees is not covered. b. With respect to Covered Property, includingConsequential Losses accounts receivable and "valuable papersDelay, loss of use or loss of market. and records", this exclusion does not apply c. Smoke, Vapor, Gas to carriers for hire. Smoke, vapor or gas from agricultural This exclusion does not apply to coverage smudging or industrial operations. that is provided under the Employee d. Steam Apparatus Dishonesty Optional Coverage. Explosion of steam boilers, steam pipes, g. False Pretense steam engines or steam turbines owned Voluntary parting with any property by or leased by you, or operated under your you or anyone else to whom you have control. But if explosion of steam boilers, entrusted the property if induced to do so steam pipes, steam engines or steam by any fraudulent scheme, trick, device or turbines results in fire or combustion false pretense. explosion, we will pay for the loss or h. Exposed Propertydamage caused by that fire or combustion explosion. We will also pay Rain, snow, ice or sleet to personal for loss or damage caused by or resulting property in the open. from the explosion of gases or fuel within i. Collapse the furnace of any fired vessel or within (1) Collapse, including any of thethe flues or passages through which the following conditions of property orgases of combustion pass. any part of the property: This Steam Apparatus exclusion does not (a) An abrupt falling down or cavingapply to the coverage provided under the in;Equipment Breakdown Additional (b) Loss of structural integrity,Coverage. including separation of parts of thee. Frozen Plumbing property or property in danger of Water, other liquids, powder or molten falling down or caving in; or material that leaks or flows from (c) Any cracking, bulging, sagging,plumbing, heating, air conditioning or bending, leaning, settling,other equipment (except fire protective shrinkage or expansion as suchsystems) caused by or resulting from condition relates to paragraphfreezing, unless: i.(1)(a) or i.(1)(b). (1) You do your best to maintain heat in But if collapse results in a Covered Causethe building or structure; or of Loss at the described premises, we will (2) You drain the equipment and shut off the pay for the loss or damage caused by supply if the heat is not maintained. that Covered Cause of Loss. f. Dishonesty (2) This Exclusion i., does not apply: Dishonest or criminal acts by you, anyone (a) To the extent that coverage is else with an interest in the property, or provided under the Collapse any of your or their partners, “members”, Additional Coverage; or officers, “managers”, employees (b) To collapse caused by one or(including leased employees), directors, more of the following: trustees, authorized representatives or (i) The "specified causes ofanyone to whom you entrust the property loss";for any purpose: (ii) Breakage of building glass;(1) Acting alone or in collusion with others; or (iii) Weight of rain that collects on a roof; or(2) Whether or not occurring during the hours of employment. (iv) Weight of people or personal property. Page 22 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03588 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 235 of 384 PB 00 02 04 11 j. Pollutants m. Errors Or Omissions We will not pay for loss or damage Errors or omissions in: caused by or resulting from the (1) Programming, processing or storingdischarge, dispersal, seepage, migration, data, as described under "electronicrelease or escape of "pollutants" unless data" or in any "computer"the discharge, dispersal, seepage, operations; ormigration, release or escape is itself (2) Processing or copying "valuablecaused by any of the "specified causes of papers and records".loss". But if the discharge, dispersal, seepage, migration, release or escape of However, we will pay for direct physical "pollutants" results in a "specified cause loss or damage caused by resulting fire of loss", we will pay for the loss or or explosion if these causes of loss would damage caused by that "specified cause be covered by this coverage form. of loss". This exclusion does not apply to coverage k. Neglect that is provided under the Employee Dishonesty Optional Coverage.Neglect of an insured to use all reasonable means to save and preserve n. Installation, Testing, Repair property from further damage at and after Errors or deficiency in design, installation, the time of loss. testing, maintenance, modification or repair l. Other Types Of Loss of your "computer" system including "electronic data".(1) Wear and tear; However, we will pay for direct physical(2) Rust or other corrosion, decay, loss or damage caused by resulting fire ordeterioration, hidden or latent defect or explosion if these causes of loss wouldany quality in property that causes it to be covered by this coverage form.damage or destroy itself; This exclusion does not apply to coverage(3) Smog; that is provided under the Employee(4) Settling, cracking, shrinking or Dishonesty Optional Coverage.expansion; o. Electrical Disturbance(5) Nesting or infestation, or discharge or Electrical or magnetic injury, disturbance orrelease of waste products or erasure of "electronic data", except assecretions, by insects, birds, rodents provided under the Equipment Breakdownor other animals; or Electronic Data Additional Coverages.(6) Mechanical breakdown, including However, we will pay for direct loss orrupture or bursting caused by damage caused by lightning.centrifugal force, except as provided under the Equipment Breakdown p. Leakage or Seepage Additional Coverages. Constant or repeated seepage or leakage of (7) The following causes of loss to water or steam, or the presence or personal property: condensation of humidity, moisture or vapor, whether continuous or intermittent from any:(a) Dampness or dryness of atmosphere; (1) Heating, air conditioning or refrigerating system;(b) Changes in or extremes of temperature; or (2) Domestic appliance; or (c) Marring or scratching. (3) Plumbing system, including from or around any shower stall or otherBut if an excluded cause of loss that is shower bath installation, bathtub orlisted in paragraphs (1) through (7) above other plumbing fixture.results in a "specified cause of loss", “accident” or building glass breakage, we 3. We will not pay for loss or damage caused by will pay for the loss or damage caused by or resulting from any of the following B.3.a. that "specified cause of loss" or building through B.3.c. But if an excluded cause of glass breakage. loss that is listed in B.3.a. through B.3.c. results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. PB 00 02 04 11 Page 23 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03589 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 236 of 384 PB 00 02 04 11 a. Weather Conditions rebuilding, repair or replacement by strikers or other persons; orWeather conditions. But this exclusion only applies if weather conditions (b) Suspension, lapse or cancellation contribute in any way with a cause or of any license, lease or contract. event excluded in paragraph B.1. above But if the suspension, lapse or to produce the loss or damage. cancellation is directly caused by the suspension of "operations", web. Acts Or Decisions will cover such loss that affects Acts or decisions, including the failure to your Business Income during the act or decide, of any person, group, "period of restoration" and any organization or governmental body. extension of the "period of c. Negligent Work restoration" in accordance with the terms of the Extended BusinessFaulty, inadequate or defective: Income Additional Coverage.(1) Planning, zoning, development, (2) Any other consequential loss.surveying, siting; b. With respect to this exclusion, suspension(2) Design, specifications, workmanship, means:work methods, repair, construction, renovation, remodeling, grading, (1) The partial slowdown or complete compaction, failure to protect the cessation of your business activities; property; and (3) Materials used in repair, construction, (2) That a part or all of the described renovation or remodeling; or premises is rendered untenantable, if coverage for Business Income applies.(4) Maintenance; 6. Accounts Receivable Exclusionof part or all of any property on or off the described premises. The following additional exclusion applies to the Accounts Receivable Coverage Extension:4. Additional Exclusion We will not pay for:The following applies only to the property specified in this Additional Exclusion. a. Loss or damage caused by or resulting from alteration, falsification, concealmentLoss Or Damage To Products or destruction of records of accountsWe will not pay for loss or damage to any receivable done to conceal the wrongfulmerchandise, goods or other product caused giving, taking or withholding of "money",by or resulting from error or omission by any "securities" or other property.person or entity (including those having This exclusion applies only to the extent ofpossession under an arrangement where work the wrongful giving, taking or withholding.or a portion of the work is outsourced) in any stage of the development, production or use of b. Loss or damage caused by or resulting the product, including planning, testing, from bookkeeping, accounting or billing processing, packaging, installation, errors or omissions. maintenance or repair. This exclusion applies c. Any loss or damage that requires any to any effect that compromises the form, audit of records or any inventory substance or quality of the product. But if such computation to prove its factual existence. error or omission results in a Covered Cause C. LIMITS OF INSURANCEof Loss, we will pay for the loss or damage 1. The most we will pay for loss or damage incaused by that Covered Cause of Loss. any one occurrence is the applicable Limits of5. Business Income And Extra Expense Insurance shown in the Declarations, exceptExclusions as otherwise provided in this Section. a. We will not pay for: 2. The limits applicable to Additional Coverages (1) Any “extra expense”, or increase of are in addition to the Limits of Insurance only “business income” loss, caused by or if so indicated in that Section of this Coverage resulting from: Form. (a) Delay in rebuilding, repairing or 3. The limits applicable to the Coverage replacing the property or Extensions are in addition to the Limits of resuming "operations", due to Insurance. interference at the location of the Page 24 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03590 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 237 of 384 PB 00 02 04 11 4. Building Limit – Automatic Increase Business Personal Property limit, divided by 365.a. The Limit of Insurance for Buildings will automatically increase by the annual Example: percentage shown in the Declarations. If: The applicable limit is $150,000; and b. The amount of increase is calculated as The annual percentage increase is follows: 3%; and (1) Multiply the Building limit that applied The number of days since the on the most recent of the policy beginning of the policy year (or last inception date, the policy anniversary policy change) is 146; date, or any other policy change Then the amount of increase isamending the Building limit, times $150,000 x .03 x (146 / 365) = $1,800. (2) The percentage of annual increase c. The Automatic Increase percentage forshown in the Declarations, expressed Business Personal Property will be theas a decimal (example: 8% is .08), times average annual Index shown in the (3) The number of days since the Declarations. This percentage may beginning of the current policy year, change at each renewal date. or the effective date of the most In no event will the Limit of Insurance berecent policy change amending the reduced unless you specifically requestBuilding limit, divided by 365. us to do so. Example: 6. Business Personal Property Limit – If: The applicable Building limit is Seasonal Increase $100,000. The annual percentage a. Subject to paragraph 6.b., the Limit ofincrease is 8%. The number of days Insurance for Business Personal Propertysince the beginning of the policy year is automatically increased by 25% to(or last policy change) is 146. provide for seasonal variations. The amount of increase is b. The increase described in paragraph 6.a $100,000 x .08 x (146 / 365) = $3,200. will apply only if the Limit of Insurance c. The Automatic Increase percentage for shown for Business Personal Property in Buildings will be the percentage shown in the Declarations is at least 100% of your the Declarations. This percentage may average monthly values during the lesser change at each renewal date, unless a of: different percentage is selected by you. (1) The 12 months immediately 5. Business Personal Property Limit – preceding the date the loss or Automatic Increase damage occurs; or a. The Limit of Insurance for Business (2) The period of time you have been in Personal Property will automatically business as of the date the loss or increase by the annual percentage shown damage occurs. in the Declarations. D. DEDUCTIBLES b. The amount of increase is calculated as 1. We will not pay for loss or damage in any one follows: occurrence until the amount of loss or damage (1) Multiply the Limit of Insurance that exceeds the Deductible shown in the applied on the most recent of the policy Declarations. We will then pay the amount of inception date, the policy renewal date, loss or damage in excess of the Deductible up or any other policy change amending the to the applicable Limit of Insurance. Limit of Insurance, times 2. Regardless of the amount of the Deductible, (2) The percentage of increase shown in the most we will deduct from any loss or the Declarations, expressed as a damage to exterior building glass in any one decimal (example: 2% is .02), times occurrence is $250. (3) The number of days since the But this $250 Deductible will not increase the beginning of the current policy year, Deductible shown in the Declarations. This or since the effective date of the most $250 Deductible will be used to satisfy the recent policy change amending the requirements of the Deductible in the Declarations. PB 00 02 04 11 Page 25 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03591 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 238 of 384 PB 00 02 04 11 3. No deductible applies to the following the settlement of the claim. This will not Additional Coverages: increase the Limit of Insurance. a. Fire Department Service Charge; HOWEVER, we will not pay for any subsequent loss or damage resultingb. Fire Extinguisher Recharge; from a cause of loss that is not ac. Business Income; Covered Cause of Loss. d. Extra Expense; (5) At our request, give us complete e. Civil Authority; and inventories of the damaged and f. Arson Reward for Conviction. undamaged property. Include quantities, costs, values, amount ofE. PROPERTY LOSS CONDITIONS loss claimed and a detailed 1. Abandonment description of each item. There can be no abandonment of any (6) As often as may be reasonably property to us. required, permit us to inspect the 2. Appraisal damaged property and examine your books and records, including financialIf we and you disagree on the amount of loss, records and tax returns.either may make written demand for an appraisal of the loss. In this event, each party Also permit us to take samples of will select a competent and impartial appraiser damaged and undamaged property after receiving a written request from the other, for inspection, testing and analysis, and will advise the other party of the name of and permit us to make copies from such appraiser within 20 days. The two your books and records. appraisers will select an umpire. If appraisers (7) Send us a signed, sworn proof of loss cannot agree, either may request that selection containing the information we request be made by a judge of a court having to investigate the claim. You must do jurisdiction. The appraisers will state separately this within 60 days after our request. the value of property and the amount of loss. If We will supply you with the they fail to agree, they will submit their necessary forms. differences to the umpire. A decision agreed to (8) Cooperate with us in the investigationby any two will be binding. Each party will: or settlement of the claim. a. Pay its chosen appraiser; and (9) Resume all or part of your b. Bear the other expenses of the appraisal "operations" as quickly as possible. and umpire equally. b. We may examine any insured or their If there is an appraisal, we will still retain our employee under oath, while not in the right to deny the claim. presence of any other insured or 3. Duties In The Event Of Loss Or Damage employee, at such times as may be reasonably required, about any mattera. You must see that the following are done relating to this insurance or the claim,in the event of loss of or damage to including an insured's books and records.Covered Property: At our option and expense, any(1) Notify the police if a law may have examination under oath may be video orbeen broken. audio taped as well as being recorded by (2) Give us prompt notice of the loss or stenographic record. If a written transcript damage. Include a description of the is prepared of the testimony, then at our property involved. request your answers under oath must be (3) As soon as possible, give us a signed under penalty of perjury. description of how, when and where 4. Legal Action Against Us the loss or damage occurred. No one may bring a legal action against us (4) Take all reasonable steps to protect the under this insurance unless: Covered Property from further damage. a. There has been full compliance with all ofIf feasible, set the damaged property the terms of this insurance; andaside and in the best possible order for b. The action is brought within 1 year afterexamination. Also keep a record of the date on which the direct physical lossyour expenses necessary to protect the or damage occurred.Covered Property, for consideration in Page 26 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03592 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 239 of 384 PB 00 02 04 11 5. Loss Payment incurred had the building been built at the original premises.In the event of loss or damage covered by this policy: (b) You may make a claim for loss or damage covered by this insurancea. At our option, we will either: on an “actual cash value” basis(1) Pay the value of lost or damaged instead of on a replacement costproperty as described in e. below; basis. In the event you elect to (2) Pay the cost of repairing or replacing have loss or damage settled on an the lost or damaged property; “actual cash value” basis, you may (3) Take all or any part of the property at still make a claim on a replacement an agreed or appraised value; or cost basis if you notify us of your intent to do so within 180 days after(4) Repair, rebuild or replace the the loss or damage.property with other property of like kind and quality, subject to b. below. (c) We will not pay on a replacement cost basis for any loss or damage:b. The cost to repair, rebuild or replace does not include the increased cost attributable (i) Until the lost or damaged to enforcement of any ordinance or law property is actually repaired regulating the construction, use or repair of or replaced; and any property. (ii) Unless the repairs or c. We will give notice of our intentions within replacement are made as 30 days after we receive the sworn proof soon as reasonably possible of loss, provided you have complied with after the loss or damage. all of the conditions set forth in paragraph (2) If the "Actual Cash Value – Buildings" 3. above. option applies, as shown in the d. We will not pay you more than your Declarations, paragraph (1) above financial interest in the Covered Property. does not apply to Buildings. Instead, we will determine the value ofe. Except as provided in (2) through (9) Buildings at “actual cash value”.below, we will determine the value of Covered Property as follows: (3) The following property at “actual cash value”:(1) At replacement cost without deduction for depreciation, subject to the following: (a) Used or second-hand (a) We will pay the cost to repair or merchandise held in storage or for sale;replace, after application of the deductible and without deduction (b) Property of others, other than for depreciation, but not more leased personal property you than the least of the following have a contractual responsibility amounts, subject to E.5.b. above: to insure, but this property is not (i) The Limit of Insurance under covered for more than the amount this policy that applies to the for which you are liable, plus the lost or damaged property; cost of labor, materials or services furnished or arranged by you on(ii) The cost to replace, on the personal property of others;same premises, the lost or damaged property with other (c) Household contents, except property: personal property in apartments or rooms furnished by you asi. Of comparable material landlord;and quality; and (d) Manuscripts; andii. Used for the same purpose; or (e) Works of art, antiques or rare articles, including but not limited(iii) The amount that you actually to etchings, pictures, statuary,spend that is necessary to marble, bronzes, porcelain andrepair or replace the lost or bric-a-brac.damaged property. If a building is rebuilt at a new (4) Glass at the cost of replacement with safety glazing material if required bypremises, the cost is limited to the cost which would have been law. PB 00 02 04 11 Page 27 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03593 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 240 of 384 PB 00 02 04 11 (5) Tenants' Improvements and (i) The amount of the accounts Betterments at: for which there is no loss or damage;(a) Replacement cost if you make repairs promptly. (ii) The amount of the accounts that you are able to(b) A proportion of your original cost reestablish or collect;if you do not make repairs promptly. We will determine the (iii) An amount to allow for proportionate value as follows: probable bad debts that you are normally unable to(i) Multiply the original cost by collect; andthe number of days from the loss or damage to the (iv) All unearned interest and expiration of the lease; and service charges. (ii) Divide the amount determined (8) "Stock" you have sold but not delivered in (i) above by the number of at the selling price less expenses you days from the installation of otherwise would have had. improvements to the (9) Business Income and Extra Expense: expiration of the lease. (a) We will determine the amount of a If your lease contains a renewal "business income" loss based on: option, the expiration of the (i) the net income of yourrenewal option period will replace business before the directthe expiration of the lease in this physical loss or damageprocedure. occurred; (c) Nothing if others pay for repairs (ii) the likely net income of youror replacement. business if no physical loss (6) Applicable only to Money and or damage occurred, but not Securities Additional Coverage: including any likely increase (a) "Money" at its face value; and in net income attributable to an increase in the volume of(b) "Securities" at their value at the business as a result ofclose of business on the day the favorable business conditionsloss is discovered. caused by the impact of the (7) Applicable only to Accounts Receivable: Covered Cause of Loss on (a) If you cannot accurately establish customers or on other the amount of accounts receivable businesses; outstanding as of the time of loss (iii) the operating expenses, or damage, the following method including payroll expenses, will be used: necessary to resume (i) Determine the total of the "operations" with the same average monthly amounts of quality of service that existed accounts receivable for the 12 just before the direct physical months immediately preceding loss or damage; and the month in which the loss or (iv) other relevant sources ofdamage occurs; and information, including; (ii) Adjust that total for any i. financial records and normal fluctuations in the accounting procedures;amount of accounts ii. bills, invoices and otherreceivable for the month in vouchers; andwhich the loss or damage occurred or for any iii. deeds, liens and contracts. demonstrated variance from (b) We will determine the amount of the average for that month. "extra expense" based on: (b) The following will be deducted (i) all expenses that exceed the from the total amount of accounts normal operating expenses receivable, however that amount that would have been incurred is established: by "operations" during the Page 28 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03594 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 241 of 384 PB 00 02 04 11 "period of restoration" if no against any entity, including the owner or direct physical loss or damage insurer of the adjoining building, and does occurred. The following will be not alter the terms of the Transfer Of Rights deducted from the total of such Of Recovery Against Others To Us expenses: Condition in this policy. i. the remaining salvage value 6. Recovered Property of any property bought for If either you or we recover any property after temporary use during the loss settlement, that party must give the other "period of restoration", once prompt notice. At your option, you may retain "operations" are resumed; the property. But then you must return to us and the amount we paid to you for the property. ii. any "extra expense" that is We will pay recovery expenses and the paid for by other insurance, expenses to repair the recovered property, subject to the Limit of Insurance.(ii) all necessary expenses that reduce the "business income" HOWEVER if, at the time of loss, the amount of loss that otherwise would loss or damage to your property exceeded our have been incurred. Limit of Insurance and your property in excess f. Our payment for loss of or damage to of the Limit of Insurance was turned over to us, you retain your rights to recovery on suchproperty of others will only be for the uninsured property. We will return to you aaccount of the owners of the property. We portion of any recovery on that property basedmay adjust losses with the owners of lost upon the proportion of the loss in excess of ouror damaged property if other than you. If Limit of Insurance bears to the total loss.we pay the owners, such payments will satisfy your claims against us for the 7. Resumption Of Operations owners' property. We will not pay the We will reduce the amount of your: owners more than their financial interest a. Loss payable under Business Incomein the Covered Property. Additional Coverage, other than “extrag. We may elect to defend you against suits expense”, to the extent you can resume arising from claims of owners of property. your "operations", in whole or in part, by We will do this at our expense. using damaged or undamaged property h. We will pay for covered loss or damage (including merchandise or stock) at the within 30 days after we receive the sworn described premises or elsewhere. proof of loss, provided you have complied b. Loss payable under Extra Expense with all of the terms of this policy; and Additional Coverage to the extent you can (1) We have reached agreement with return "operations" to normal and you on the amount of loss; or discontinue such “extra expense”. (2) An appraisal award has been made. 8. Vacancy i. A party wall is a wall that separates and is a. Description Of Terms common to adjoining buildings that are (1) As used in this Vacancy Condition,owned by different parties. In settling the term building and the term vacantcovered losses involving a party wall, we have the meanings set forth in (1)(a)will pay a proportion of the loss to the party and (1)(b) below:wall based on your interest in the wall in (a) When this policy is issued to aproportion to the interest of the owner of tenant, and with respect to thatthe adjoining building. However, if you elect tenant's interest in Coveredto repair or replace your building and the Property, building means the unitowner of the adjoining building elects not to or suite rented or leased to therepair or replace that building, we will pay tenant. Such building is vacantyou the full value of the loss to the party when it does not contain enoughwall, subject to all applicable policy business personal property toprovisions including Limits of Insurance conduct customary operations.and all other provisions of this Loss Payment Condition. Our payment under the (b) When this policy is issued to the provisions of this paragraph does not alter owner or general lessee of a any right of subrogation we may have building, building means the PB 00 02 04 11 Page 29 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03595 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 242 of 384 PB 00 02 04 11 entire building. Such building is mortgageholder shown in the vacant unless at least 31% of its Declarations in their order of precedence, total square footage is: as interests may appear. (i) Rented to a lessee or sub- c. The mortgageholder has the right to lessee and used by the lessee receive loss payment even if the or sub-lessee to conduct its mortgageholder has started foreclosure or customary operations; and/or similar action on the building or structure. (ii) Used by the building owner to d. If we deny your claim because of your acts conduct customary operations. or because you have failed to comply with the terms of this policy, the mortgageholder(2) Buildings under construction or will still have the right to receive lossrenovation are not considered vacant. payment if the mortgageholder: b. Vacancy Provisions (1) Pays any premium due under this If the building where loss or damage policy at our request if you have failed occurs has been vacant for more than 60 to do so; consecutive days before that loss or (2) Submits a signed, sworn proof of lossdamage occurs: within 60 days after receiving notice (1) We will not pay for any loss or damage from us of your failure to do so; and caused by any of the following even if (3) Has notified us of any change inthey are Covered Causes of Loss: ownership, occupancy or substantial (a) Vandalism; change in risk known to the (b) Sprinkler leakage, unless you mortgageholder. have protected the system All of the terms of this policy will then against freezing; apply directly to the mortgageholder. (c) Building glass breakage; e. If we pay the mortgageholder for any loss (d) Water damage, including damage or damage and deny payment to you that is caused by or resulting because of your acts or because you from freezing; have failed to comply with the terms of this policy:(e) Theft; or (1) The mortgageholder's rights under the(f) Attempted theft. mortgage will be transferred to us to(2) With respect to Covered Causes of Loss the extent of the amount we pay; andother than those listed in paragraphs (2) The mortgageholder's right to recover(1)(a) through (1)(f) above, we will the full amount of the mortgageholder'sreduce the amount we would otherwise claim will not be impaired.pay for the loss or damage by 15%. At our option, we may pay to theF. PROPERTY GENERAL CONDITIONS mortgageholder the whole principal onThe following conditions apply in addition to the the mortgage plus any accrued interest.COMMON POLICY CONDITIONS. In this event, your mortgage and note will 1. Control Of Property be transferred to us and you will pay your Any act or neglect of any person other than remaining mortgage debt to us. you beyond your direction or control will not f. If we cancel this policy, we will give written affect this insurance. notice to the mortgageholder at least: The breach of any condition of this Coverage (1) 10 days before the effective date of Form, other than the Concealment, cancellation if we cancel for your Misrepresentation or Fraud Common Policy nonpayment of premium; or Condition, at any one or more locations will (2) 30 days before the effective date ofnot affect coverage at any location where, at cancellation if we cancel for any otherthe time of loss or damage, the breach of reason.condition did not exist. g. If we elect not to renew this policy, we will2. Mortgageholders give written notice to the mortgageholder a. The term mortgageholder includes trustee. at least 10 days before the expiration b. We will pay for covered loss of or damage date of this policy. to buildings or structures to each Page 30 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03596 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 243 of 384 PB 00 02 04 11 promotions, awards, profit sharing,3. No Benefit To Bailee pensions or other employee benefits No person or organization, other than you, earned in the normal course of having custody of Covered Property will employment) for: benefit from this insurance. (a) Any employee; or 4. Policy Period, Coverage Territory (b) Any other person or organization. Under this form: b. We will not pay for loss or damage: a. We cover loss or damage commencing: (1) Resulting from any dishonest or (1) During the policy period shown in the criminal act that you, any of your Declarations; and partners, “members” or any officer of (2) Within the coverage territory or, with a closely held corporation commit respect to property in transit, while it is whether acting alone or in collusion between points in the coverage territory. with other persons. b. The coverage territory is: (2) Resulting from any dishonest act (1) The United States of America (including committed by any of your employees its territories and possessions); (except as provided in paragraph a.), (2) Puerto Rico; and "managers" or directors: (3) Canada. (a) Whether acting alone or in collusion with other persons; orG. OPTIONAL COVERAGES (b) While performing services for youIf shown as applicable in the Declarations, the or otherwise.following Optional Coverages also apply. These (3) The only proof of which as to itsOptional Coverages are subject to the terms and existence or amount is:conditions applicable to property coverage in this policy, except as provided below. (a) An inventory computation; or 1. Employee Dishonesty Optional Coverage (b) A profit and loss computation. a. We will pay for: c. The most we will pay for loss or damage in any one occurrence is the Limit of(1) Direct loss of or damage to Business Insurance for Employee DishonestyPersonal Property and "money" and shown in the Declarations."securities"; d. All loss or damage:(2) The legal obligation you have because of the theft or unauthorized use of your (1) Caused by one or more persons; or business credit, debit or charge cards (2) Involving a single act or series of acts; issued to you or registered in your is considered one occurrence.name or the name of your business; e. If any loss is covered:(3) Loss resulting from "fraudulent (1) Partly by this insurance; andinstruction" directing a financial (2) Partly by any prior cancelled orinstitution to transfer, pay or deliver terminated insurance that we or any"money" or "securities" from your affiliate had issued to you or any"transfer account"; or predecessor in interest;(4) Loss directly related to the use of any computer to fraudulently cause a the most we will pay is the larger of the transfer of covered property from amount recoverable under this insurance inside the described premises to a or the prior insurance. person (other than a messenger) or We will pay only for loss or damage you place outside those premises; sustain through acts committed or events resulting from dishonest acts committed by occurring during the policy period. any of your employees acting alone or in Regardless of the number of years this collusion with other persons (except you, policy remains in force or the number of your partner or an officer of a closely held premiums paid and regardless that corporation) with the manifest intent to: previous policies were in effect, whether issued by us, any affiliated company or(1) Cause you to sustain loss or damage; any other company, this coverage shalland also not be cumulative from year to year or (2) Obtain financial benefit (other than period to period. salaries, commissions, fees, bonuses, PB 00 02 04 11 Page 31 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03597 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 244 of 384 PB 00 02 04 11 f. This Employee Dishonesty Optional (3) Any natural person who is leased to Coverage is cancelled as to any employee you under a written agreement immediately upon discovery by: between you and a labor leasing firm, to perform duties related to the(1) You; or conduct of your business, but does(2) Any of your partners, “members”, not mean a temporary employee as“managers”, officers or directors not defined in paragraph (2) above;in collusion with the employee; (4) Any natural person who is a formerof any dishonest act committed by that employee, director, partner,employee before or after being hired by you. “member”, “manager”, representativeg. We will pay only for covered loss or or trustee retained as a consultantdamage sustained during the policy while performing services for you; orperiod and discovered no later than one (5) Any natural person who is a guestyear from the end of the policy period. student or intern pursuing studies orh. If you (or any predecessor in interest) duties, excluding, however, any suchsustained loss or damage during the period person while having care and custodyof any prior insurance that you could have of property outside any building yourecovered under that insurance except that occupy in conducting your business.the time within which to discover loss or But employee does not mean:damage had expired, we will pay for it under this Optional Coverage, provided: (1) Any agent, broker, factor, commission (1) This Optional Coverage became merchant, consignee, independent effective at the time of cancellation or contractor or representative of the termination of the prior insurance; and same general character; or (2) The loss or damage would have been (2) Any "manager", director or trustee covered by this Optional Coverage except while performing acts coming had it been in effect when the acts or within the usual duties of an employee. events causing the loss or damage 2. Ordinance or Law Optional Coverages were committed or occurred. a. The Coverage(s) provided by this i. The insurance under paragraph h. above Ordinance or Law Optional Coverage is part of, not in addition to, the Limit of apply only if both paragraphs a.(1) and Insurance applying to this Optional a.(2) are satisfied and are then subject to Coverage and is limited to the lesser of the qualifications set forth in a.(3). the amount recoverable under: (1) The ordinance or law:(1) This Optional Coverage as of its (a) Regulates the demolition,effective date; or construction or repair of(2) The prior insurance had it remained buildings, or establishes zoningin effect. or land use requirements at the j. With respect to the Employee Dishonesty described premises; and Optional Coverage in paragraph G.3., (b) Is in force at the time of loss.employee means: But this Ordinance or Law Optional(1) Any natural person: Coverage applies only in response to(a) While in your service or for 30 the minimum requirements of thedays after termination of service; ordinance or law. Losses and costs(b) Who you compensate directly by incurred in complying withsalary, wages or commissions; and recommended actions or standards (c) Who you have the right to direct that exceed actual requirements are and control while performing not covered. services for you; (2) The building sustains direct physical (2) Any natural person who is furnished damage: temporarily to you: (a) That is covered under this policy(a) To substitute for a permanent and such damage results inemployee as defined in paragraph enforcement of the ordinance or(1) above, who is on leave; or law; or (b) To meet seasonal or short-term (b) That is covered under this policyworkload conditions; Page 32 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03598 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 245 of 384 PB 00 02 04 11 and direct physical damage that a described building and if a Covered is not covered under this policy, Cause of Loss occurs to covered Building and the building damage in its property: entirety results in enforcement of (1) We will pay the cost to demolish and the ordinance or law. clear the site of undamaged parts of (c) But if the damage is not covered the same building, as a consequence under this policy, and such of enforcement of an ordinance or law damage is the subject of the that requires demolition of such ordinance or law, then there is no undamaged property; and coverage under this Ordinance or (2) In addition to the coverage provided Law Optional Coverage even if for damaged portions of property the building has also sustained under the Increased Cost of covered direct physical damage. Construction – Damaged Property (3) In the situation described in a.(2)(b) Additional Coverage, we will also pay above, we will not pay the full amount for the increased costs to reconstruct of loss otherwise payable under the or remodel undamaged portions of terms of this Ordinance or Law that Building property, whether or not Optional Coverage. Instead, we will demolition is required when the pay a proportion of such loss; increased cost is a consequence of meaning the proportion that the enforcement of the minimum covered direct physical damage bears requirements of the ordinance or law. to the total direct physical damage. HOWEVER, we will not pay for the (Section f. of this Ordinance or Law increased costs to reconstruct or remodel Optional Coverage provides an undamaged portions of that Building example of this procedure.) property: HOWEVER, if the covered direct (a) unless the restored or remodeled physical damage alone would have property is intended for similar resulted in enforcement of the occupancy as the current property, ordinance or law, then we will pay the unless such occupancy is not full amount of loss otherwise payable permitted by zoning or land use under terms of this Ordinance or Law ordinance or law; or Optional Coverage. (b) if the building is not repaired, b. Coverage 1 - Loss to the Undamaged reconstructed or remodeled. Portion of Building Paragraph e. of 5. Loss Payment under When the Declarations show that Section E. PROPERTY LOSS Ordinance or Law - Coverage 1 applies at CONDITIONS does not apply. a described building and if a Covered The most we will pay for the total of all Cause of Loss occurs to covered Building covered losses under this Coverage 2 of property, we will pay for the loss in value Ordinance or Law Optional Coverage,in of the undamaged portion of the building any one occurrence is the Limit of as a consequence of enforcement of an Insurance shown in the Declarations. ordinance or law that requires demolition The $25,000 Limit of Insurance forof undamaged parts of the same building. Increased Cost of Construction – This Coverage 1 of Ordinance or Law Damaged Property Additional Coverage Optional Coverage is included within the remains available for damaged property Limit of Insurance shown in the and is separate from the Limit of Declarations as applicable to the covered Insurance shown in the Declarations for Building property. This portion of the Ordinance or Law Optional Coverage 2. Ordinance or Law Optional Coverage This portion of the Ordinance or Law does not increase the Limit of Insurance. Optional Coverage is in addition to the c. Coverage 2 - Demolition Cost and Limits of Insurance. Broadened Increased Cost of d. Additional Terms and Conditions of Construction Ordinance or Law When the Declarations show that (1) The terms of this Ordinance or Law Ordinance or Law - Coverage 2 applies at Optional Coverage apply separately PB 00 02 04 11 Page 33 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03599 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 246 of 384 PB 00 02 04 11 to each building to which this ii. The Limit of Insurance Optional Coverage applies. applicable to the covered Building property.(2) With respect to this Ordinance or Law Optional Coverage, we will not pay for: (ii) If the property is not repaired or replaced, we will not pay(a) Enforcement of any ordinance or more than the lesser of:law which requires the demolition, repair, replacement, i. The “actual cash value” reconstruction, remodeling or of the building at the time remediation of property due to of loss; or contamination by "pollutants" or ii. The Limit of Insurance due to the presence, growth, applicable to the covered proliferation, spread of any Building property. activity of "fungi", wet or dry rot or (b) When Coverage 2 applies, thebacteria; or most we will pay for the total of all (b) The costs associated with the covered losses for Demolition enforcement of any ordinance, Cost and Broadened Increased law, rule, or regulation which Cost of Construction is the Limit requires any insured or others to of Insurance for Coverage 2. test for, monitor, clean up, Subject to this Limit of Insurance,remove, contain, treat, detoxify, the following loss paymentor neutralize, or in any way provisions apply:respond to, or assess the effects (i) For Demolition Cost, we willof "pollutants", “fungi”, wet or dry not pay more than therot or bacteria. amount you actually spend to(3) Under this Ordinance or Law Optional demolish and clear the site ofCoverage, we will not pay for loss due the described building.to any ordinance or law that: (ii) With respect to Broadened(a) You were required to comply with Increased Cost ofbefore the loss, even if the Construction:building was undamaged; and i. We will not pay for the(b) You failed to comply with. increased cost of (4) Loss Payment construction until the (a) When Coverage 1 applies, loss property is actually payment for that building, repaired or replaced, at including damaged and the same or another undamaged portions, will be premises; and determined as follows: ii. Unless the repairs or (i) If the property is repaired or replacement are made replaced, on the same or as soon as reasonably another premises, we will not possible after the loss or pay more than the lesser of: damage, not to exceed two years. We mayi. The amount you actually extend this period inspend to repair, rebuild writing during the twoor reconstruct the years.building, but not for more than the amount it would (iii) If the building is repaired or cost to restore the replaced at the same building on the same described premises, or if you described premises and elect to rebuild at another to the same height, floor premises, the most we will area, style and pay under Coverage 2 is the comparable quality of the increased cost of original property insured; construction at the same or described premises. Page 34 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03600 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 247 of 384 PB 00 02 04 11 (iv) If the ordinance or law 3. Optional Amendment of Coverage - requires relocation to another Exclude Theft premises, the most we will When “– Excluding Theft" is stated in thepay under Coverage 2 is the Declarations after Business Personalincreased cost of construction Property coverage, then under:at the new premises. a. Paragraph 3. of Section B.e. This Ordinance or Law Optional Coverage EXCLUSIONS, the following exclusion isis not subject to the terms of the added:Ordinance or Law Exclusion, to the extent Theft: Theft or attempted theft resulting inthat such exclusion would conflict with the loss of or damage to Business Personalprovisions of this Optional Coverage. Property.f. Example of Proportionate Loss Payment for b. The Money and Securities AdditionalOrdinance or Law Coverage Losses Coverage, paragraph (1)(a) is deleted.(procedure as set forth in Section a.(3) of this Ordinance or Law Optional Coverage). H. PROPERTY DEFINITIONS Assume: The terms “you”, “your”, “we”, “us”, “our” and “insured” are defined in the Preamble of thisWind is a Covered Cause of Loss. Coverage Form. The following words or phrases,Flood is an excluded Cause of Loss; which appear in quotation marks throughout thisThe building has a value of $200,000; Coverage Form and any of its endorsements, are Total direct physical damage to defined as follows: building: $100,000; 1. means a fortuitous event that"Accident" The ordinance or law in this causes direct physical damage to “covered jurisdiction is enforced when building equipment”. The event must be one of the damage equals or exceeds 50% of following: the building's value; a. Mechanical breakdown, including rupture Portion of direct physical damage that or bursting caused by centrifugal force; is covered (caused by wind): b. Artificially generated electrical, magnetic $30,000; or electromagnetic energy, including Portion of direct physical damage that electric arcing, that damages, disturbs, is not covered (caused by flood): disrupts or otherwise interferes with any $70,000; and electrical or electronic wire, device, appliance, system or network;Loss under Ordinance or Law c. Explosion of steam boilers, steam pipes,Coverage 2 of this endorsement: steam engines or steam turbines owned$60,000. or leased by you, or operated under yourStep 1: Determine the proportion that the control;covered direct physical damage bears to d. Loss of or damage to steam boilers,the total direct physical damage. steam pipes, steam engines or steam$30,000 divided by $100,000 = .30 turbines caused by or resulting from any Step 2: Apply that proportion to the condition or event inside such equipment; Ordinance or Law loss. or $60,000 x .30 = $18,000 e. Loss or damage to hot water boilers or In this example, the most we will pay other water heating equipment caused by under this endorsement for the Coverage or resulting from any condition or event 2 loss is $18,000, subject to the inside such boilers or equipment. applicable Limit of Insurance and any 2. means the cost to repair“Actual Cash Value” other applicable provisions. or replace Covered Property, at the time of NOTE: The same procedure applies to loss or damage, whether that property has losses under Coverage 1 of this sustained partial or total loss or damage, with endorsement. material of like kind and quality, subject to a deduction for deterioration, depreciation and obsolescence. PB 00 02 04 11 Page 35 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03601 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 248 of 384 PB 00 02 04 11 receives electrical power from an external3. means the:"Business Income" power supplier will not be considered a a. Net Income (Net Profit or Loss before vehicle, aircraft or floating vessel.income taxes) that would have been 7. means property"Dependent property"earned or incurred if no physical loss or owned or operated by others, not includingdamage had occurred, but not including any described premises, on whom youany Net Income that would likely have depend on to:been earned as a result of an increase in the volume of business due to favorable a. Deliver materials or services to you, or to business conditions caused by the impact others for your account. Services does of the Covered Cause of Loss on not include water, steam, fuel, customers or on other businesses; plus communication, or power supply services. b. Necessary continuing normal operating b. Purchase your products or services. expenses incurred, while “operations” are c. Manufacture products for delivery to your suspended, including payroll. customers under contract of sale. 4. means:"Computer" d. Attract customers to your business. But a. Programmable electronic equipment that this does not include firms in the business is used to store, retrieve and process of promoting or advertising your business. data; and 8. means information, facts"Electronic data" b. Associated peripheral equipment that or “computer” programs stored as or on, provides communication, including input created or used on, or transmitted to or from and output functions such as printing and “computer” software (including systems and auxiliary functions such as data applications software), on hard or floppy transmission. disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories"Computer" includes those used to operate of “computer” software which are used withproduction type machinery or equipment. electronically controlled equipment. The term5. means an imitation of"Counterfeit money" “computer” programs, referred to in the "money" that is intended to deceive and to be foregoing description of electronic data, taken as genuine. means a set of related electronic instructions 6. means, Covered"Covered equipment" which direct the operations and functions of a Property: "computer" or device connected to it, which enable the "computer" or device to receive,a. That generates, transmits or utilizes energy, process, store, retrieve or send data.including electronic communications and data processing equipment; or 9. means expense incurred:"Extra Expense" b. Which, during normal usage, operates a. To avoid or minimize the suspension of under vacuum or pressure, other than the business and to continue "operations": weight of its contents. (1) At the described premises; or None of the following is "covered equipment": (2) At replacement premises or at a. Structure, foundation, cabinet, compartment temporary locations, including or air supported structure or building; relocation expenses and costs to equip and operate the replacement orb. Insulating or refractory material; temporary locations.c. Sewer piping, underground vessels or b. To minimize the suspension of business ifpiping, piping forming a part of a sprinkler you cannot continue "operations".system or water piping other than boiler feedwater piping, boiler condensate return c. To: piping or water piping forming a part of a (1) Repair or replace any property; or refrigerating or air conditioning system; (2) Research, replace or restore the lostd. Dragline, excavation or construction information on damaged "valuable equipment; or papers and records"; e. Equipment manufactured by you for sale. to the extent it reduces the amount of loss f. Vehicle, aircraft or floating vessel or any that otherwise would have been payable equipment mounted on such vehicle, under the Extra Expense Additional aircraft or floating vessel. However, any Coverage or the Business Income property that is stationary, permanently Additional Coverage. installed at a covered location and that Page 36 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03602 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 249 of 384 PB 00 02 04 11 e. Additional Exemptions shown in the10. " " means:Fraudulent instruction Declarations as: a. An electronic, telegraphic, cable, teletype, (1) Job Classifications; ortelefacsimile or telephone instruction (2) Employees.which purports to have been transmitted by you, but which was in fact fraudulently Ordinary payroll expenses include: transmitted by someone else without your (a) Payroll; knowledge or consent; (b) Employee benefits, if directly related to b. A written instruction (other than those payroll; described in Paragraph A.5.k.) issued by (c) FICA payments you pay;you, which was forged or altered by (d) Union dues you pay; andsomeone other than you without your knowledge or consent or which purports (e) Workers' compensation premiums. to have been issued by you, but was in 18. means:"Period of restoration" fact fraudulently issued without your a. For other than the Dependent Propertiesknowledge or consent; or Additional Coverage and Business c. An electronic, telegraphic, cable, teletype, Income and Extra Expense – Increased telefacsimile, telephone or written Period of Restoration Due to Ordinance instruction initially received by you which or Law Additional Coverage: purports to have been transmitted by an (1) The period of time that:employee but which was in fact (a) Begins the number of hoursfraudulently transmitted by someone else shown in the Declarations afterwithout your or the employee's the time of direct physical loss orknowledge or consent. damage caused by or resulting11. means any type or form of fungus,"Fungi" from any Covered Cause of Lossincluding mold or mildew, and any at the described premises; andmycotoxins, spores, scents or by-products (b) Ends on the earlier of:produced or released by fungi. (i) The date when the property12. means any"Hazardous substance" at the described premisessubstance other than ammonia that has been should be repaired, rebuilt ordeclared to be hazardous to health by a replaced with reasonablegovernmental agency. speed and similar quality; or13. means a person serving in a"Manager" (ii) The date when business isdirectorial capacity for a limited liability resumed at a new permanentcompany. location.14. means an owner of a limited"Member" (2) "Period of restoration" does notliability company represented by its include any increased period requiredmembership interest, who also may serve as due to the enforcement of anya "manager". ordinance or law that:15. means:"Money" (a) Regulates the construction, usea. Currency, coins and bank notes whether or repair, or requires the tearingor not in current use and having a face down of any property; orvalue; and (b) Requires any insured or others tob. Travelers checks, register checks and test for, monitor, clean up,money orders held for sale to the public. remove, contain, treat, detoxify or 16. mean your business activities"Operations" neutralize, or in any way respond occurring at the described premises. to or assess the effects of 17. mean payroll“Ordinary payroll expenses” "pollutants". expenses for all your employees except: (3) The expiration date of this policy will a. Officers; not cut short the "period of restoration".b. Executives; c. Department Managers; d. Employees under contract; and PB 00 02 04 11 Page 37 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03603 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 250 of 384 PB 00 02 04 11 replaced with reasonableb. For Business Income and Extra Expense speed and similar quality; or– Increased Period of Restoration Due to Ordinance or Law Additional Coverage: (ii) The date when your business is resumed at a permanent(1) The period of time that: new location.(a) Begins: (2) "Period of restoration" does not (i) At the time of direct physical include any increased period requiredloss or damage for Business due to the enforcement of any Income Additional Coverage; ordinance or law that: or (a) Regulates the construction, use(ii) Immediately after the time of or repair, or requires the tearing direct physical loss or down of any property; or damage for Extra Expense (b) Requires any insured or others toAdditional Coverage: test for, monitor, clean up, Caused by or resulting from any remove, contain, treat, detoxify or Covered Cause of Loss at the neutralize, or in any way respond described premises; and to or assess the effects of (b) Ends on the earlier of: "pollutants". (i) The date when the property (3) The expiration date of this policy will at the described premises not cut short the "period of should be repaired, rebuilt or restoration". replaced with reasonable 19. mean personal property"Perishable goods"speed and similar quality; or maintained under controlled conditions for its (ii) The date when business is preservation, and susceptible to loss or resumed at a new permanent damage if the controlled conditions change. location. 20. mean any solid, liquid, gaseous"Pollutants" (2) “Period of restoration” includes any or thermal irritant or contaminant, including but increased period required to repair or not limited to smoke, vapor, soot, fumes, acids, reconstruct the property to conform alkalis, petroleum products and their with the minimum standards or any derivatives, chemicals and waste. Such irritants ordinance or law, in force at the time or contaminants are “pollutants” whether or not of loss, that regulates the they have any function in your business, construction or repair, or requires the operations, premises, sites or locations. tearing down of any property. Waste includes but is not limited to materials (3) The expiration date of this policy will to be recycled, reconditioned or reclaimed not cut short the "period of and livestock, poultry or other animal restoration". excrement. c. For Dependent Properties Additional 21. mean negotiable and non-"Securities" Coverage: negotiable instruments or contracts (1) The period of time that: representing either "money" or other property and includes:(a) Begins: a. Tokens, tickets, revenue and other24 hours after the time of direct stamps (whether represented by actualphysical loss or damage for stamps or unused value in a meter)Business Income Additional whether or not in current use; andCoverage caused by or resulting from any Covered Cause of Loss b. Evidences of debt issued in connection at the premises of the "dependent with credit or charge cards, which cards property"; and are not issued by you; (b) Ends on the earlier of: but does not include "money" or lottery tickets held for sale.(i) The date when the property at the premises of the "dependent property" should be repaired, rebuilt or Page 38 of 39 PB 00 02 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03604 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 251 of 384 PB 00 02 04 11 22. means the 23. means merchandise held in storage"Specified Causes of Loss" "Stock" following: or for sale, raw materials and in-process or finished goods, including supplies used inFire; lightning; explosion, windstorm or hail; their packing or shipping.smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire 24. " " means an accountTransfer account extinguishing equipment; sinkhole collapse; maintained by you at a financial institution from volcanic action; falling objects; weight of which you can initiate the transfer, payment or snow, ice or sleet; water damage. delivery of "money" and "securities": a. Sinkhole collapse means the sudden a. By means of electronic, telegraphic, sinking or collapse of land into cable, teletype, telefacsimile or telephone underground empty spaces created by the instructions communicated directly action of water on limestone or dolomite. through an electronic funds transfer This cause of loss does not include: system; or (1) The cost of filling sinkholes; or b. By means of written instructions (other than those described in Paragraph A.5.k.)(2) Sinking or collapse of land into man- establishing the conditions under whichmade underground cavities. such transfers are to be initiated by suchb. Falling objects does not include loss of or financial institution through an electronicdamage to: funds transfer system. (1) Personal property in the open; or 25. mean"Valuable papers and records" (2) The interior of a building or structure, inscribed, printed, or written: or property inside a building or a. Documents;structure, unless the roof or an b. Manuscripts; andoutside wall of the building or structure is first damaged by a falling object. c. Records; c. Water damage means accidental including abstracts, books, deeds, drawings, discharge or leakage of water or steam films, maps or mortgages. as the direct result of the breaking apart HOWEVER, "valuable papers and records" or cracking of any part of a system or does not mean "money" or "securities". appliance (other than a sump system including its related equipment and parts) containing water or steam. HOWEVER, damage from constant or repeated seepage or leakage of water or steam over a period of weeks, months or years from any part of a system or appliance containing water or steam is not water damage. PB 00 02 04 11 Page 39 of 39Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03605 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 252 of 384 BUSINESSOWNERS PB 00 06 04 11 PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM TABLE OF CONTENTS I. COVERAGES................................................................................................................... ..................................2 COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY......................................................2 INSURING AGREEMENT............................................................................................................. ..............2 EXCLUSIONS..................................................................................................................... ........................3 TENANTS PROPERTY DAMAGE LEGAL LIABILITY............................................................................... 9 COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY............................................................ 9 INSURING AGREEMENT............................................................................................................. .............. 9 EXCLUSIONS..................................................................................................................... ........................ 9 COVERAGE C – MEDICAL PAYMENTS.................................................................................................. ........13 INSURING AGREEMENT............................................................................................................. ............ 13 EXCLUSIONS..................................................................................................................... ...................... 13 SUPPLEMENTARY PAYMENTS – COVERAGES A AND B............................................................................ 13 II. WHO IS AN INSURED.......................................................................................................... ............................ 14 Automatic Additional Insureds.................................................................................................. ......................... 15 Co-Owners of Insured Premises.................................................................................................. ................ 16 Controlling Interest........................................................................................................... ............................. 16 Grantor of Franchise or License................................................................................................ ................... 16 Lessors of Leased Equipment.................................................................................................... .................. 16 Managers or Lessors of Leased Premises......................................................................................... .......... 16 Mortgagee, Assignee or Receiver................................................................................................ ................ 16 Owners or Other Interest from Whom Land has been Leased.................................................................... 17 State or Political Subdivisions - Permits Relating to Premises................................................................. ... 17 III. LIMITS OF INSURANCE AND DEDUCTIBLE........................................................................................ .......... 17 General Aggregate Limit of Insurance (Other than Products-Completed Operations)...................................... 17 Products-Completed Operations Aggregate Limit of Insurance..................................................................... ...17 Personal and Advertising Injury Limit of Insurance............................................................................. ............... 17 Each Occurrence Limit of Insurance............................................................................................. ..................... 17 Tenants Property Damage Legal Liability Limit of Insurance..................................................................... .......17 Medical Payments Limit of Insurance............................................................................................ .................... 17 Property Damage Deductible..................................................................................................... ........................ 18 IV. LIABILITY CONDITIONS....................................................................................................... ........................... 18 Bankruptcy..................................................................................................................... .................................... 18 Duties In The Event Of Occurrence, Offense, Claim Or Suit...................................................................... .......18 Legal Action Against Us........................................................................................................ ............................. 18 Separation Of Insureds......................................................................................................... ............................. 19 V. DEFINITIONS................................................................................................................. .................................. 19 PB 00 06 04 11 Page 1 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03606 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 253 of 384 PB 00 06 04 11 PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to 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 "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II. WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Please refer to Section V. DEFINITIONS. I. COVERAGES (2) The "bodily injury" or "property damage" occurs during the policy A. COVERAGE A – BODILY INJURY AND period; and PROPERTY DAMAGE LIABILITY (3) Prior to the policy period,no insured 1. INSURING AGREEMENT listed underParagraph1. of Section II. a. We will pay those sums up to the WHO IS AN INSURED and no applicable Limit of Insurance that the "employee"authorizedby you to give insured becomes legally obligated to pay or receivenoticeof an "occurrence"or as damages because of "bodily injury" or claim, knew that the "bodily injury"or "property damage" to which this "propertydamage"had occurred,in insurance applies. We will have the right whole or in part. If sucha listed insured and duty to defend the insured against or authorized"employee"knew, prior to any "suit" seeking those damages for the policyperiod, that the "bodilyinjury" which there is coverage under this policy. or "propertydamage"occurred,then any continuation,changeorHOWEVER, we will have no duty to resumptionof such "bodilyinjury"ordefend the insured against any "suit" "propertydamage"duringor after theseeking damages for "bodily injury" or policyperiodwill be deemedto have"property damage" to which this beenknown prior to the policy period.insurance does not apply. c. "Bodily injury" or "property damage"We may, at our sole discretion, which occurs during the policy period andinvestigate any "occurrence" and settle was not, prior to the policy period, knownany claim or "suit" that may result. But: to have occurred by any insured listed(1) The amount we will pay for damages under Paragraph 1. of Section II. WHO ISis limited as described in Section III. AN INSURED or any "employee"LIMITS OF INSURANCE; and authorized by you to give or receive (2) Our right and duty to defend end notice of an "occurrence" or claim, when we have used up the applicable includes any continuation, change or limit of insurance in the payment of resumption of that "bodily injury" or judgments or settlements under "property damage" after the end of the COVERAGES A or B or medical policy period. expenses under COVERAGE C. d. "Bodily injury" or "property damage" will No other obligation or liability to pay sums be deemed to have been known to have or perform acts or services is covered occurred at the earliest time when any unless explicitly provided for under insured listed under Paragraph 1. of SUPPLEMENTARY PAYMENTS – Section II. WHO IS AN INSURED or any COVERAGES A AND B. "employee" authorized by you to give or b. This insurance applies to "bodily injury" receive notice of an "occurrence" or and "property damage" only if: claim: (1) The "bodily injury" or "property (1) Reports all, or any part, of the "bodily damage" is caused by an injury" or "property damage" to us or "occurrence" that takes place in the any other insurer; "coverage territory"; and Page 2 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03607 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 254 of 384 PB 00 06 04 11 (2) Receives a written or verbal demand (b) Such attorney fees and litigation expenses are for defense of thator claim for damages because of the party against a civil or alternative"bodily injury" or "property damage"; dispute resolution proceeding inor which damages to which this(3) Becomes aware by any other means insurance applies are alleged. that "bodily injury" or "property c. Liquor Liabilitydamage" has occurred or has begun to occur. "Bodily injury" or "property damage" for which any insured may be held liable bye. Damages because of "bodily injury" reason of:include damages claimed by any person or organization for care, loss of services (1) Causing or contributing to the intoxication of any person;or death resulting at any time from the "bodily injury". (2) The furnishing of alcoholic beverages to a person under the legal drinking2. EXCLUSIONS age or under the influence of alcohol;This insurance, including any duty we have to ordefend “suits”, does not apply to: (3) Any statute, ordinance or regulation a. Expected Or Intended Injury relating to the sale, gift, distribution or "Bodily injury" or "property damage" use of alcoholic beverages. which is expected or intended by the This exclusion applies only if you: insured. (1) Manufacture, sell or distribute This exclusion applies even if the resulting alcoholic beverages; "bodily injury" or "property damage": (2) Serve or furnish alcoholic beverages (1) Is of a different kind, quality or degree for a charge whether or not such than initially expected or intended; or activity: (2) Is sustained by a different person, entity, (a) Requires a license; orreal property, or personal property than (b) Is for the purpose of financialthat initially expected or intended. gain or livelihood; or HOWEVER, this exclusion does not (3) Serve or furnish alcoholic beveragesapply to "bodily injury" resulting from the without a charge, if a license isuse of reasonable force to protect required for such activity.persons or property. d. Lawsb. Contractual Liability Any liability or legal obligation of any"Bodily injury" or "property damage" for which insured with respect to "bodily injury" orthe insured is obligated to pay damages by "property damage" arising out of any ofreason of the assumption of liability in a the following:contract or agreement. This exclusion does not apply to liability for damages: (1) Any federal, state, county, municipal or local law, ordinance, order,(1) That the insured would have in the directive or regulation barringabsence of the contract or discrimination, including but notagreement; or limited to those based on race, color,(2) Assumed in a contract or agreement national origin, ancestry, citizenship,that is an "insured contract", provided gender, sexual orientation, maritalthe "bodily injury" or "property damage" status, religion or religious belief,occurs subsequent to the execution of age, economic status, income,the contract or agreement. Solely for medical condition, pregnancy,the purposes of liability assumed in an parenthood or mental or physical"insured contract", reasonable attorney fees and necessary litigation expenses disability; incurred by or for a party other than an (2) Any workers' compensation, insured are deemed to be damages unemployment compensation, because of "bodily injury" or "property disability benefits law, or any other damage", provided: statutory benefits law; (a) Liability to such party for, or for (3) The Migrant and Seasonal the cost of, that party's defense Agricultural Worker Protection Act;has also been assumed in the same "insured contract"; and PB 00 06 04 11 Page 3 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03608 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 255 of 384 PB 00 06 04 11 (4) Any state, federal or governmental (ii) "Bodily injury" or "property antitrust statute or regulation, including damage" for which you may but not limited to the Racketeer be held liable, if you are a Influenced and Corrupt Organizations contractor and the owner or Act (RICO), the Securities Act of 1933, lessee of such premises, site the Securities Exchange Act of 1934, or location has been added to or any state Blue Sky law; your policy as an additional insured with respect to your(5) The Employees' Retirement Income ongoing operations performedSecurity Act (E.R.I.S.A.) of 1974; or for that additional insured at(6) Any other similar statutes, ordinances, that premises, site or location orders, directives or regulations. and such premises, site or e. Employer's Liability location is not and never was owned or occupied by, or"Bodily injury" to: rented or loaned to, any(1) An "employee" of the insured arising insured, other than thatout of and in the course of: additional insured; or (a) Employment by the insured; or (iii) "Bodily injury" or "property (b) Performing duties related to the damage" arising out of heat, conduct of the insured's smoke or fumes from a business; or "hostile fire"; (2) The spouse, child, parent, brother or (b) At or from any premises, site or sister of that "employee" as a location which is or was at any consequence of Paragraph (1) above. time used by or for any insured or This exclusion applies: others for the handling, storage, disposal, processing or treatment(1) Whether the insured may be liable as an of waste;employer or in any other capacity; and (c) Which are or were at any time(2) To any obligation to share damages transported, handled, stored,with or repay someone else who must treated, disposed of, orpay damages because of the injury. processed as waste by or for anyThis exclusion does not apply to liability insured or any person orassumed by the insured under an organization for whom you may"insured contract". be legally responsible; or f. Pollution (d) At or from any premises, site or (1) "Bodily injury" or "property damage" location on which any insured or arising out of the actual, alleged or any contractors or subcontractors threatened discharge, dispersal, working directly or indirectly on seepage, migration, release or any insured's behalf are escape of "pollutants": performing operations if the (a) At or from any premises, site or "pollutants" are brought on or to location which is or was at any the premises, site or location in time owned or occupied by, or connection with such operations rented or loaned to, any insured. by such insured, contractor or subcontractor.HOWEVER, this subparagraph does not apply to: HOWEVER, this subparagraph does not apply to:(i) "Bodily injury" if sustained within a building and caused by (i) "Bodily injury" or "property smoke, fumes, vapor or soot damage" arising out of the produced by or originating from escape of fuels, lubricants or equipment that is used to heat, other operating fluids which cool or dehumidify that are needed to perform the building, or equipment that is normal electrical, hydraulic or used to heat water for personal mechanical functions use, by the building’s necessary for the operation of occupants or their guests; "mobile equipment" or its Page 4 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03609 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 256 of 384 PB 00 06 04 11 parts, if such fuels, lubricants monitoring, cleaning up, removing, or other operating fluids containing, treating, detoxifying or escape from a vehicle part neutralizing, or in any way designed to hold, store or responding to, or assessing the receive them. This exception effects of, "pollutants". does not apply if the "bodily HOWEVER, this paragraph does not injury" or "property damage" apply to liability for damages because arises out of the intentional of "property damage" that the insured discharge, dispersal or would have in the absence of such release of the fuels, lubricants request, demand, order or statutory or other operating fluids, or if or regulatory requirement, or such such fuels, lubricants or other claim or "suit" by or on behalf of a operating fluids are brought governmental authority. on or to the premises, site or g. Aircraft, Auto Or Watercraftlocation with the intent that "Bodily injury" or "property damage"they be discharged, dispersed arising out of the ownership,or released as part of the maintenance, use or entrustment tooperations being performed others of any aircraft, "auto" or watercraftby such insured, contractor or owned or operated by or rented or loanedsubcontractor; to any insured. Use includes operation(ii) "Bodily injury" or "property and "loading or unloading".damage" sustained within a This exclusion applies even if the claimsbuilding and caused by the allege negligence or other wrongdoing inrelease of gases, fumes or the supervision, hiring, employment,vapors from materials brought training or monitoring of others by aninto that building in connection insured, if the “occurrence” which causedwith operations being performed the “bodily injury” or “property damage”by you or on your behalf by a involved the ownership, maintenance,contractor or subcontractor; or use or entrustment to others of any(iii) "Bodily injury" or "property aircraft, “auto” or watercraft that is owneddamage" arising out of heat, or operated by or rented or loaned to anysmoke or fumes from a insured."hostile fire". HOWEVER, this exclusion does not apply(e) At or from any premises, site or to:location on which any insured or (1) A watercraft while ashore onany contractors or subcontractors premises you own or rent;working directly or indirectly on any insured's behalf are (2) A watercraft you do not own that is: performing operations if the (a) Less than 26 feet long; and operations are to test for, monitor, (b) Not being used to carry personsclean up, remove, contain, treat, or property for a charge;detoxify or neutralize, or in any (3) Parking an "auto" on, or on the waysway respond to, or assess the next to, premises you own or rent,effects of, "pollutants". provided the "auto" is not owned by or(2) Any loss, cost or expense arising out rented or loaned to you or the insured;of any: (4) Liability assumed under any "insured(a) Request, demand, order or contract" for the ownership,statutory or regulatory requirement maintenance or use of aircraft orthat any insured or others test for, watercraft; ormonitor, clean up, remove, contain, (5) "Bodily injury" or "property damage"treat, detoxify or neutralize, or in arising out of:any way respond to, or assess the effects of, "pollutants"; or (a) The operation of machinery or equipment that is attached to, or(b) Claim or “suit” by or on behalf of a part of, a land vehicle that wouldgovernmental authority for qualify under the definition ofdamages because of testing for, PB 00 06 04 11 Page 5 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03610 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 257 of 384 PB 00 06 04 11 “mobile equipment” if it were not replaced because "your work" was subject to a compulsory or incorrectly performed on it. financial responsibility law or other Other than damage by the Covered motor vehicle insurance or motor Causes of Loss provided under Tenants vehicle registration law where it is Property Damage Legal Liability, licensed or principally garaged; or paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to(b) The operation of any of the premises, including the contents of suchequipment listed in Paragraph premises, rented to you for a period of 7 orf.(2) or f.(3) of the definition of fewer consecutive days. A separate limit of"mobile equipment". insurance applies to Tenants Propertyh. Mobile Equipment Damage Legal Liability as described in "Bodily injury" or "property damage" Section III. LIMITS OF INSURANCE. arising out of: Paragraph (2) of this exclusion does not (1) The transportation of "mobile apply if the premises are "your work" and equipment" by an "auto" owned or were never occupied, rented or held for operated by or rented or loaned to rental by you. any insured; or Paragraphs (3), (4), (5) and (6) of this (2) The use of "mobile equipment" in, or exclusion do not apply to liability while in practice for, or while being assumed under a sidetrack agreement. prepared for, any prearranged racing, Paragraph (6) of this exclusion does not speed, demolition, or stunting activity. apply to "property damage" included in i. War the "products-completed operations hazard"."Bodily injury" or "property damage", however caused, arising, directly or k. Damage To Your Product indirectly, out of: "Property damage" to "your product", (1) War, including undeclared civil war; arising out of it or any part of it. or l. Damage To Your Work (2) Warlike action by a military force, "Property damage" to "your work" arisingincluding action in hindering or out of it or any part of it and included indefending against an actual or the "products-completed operationsexpected attack, by any government, hazard".sovereign or other authority using HOWEVER, this exclusion does not applymilitary personnel or other agents; or if the damaged work, or the work out of(3) Insurrection, rebellion, revolution, which the damage arises, was performedusurped power, or action taken by on your behalf by a subcontractor.government authority in hindering or m. Damage To Impaired Property Ordefending against any of these. Property Not Physically Injuredj. Damage To Property "Property damage" to "impaired property""Property damage" to: or property that has not been physically(1) Property you own, rent, or occupy; injured, arising out of: (2) Premises you sell, give away or (1) A defect, deficiency, inadequacy orabandon, if the "property damage" dangerous condition in "your product"arises out of any part of those premises; or "your work"; or(3) Property loaned to you; (2) A delay or failure by you or anyone(4) Personal property in the care, acting on your behalf to perform acustody or control of the insured; contract or agreement in accordance(5) That particular part of real property on with its terms.which you or any contractors or This exclusion does not apply to the losssubcontractors working directly or of use of other property arising out ofindirectly on your behalf are performing sudden and accidental physical injury tooperations, if the "property damage" "your product" or "your work" after it hasarises out of those operations; or been put to its intended use.(6) That particular part of any property that must be restored, repaired or Page 6 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03611 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 258 of 384 PB 00 06 04 11 n. s.Recall Of Products, Work Or Impaired Asbestos, Electromagnetic, Lead or Property Radon Damages claimed for any loss, cost or “Bodily injury” or “property damage” expense incurred by you or others for the arising out of: loss of use, withdrawal, recall, inspection, (1) Asbestos including but not limited to repair, replacement, adjustment, removal any injury or damage related to, arising or disposal of: or alleged to have arisen out of any (1) "Your product"; use, exposure, existence, detection, removal, elimination, avoidance, act,(2) "Your work"; or error, omission, failure to disclose or (3) "Impaired property"; warn of the presence of asbestos or if such product, work, or property is any other duty involving asbestos; withdrawn or recalled from the market or (2) Electromagnetic emissions or from use by any person or organization radiation including but not limited to because of a known or suspected defect, any injury or damage related to, deficiency, inadequacy or dangerous arising or alleged to have arisen out condition in it. of any use, exposure, existence, o. Personal And Advertising Injury detection, removal, elimination, avoidance, act, error, omission,"Bodily injury" arising out of "personal and failure to disclose or warn of theadvertising injury". presence of electromagneticp. Bodily Injury To Any Insured emissions or radiation or any other "Bodily injury" to: duty involving electromagnetic (1) Any insured, except “volunteer emissions or radiation; workers”; or (3) Lead including but not limited to any (2) Any insured whenever the ultimate injury or damage related to, arising or benefits of any indemnification will alleged to have arisen out of any use, accrue directly or indirectly to any exposure, existence, detection, insured or the heirs of any insured. removal, elimination, avoidance, act, error, omission, failure to disclose orq. Damage To Named Insured's Property warn of the presence of lead or anyAny claim or "suit" for "property damage" other duty involving lead; orby you or on your behalf against any (4) Radon or any other radioactiveother person or organization that is also a emissions, manmade or natural,Named Insured under this policy. including but not limited to any injuryr. Abuse or Molestation or damage related to, arising or "Bodily injury" or "property damage" alleged to have arisen out of any use, arising out of: exposure, existence, detection, (1) The actual or threatened abuse or removal, elimination, avoidance, act, molestation by anyone of any person error, omission, failure to disclose or while in the care, custody or control warn of the presence of radon or any of any insured, or other radioactive emissions or any other duty involving radon or other(2) The negligent: radioactive emissions.(a) Employment; t. Employment Practices(b) Investigation; "Bodily injury" to:(c) Supervision; (1) A person arising out of any:(d) Reporting to the proper authorities, (a) Refusal to employ that person;or failure to so report; or (b) Termination of that person's(e) Retention; employment; orof a person for whom any insured is (c) Employment-related practices,or ever was legally responsible and policies, acts or omissions, suchwhose conduct would be excluded by as coercion, demotion, evaluation,Paragraph (1) above. reassignment, discipline, defamation, harassment, PB 00 06 04 11 Page 7 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03612 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 259 of 384 PB 00 06 04 11 humiliation or discrimination (5) Any psychological therapy or any other directed at that person; or counseling or mental health service, treatment, advice or instruction;(2) The spouse, child, parent, brother or (6) Any service, treatment, advice orsister of that person as a instruction for the purpose ofconsequence of "bodily injury" to that appearance or skin enhancement,person at whom any of the hair removal or replacement oremployment-related practices personal grooming, including but notdescribed in Paragraphs (a), (b), or limited to cosmetology, tonsorial,(c) above is directed. tattooing, tanning or massage;This exclusion applies: (7) Optometry or optical or hearing aid(1) Whether the injury-causing event service, treatment, advice ordescribed in Paragraphs (a), (b) or (c) instruction, including the prescribing,above occurs before employment, preparation, fitting, demonstration orduring employment or after distribution of ophthalmic lenses andemployment of that person; similar products or hearing aid devices; (2) Whether the insured may be liable as (8) Ear or other body piercing service, an employer or in any other capacity; treatment, advice or instruction; or and (9) Service, treatment, advice or (3) To any obligation to share damages instruction in the practice of pharmacy. with or repay someone else who must (10)Electronic data processing, computerpay damages because of the injury. consulting or computer programming u. Fiduciary Responsibility services, advice or instruction. “Bodily injury” or “property damage” This exclusion applies even if the claims arising out of the ownership, maintenance allege negligence or other wrongdoing in or use, including all related operations, of the supervision, hiring, employment, property in relation to which you or any training or monitoring of others by an insured is acting in any fiduciary or insured, if the “occurrence” which caused representative capacity. This exclusion the “bodily injury” or “property damage” does not apply if you are; a trust, as involved the rendering or failure to render described in Section II. WHO IS AN of any professional service. INSURED. w. Testing, Evaluating or Consulting v. Professional Services “Bodily injury” or “property damage” "Bodily injury" or "property damage" that arising out of: arises out of or is a result of the rendering (1) An error, omission, defect or of, or failure to render, any professional deficiency: service, treatment, advice or instruction. (a) In any test performed, or any This exclusion includes, but is not limited evaluation, consultation or advice to, any: given by or on behalf of you or (1) Legal, accounting, insurance, real any insured; or estate, financial, advertising or (b) In experimental data or theconsulting service, advice or instruction; insured’s interpretation of that data. (2) Preparing, approving, or failing to (2) The reporting of or reliance upon anyprepare or approve maps, drawings, such test, evaluation, consultation oropinions, reports, surveys, change advice.orders, designs or specifications; x. Recording And Distribution Of Material(3) Supervisory, inspection, engineering, Or Information In Violation Of Lawor architectural service, advice or "Bodily injury" or "property damage”instruction; arising directly or indirectly out of any(4) Medical, surgical, psychiatric, action or omission that violates or ischiropractic, chiropody, alleged to violate:physiotherapy, osteopathy, (1) The Telephone Consumer Protectionacupuncture, dental, x-ray, nursing or Act (TCPA), including any amendmentany other health service, treatment, of or addition to such law;advice or instruction; Page 8 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03613 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 260 of 384 PB 00 06 04 11 (2) The CAN-SPAM Act of 2003, B. COVERAGE B – PERSONAL AND including any amendment of or ADVERTISING INJURY LIABILITY addition to such law; 1. INSURING AGREEMENT (3) The Fair Credit Reporting Act a. We will pay those sums up to the(FCRA), and any amendment of or applicable Limit of Insurance that theaddition to such law, including the insured becomes legally obligated to pay Fair and Accurate Credit Transaction as damages because of "personal andAct (FACTA); or advertising injury" to which this insurance (4) Any federal, state or local statute, applies. We will have the right and duty to ordinance or regulation, other than the defend the insured against any "suit" TCPA, CAN-SPAM Act of 2003 or seeking those damages for which there is FCRA and their amendments and coverage under this policy. additions, that addresses, prohibits or HOWEVER, we will have no duty tolimits the printing, dissemination, defend the insured against any "suit"disposal, collecting, recording, sending, seeking damages for "personal andtransmitting, communicating or advertising injury" to which this insurancedistribution of material or information. does not apply. y. Electronic Data We may, at our sole discretion, Damages arising out of the loss of, loss of investigate any offense and settle any use of, damage to, corruption of, inability claim or "suit" that may result. But: to access, or inability to manipulate (1) The amount we will pay for damageselectronic data. is limited as described in Section III. As used in this exclusion, electronic data LIMITS OF INSURANCE; and means information, facts or computer (2) Our right and duty to defend endprograms stored as or on, created or when we have used up the applicableused on, or transmitted to or from limit of insurance in the payment ofcomputer software (including systems judgments or settlements underand applications software), on hard or COVERAGES A or B or medicalfloppy disks, CD-ROMs, tapes, drives, expenses under COVERAGE C.cells, data processing devices or any No other obligation or liability to pay sumsother repositories of computer software or perform acts or services is coveredwhich are used with electronically unless explicitly provided for undercontrolled equipment. The term computer SUPPLEMENTARY PAYMENTS –programs, referred to in the foregoing COVERAGES A AND B.description of electronic data, means a set of related electronic instructions which b. This insurance applies to "personal and direct the operations and functions of a advertising injury" caused by an offense computer or device connected to it, which arising out of your business but only if the enable the computer or device to receive, offense was committed in the "coverage process, store, retrieve or send data. territory" during the policy period. 3. TENANTS PROPERTY DAMAGE LEGAL 2. EXCLUSIONS LIABILITY This insurance, including any duty we have to Certain Exclusions Not Applicable defend “suits”, does not apply to personal and advertising injury:Exclusions c. through n., p., q., r., t., u., v. and w. do not apply to “property damage” to a. Knowing ViolationOf RightsOf Another premises while rented to you or temporarily Caused by or at the direction of the insured occupied by you with permission of the owner, if with the knowledge that the act would such “property damage” arises out of a Covered violate the rights of another and would Cause Of Loss provided under the inflict "personal and advertising injury". BUSINESSOWNERS PROPERTY COVERAGE b. Material Published With Knowledge OfFORM. A separate limit of insurance, called FalsityTenants Property Damage Legal Liability Limit, applies to this coverage as described in Section Arising out of oral or written publication of III. LIMITS OF INSURANCE. material, if done by or at the direction of the insured with knowledge of its falsity. PB 00 06 04 11 Page 9 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03614 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 261 of 384 PB 00 06 04 11 (2) Designing or determining content ofc. MaterialPublishedPrior To PolicyPeriod web-sites for others; or Arising out of oral or written publication of (3) An Internet search, access, contentmaterial whose first publication took place or service provider.before the beginning of the policy period. HOWEVER, this exclusion does not applyd. Criminal Act to Paragraphs a., b. and c. of the Arising out of a criminal act committed by definition of "personal and advertising or at the direction of any insured or a injury" under Section V. DEFINITIONS. criminal act committed by another for k. ElectronicChatroomsOr BulletinBoardswhich any insured is held to be vicariously liable. Arising out of an electronic chatroom or bulletin board the insured hosts, owns orHOWEVER, this exclusion does not apply over which the insured exercises control.to “personal injury” resulting from the use of reasonable force to protect persons or l. Unauthorized Use Of Another’s Name property. Or Product e. Arising out of the unauthorized use ofContractual Liability another's name or product in your e-mailFor which the insured has assumed liability address, domain name or metatags, orin a contract or agreement. HOWEVER, any other similar tactics to misleadthis exclusion does not apply to liability for another's potential customers.damages that the insured would have in the absence of the contract or agreement. m. Pollution f. Arising out of the actual, alleged orBreach of Contract threatened discharge, dispersal,Arising out of a breach of contract, except seepage, migration, release or escape ofan implied contract to use another's "pollutants" at any time.advertising idea in your "advertisement". n. Pollution-Relatedg. Quality Or Performance Of Goods – Failure To Conform To Statements With respect to any loss, cost or expense arising out of any:Arising out of the failure of goods, products or services to conform with any (1) Request, demand or order that any statement of quality or performance made insured or others test for, monitor, clean in your "advertisement". up, remove, contain, treat, detoxify or neutralize, or in any way respond to, orh. Wrong Description Of Price assess the effects of, "pollutants"; or Arising out of the wrong description of the (2) Claim or “suit” by or on behalf of aprice of goods, products or services governmental authority for damagesstated in your "advertisement". because of testing for, monitoring, i. Infringement Of Copyright, Patent, cleaning up, removing, containing, Trademark Or Trade Secret treating, detoxifying or neutralizing, or Arising out of the infringement of copyright, in any way responding to, or patent, trademark, trade secret or other assessing the effects of, "pollutants". intellectual property rights. Under this o. War exclusion, such other intellectual property However caused, arising, directly orrights do not include the use of another’s indirectly, out of:advertising idea in your “advertisement.” (1) War, including undeclared civil war;HOWEVER, this exclusion does not apply (2) Warlike action by a military force,to infringement, in your "advertisement", including action in hindering orof copyright, trade dress or slogan. defending against an actual orj. Insureds In Media And Internet Type expected attack, by any government,Business sovereign or other authority using Committed by an insured whose business military personnel or other agents; or is: (3) Insurrection, rebellion, revolution, (1) Advertising, broadcasting, publishing usurped power, or action taken by or telecasting. government authority in hindering or defending against any of these. Page 10 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03615 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 262 of 384 PB 00 06 04 11 (6) Any other similar statutes, ordinances,p. Recording and Distribution Of Material orders, directives or regulations;In Violation Of Law r. Abuse or MolestationArising directly or indirectly out of any action or omission that violates or is Arising out of: alleged to violate: (1) The actual or threatened abuse or (1) The Telephone Consumer Protection molestation by anyone of any person Act (TCPA), including any amendment while in the care, custody or control of or addition to such law; of any insured, or (2) The CAN-SPAM Act of 2003, (2) The negligent: including any amendment of or (a) Employment; addition to such law; (b) Investigation; (3) The Fair Credit Reporting Act (c) Supervision;(FCRA), and any amendment of or (d) Reporting to the proper authorities,addition to such law, including the or failure to so report; orFair and Accurate Credit Transaction Act (FACTA); or (e) Retention; (4) Any federal, state or local statute, of a person for whom any insured is ordinance or regulation, other than the or ever was legally responsible and TCPA, CAN-SPAM Act of 2003 or whose conduct would be excluded by FCRA and their amendments and Paragraph (1) above; additions, that addresses, prohibits or s. Employment Practices limits the printing, dissemination, To:disposal, collecting, recording, sending, (1) A person arising out of any:transmitting, communicating or distribution of material or information. (a) Refusal to employ that person; q. Laws (b) Termination of that person's employment; orAny liability or legal obligation of any insured arising out of any of the following: (c) Employment-related practices, policies, acts or omissions, such(1) Any federal, state, county, municipal as coercion, demotion, evaluation,or local law, ordinance, order, reassignment, discipline,directive or regulation barring defamation, harassment,discrimination, including but not humiliation or discriminationlimited to those based on race, color, directed at that person; ornational origin, ancestry, citizenship, gender, sexual orientation, marital (2) The spouse, child, parent, brother or status, parenthood, religion or sister of that person as a religious belief, age, economic status, consequence of "personal and income, medical condition, pregnancy, advertising injury" to that person at or mental or physical disability; whom any of the employment-related practices described in Paragraphs(2) Any workers' compensation, (a), (b), or (c) above is directed.unemployment compensation, disability benefits law, or any other This exclusion applies: statutory benefits law; (1) Whether the injury-causing event (3) The Migrant and Seasonal described in Paragraphs (a), (b) or (c) Agricultural Worker Protection Act; above occurs before employment, during employment or after(4) Any state, federal or governmental employment of that person;antitrust statute or regulation, including but not limited to the Racketeer (2) Whether the insured may be liable as Influenced and Corrupt Organizations an employer or in any other capacity; Act (RICO), the Securities Act of 1933, and the Securities Exchange Act of 1934, (3) To any obligation to share damages or any state Blue Sky law; with or repay someone else who (5) The Employees' Retirement Income must pay damages because of the Security Act (E.R.I.S.A.) of 1974; or injury; PB 00 06 04 11 Page 11 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03616 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 263 of 384 PB 00 06 04 11 t. Asbestos, Electromagnetic, Lead or instruction. This exclusion includes, but is Radon not limited to any: Arising out of: (1) Legal, accounting, insurance, real estate, financial, advertising or(1) Asbestos including but not limited to consulting service, advice orany injury or damage related to, arising instruction;or alleged to have arisen out of any use, exposure, existence, detection, (2) Preparing, approving, or failing to removal, elimination, avoidance, act, prepare or approve maps, drawings, error, omission, failure to disclose or opinions, reports, surveys, change warn of the presence of asbestos or orders, designs or specifications; any other duty involving asbestos; (3) Supervisory, inspection, engineering, (2) Electromagnetic emissions or radiation or architectural service, advice or including but not limited to any injury or instruction; damage related to, arising or alleged to (4) Medical, surgical, psychiatric, have arisen out of any use, exposure, chiropractic, chiropody, existence, detection, removal, physiotherapy, osteopathy, elimination, avoidance, act, error, acupuncture, dental, x-ray, nursing or omission, failure to disclose or warn of any other health service, treatment, the presence of electromagnetic advice or instruction; emissions or radiation or any other duty (5) Any psychological therapy or any involving electromagnetic emissions or other counseling or mental healthradiation; service, treatment, advice or (3) Lead including but not limited to any instruction; injury or damage related to, arising or (6) Any service, treatment, advice oralleged to have arisen out of any use, instruction for the purpose of exposure, existence, detection, appearance or skin enhancement,removal, elimination, avoidance, act, hair removal or replacement or error, omission, failure to disclose or personal grooming, including but notwarn of the presence of lead or any limited to cosmetology, tonsorial,other duty involving lead; or tattooing, tanning or massage. (4) Radon or any other radioactive (7) Optometry or optical or hearing aidemissions, manmade or natural, service, treatment, advice orincluding but not limited to any injury instruction, including the prescribing, or damage related to, arising or preparation, fitting, demonstration oralleged to have arisen out of any use, distribution of ophthalmic lenses and exposure, existence, detection, similar products or hearing aidremoval, elimination, avoidance, act, devices;error, omission, failure to disclose or (8) Ear or other body piercing service,warn of the presence of radon or any treatment, advice or instruction; orother radioactive emissions or any other duty involving radon or other (9) Service, treatment, advice or radioactive emissions; instruction in the practice of pharmacy; oru. Fiduciary Responsibility (10)Electronic data processing, computerThat arises out of the ownership, consulting or computer programmingmaintenance or use, including all related services, advice or instruction.operations, of property in relation to which you or any insured is acting in any This exclusion applies even if the claims fiduciary or representative capacity This allege negligence or other wrongdoing in exclusion does not apply if you are; a the supervision, hiring, employment, trust, as described in Section II. WHO IS training or monitoring of others by an AN INSURED.; insured, if the offense which caused the “personal and advertising injury” involvedv. Professional Services the rendering or failure to render of any That arises out of or is a result of the professional service. rendering of, or failure to render, any professional service, treatment, advice or Page 12 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03617 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 264 of 384 PB 00 06 04 11 b. Hired Personw. Testing, Evaluation or Consulting To a person hired to do work for or onArising out of: behalf of any insured or a tenant of any (1) An error, omission, defect or insured. deficiency: c. Injury On Normally Occupied Premises(a) In any test performed, or any To a person injured on that part ofevaluation, consultation or advice premises you own or rent that the persongiven by or on behalf of you or normally occupies.any insured; or d. Workers Compensation And Similar(b) In experimental data or the Lawsinsured’s interpretation of that data. To a person, whether or not an "employee" of any insured, if benefits for(2) The reporting of or reliance upon any the "bodily injury" are payable or must besuch test, evaluation, consultation or provided under a workers' compensationadvice. or disability benefits law or a similar law. C. COVERAGE C – MEDICAL PAYMENTS e. Athletic Activities 1. INSURING AGREEMENT To a person injured while practicing, a. We will pay medical expenses as instructing or participating in any physical described below for "bodily injury" caused exercises or games, sports or athletic by an accident: contests. (1) On premises you own or rent; f. Products-Completed Operations (2) On ways next to premises you own or Hazard rent; or Included within the "products-completed (3) Because of your operations; operations hazard". provided that: g. Coverage A Exclusions (1) The accident takes place in the Excluded under COVERAGE A. "coverage territory" and during the D. SUPPLEMENTARY PAYMENTS –policy period; COVERAGES A AND B (2) The expenses are incurred and 1. We will pay, with respect to any claim wereported to us within one year of the investigate or settle, or any "suit" against andate of the accident; and insured we defend: (3) The injured person submits to a. All expenses we incur.examination, at our expense, by b. Up to $250 for cost of bail bonds requiredphysicians of our choice as often as because of accidents or traffic lawwe reasonably require. violations arising out of the use of anyb. We will make these payments regardless vehicle to which the Bodily Injury Liabilityof fault. These payments will not exceed Coverage applies. We do not have tothe applicable limit of insurance. We will furnish these bonds.pay reasonable expenses for: c. The cost of bonds to release(1) First aid administered at the time of attachments, but only for bond amountsan accident; within the applicable limit of insurance. (2) Necessary medical, surgical, x-ray We do not have to furnish these bonds. and dental services, including d. All reasonable expenses incurred by theprosthetic devices; and insured at our request to assist us in the (3) Necessary ambulance, hospital, investigation or defense of the claim or professional nursing and funeral "suit", including actual loss of earnings up services. to $250 a day because of time off from 2. EXCLUSIONS work. We will not pay expenses for "bodily injury": e. All court costs taxed against the insured in the "suit". HOWEVER, these payments doa. Any Insured not include attorneys’ fees or attorneys’To any insured, except “volunteer expenses taxed against the insured.workers”. PB 00 06 04 11 Page 13 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03618 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 265 of 384 PB 00 06 04 11 f. Prejudgment interest awarded against the (c) Notify any other insurer whose insured on that part of the judgment we coverage is available to the pay. If we make an offer to pay the indemnitee; and applicable limit of insurance, we will not (d) Cooperate with us with respect to pay any prejudgment interest based on coordinating other applicable that period of time after the offer. insurance available to the g. All interest on the full amount of any indemnitee; and judgment that accrues after entry of the (2) Provides us with written authorization judgment and before we have paid, to: offered to pay, or deposited in court the (a) Obtain records and otherpart of the judgment that is within the information related to the "suit";applicable limit of insurance. and These payments will not reduce the limits of (b) Conduct and control the defenseinsurance. of the indemnitee in such "suit". 2. If we defend an insured against a "suit" and So long as the above conditions are met,an indemnitee of the insured is also named attorneys' fees incurred by us in the defenseas a party to the "suit", we will defend that of that indemnitee, necessary litigationindemnitee if all of the following conditions expenses incurred by us and necessaryare met: litigation expenses incurred by the indemnitee a. The "suit" against the indemnitee seeks at our request will be paid as Supplementary damages for which the insured has Payments. Notwithstanding the provisions of assumed the liability of the indemnitee in Paragraph 2.b.(2) of Section I. COVERAGE, a contract or agreement that is an A. COVERAGE A – BODILY INJURY AND "insured contract"; PROPERTY DAMAGE LIABILITY, such b. This insurance applies to such liability payments will not be deemed to be damages assumed by the insured; for "bodily injury" and "property damage" and will not reduce the limits of insurance.c. The obligation to defend, or the cost of the defense of, that indemnitee, has also Our obligation to defend an insured's been assumed by the insured in the same indemnitee and to pay for attorneys' fees and "insured contract"; necessary litigation expenses as Supplementary Payments ends when:d. The allegations in the "suit" and the information we know about the a. We have used up the applicable limit of "occurrence" are such that no conflict insurance in the payment of judgments or appears to exist between the interests of settlements; or the insured and the interests of the b. The conditions set forth above, or the indemnitee; terms of the agreement described in e. The indemnitee and the insured ask us to Paragraph f. above, are no longer met. conduct and control the defense of that II. WHO IS AN INSUREDindemnitee against such "suit" and agree 1. If you are:that we can assign the same counsel to defend the insured and the indemnitee; a. An individual, you and your spouse are and insureds, but only with respect to the conduct of a business of which you aref. The indemnitee: the sole owner.(1) Agrees in writing to: b. A partnership or joint venture, you are an(a) Cooperate with us in the insured. Your members, your partners, andinvestigation, settlement or their spouses are also insureds, but onlydefense of the "suit"; with respect to the conduct of your business. (b) Immediately send us copies of c. A limited liability company, you are anany demands, notices, insured. Your members are alsosummonses or legal papers insureds, but only with respect to thereceived in connection with the conduct of your business. Your managers"suit"; are insureds, but only with respect to their duties as your managers. Page 14 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03619 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 266 of 384 PB 00 06 04 11 d. A trust, you are an insured. Your trustee (2) "Property damage" to property: or co-trustees are also insureds, but only (a) Owned, occupied or used by; or with respect to their duties as a trustee in (b) Rented to, in the care, custody orconnection with your property, operations control of, or over which physicaland activities. control is being exercised for any e. An organization other than a partnership, purpose by; joint venture or limited liability company, you, any of your "employees",you are an insured. Your "executive “volunteer workers”, any partner orofficers" and directors are insureds, but member (if you are a partnership oronly with respect to their duties as your joint venture), or any member (if youofficers or directors. Your stockholders are a limited liability company).are also insureds, but only with respect to b. Any person (other than your "employee"their liability as stockholders. or “volunteer worker”), or any2. Each of the following is also an insured: organization while acting as your real a. Your “volunteer workers” only while estate manager. performing duties related to the conduct of c. Any person or organization having properyour business, or your "employees", other temporary custody of your property if youthan either your "executive officers" (if you die, but only:are an organization other than a (1) With respect to liability arising out ofpartnership, joint venture or limited liability the maintenance or use of thatcompany) or your managers (if you are a property; andlimited liability company), but only for acts within the scope of their employment by (2) Until your legal representative has you or while performing duties related to been appointed. the conduct of your business. d. Your legal representative if you die, but HOWEVER, none of these "employees" only with respect to duties as such. That or “volunteer workers” is an insured for: representative will have all your rights and duties under this policy.(1) "Bodily injury" or "personal and advertising injury": 3. Any organization you newly acquire or form, other than a partnership, joint venture or(a) To you, to your partners or limited liability company, and over which youmembers (if you are a partnership maintain ownership or majority interest, willor joint venture), to your members qualify as a Named Insured if there is no other(if you are a limited liability similar insurance available to thatcompany), or to a co-"employee" organization.while in the course of his or her employment or performing duties HOWEVER: related to the conduct of your a. Coverage under this provision is afforded business, or to your other only until the 90th day after you acquire “volunteer workers” while or form the organization or the end of the performing duties related to the policy period, whichever is earlier; conduct of your business; b. COVERAGE A does not apply to "bodily (b) To the spouse, child, parent, injury" or "property damage" that occurred brother or sister of that co- before you acquired or formed the "employee" or “volunteer worker” organization; and as a consequence of Paragraph c. COVERAGE B does not apply to(1)(a) above; "personal and advertising injury" arising (c) For which there is any obligation out of an offense committed before you to share damages with or repay acquired or formed the organization. someone else who must pay 4. No person or organization is an insured withdamages because of the injury respect to the conduct of any current or pastdescribed in Paragraphs (1)(a) or partnership, joint venture or limited liability(b) above; or company that is not shown as a Named (d) Arising out of his or her providing Insured in the Declarations. or failing to provide professional health care services. PB 00 06 04 11 Page 15 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03620 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 267 of 384 PB 00 06 04 11 only with respect to liability for “bodily5. Automatic Additional Insureds injury”, “property damage” or “personal Any of the following persons or organizations and advertising injury” caused, in whole are automatically insureds when you and or in part, by your maintenance, operation such person or organization have agreed in a or use of the equipment leased to you by written contract or agreement that such that person or organization, subject to the person or organization be added as an following additional exclusion: additional insured on your policy providing This insurance, including any duty wegeneral liability coverage. have to defend "suits", does not apply to a. Co-Owners of Insured Premises "bodily injury" or "property damage" Any person or organization with whom arising out of, in whole or in part, or results you co-own a premises insured under this from, in whole of in part, the active policy is an additional insured, but only negligence of such person or with respect to their liability as the co- organization. owner of such premises. HOWEVER, their status as additional HOWEVER, their status as additional insured under this policy ends when their insured under this policy ends when you contract or agreement with you for such cease to co-own such premises with that leased equipment ends. person or organization. e. Managers or Lessors of Leased b. Controlling Interest Premises Any person or organization that has a Any person or organization from whom controlling interest in you is an additional you lease premises is an additional insured, but only with respect to liability insured, but only with respect to their arising out of: liability arising out of your use of that part of the premises leased to you, subject to(1) Their financial control of you; or the following additional exclusion:(2) Their ownership, maintenance or This insurance, including any duty wecontrol of premises you lease or have to defend "suits", does not apply tooccupy; structural alterations, new construction orsubject to the following additional demolition operations performed by or forexclusion: such person or organization. This insurance, including any duty we HOWEVER, their status as additionalhave to defend "suits", does not apply to insured under this policy ends when youstructural alterations, new construction or cease to be a tenant of such premises.demolition operations performed by or for f. Mortgagee, Assignee or Receiversuch person or organization. HOWEVER, their status as additional Any person or organization who has insured under this policy ends when they status as mortgagee, assignee or receiver of your property is an additionalcease to have such controlling interest in you. insured, but only with respect to their liability as mortgagee, assignee orc. Grantor of Franchise or License receiver arising out of your ownership, Any person or organization that has maintenance, or use of such premises, granted you a franchise or license by subject to the following additional written contract or agreement is an exclusion: additional insured, but only with respect This insurance, including any duty weto their liability as the grantor of a have to defend "suits", does not apply tofranchise or license to you. structural alterations, new construction or HOWEVER, their status as additional demolition operations performed by or for insured under this policy ends when their such person or organization. contract or agreement with you granting HOWEVER, their status as additionalthe franchise or license ends. insured under this policy ends when their d. Lessors of Leased Equipment status as mortgagee, assignee or Any person or organization from whom receiver ends. you lease equipment by written contract or agreement is an additional insured, but Page 16 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03621 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 268 of 384 PB 00 06 04 11 g. Owners or Other Interest from Whom b. Damages under COVERAGE A, except Land has been Leased damages because of "bodily injury" or "property damage" included in theAny person or organization from whom you "products-completed operations hazard";lease premises is an additional insured, but andonly with respect to their liability arising out of your maintenance or use of that part of c. Damages under COVERAGE B. the land leased to you, subject to the The General Aggregate Limit applies following additional exclusion: separately to each of your described This insurance, including any duty we premises. For the purposes of this provision, have to defend "suits", does not apply to premises means involving the same or structural alterations, new construction or connecting lots, or premises whose demolition operations performed by or for connection is interrupted only by a public such person or organization. street, roadway or waterway, or railroad right- of-way.HOWEVER, their status as additional insured under this policy ends when you 3. Products-Completed Operations cease to lease that land. Aggregate Limit of Insurance h. The Products-Completed OperationsState or Political Subdivisions - Permits Relating to Premises Aggregate Limit is the most we will pay under COVERAGE A for damages because ofAny state or political subdivision which "bodily injury" and "property damage"has issued a permit in connection with included in the "products-completedpremises insured by this policy which you operations hazard".own, rent, or control is an additional insured, but only with respect to the 4. Personal and Advertising Injury Limit of following hazards: Insurance (1) The existence, maintenance, repair, Subject to paragraph 2. above, the Personal construction, erection, or removal of and Advertising Injury Limit is the most we will advertising signs, awnings, canopies, pay under COVERAGE B for the sum of all cellar entrances, coal holes, damages because of all "personal and driveways, manholes, marquees, advertising injury" sustained by any one hoistaway openings, sidewalk vaults, person or organization. street banners, or decoration and 5. Each Occurrence Limit of Insurance similar exposures; Subject to paragraph 2. or 3. above, (2) The construction, erection, or whichever applies, the Each Occurrence Limit removal of elevators; or is the most we will pay for the sum of: (3) The ownership, maintenance, or use a. Damages under COVERAGE A; and of any elevators covered by this b. Medical expenses under COVERAGE Cinsurance. because of all "bodily injury" and "propertyHOWEVER, their status as additional damage" arising out of any one "occurrence".insured under this policy ends when the 6. Tenants Property Damage Legal Liabilitypermit ends. Limit of Insurance III. LIMITS OF INSURANCE AND DEDUCTIBLE Subject to paragraph 5. above, the Tenants 1. The Limits of Insurance shown in the Property Damage Legal Liability Limit is the Declarations and the rules below fix the most most we will pay under COVERAGE A for we will pay regardless of the number of: damages because of all "property damage" to a. Insureds; premises, while rented to you or temporarily occupied by you with permission of theb. Claims made or "suits" brought; or owner, arising out of any one “occurrence”.c. Persons or organizations making claims 7. Medical Payments Limit of Insuranceor bringing "suits". Subject to paragraph 5. above, the Medical2. General Aggregate Limit of Insurance Payments Limit is the most we will pay under(Other than Products-Completed Operations) COVERAGE C for all medical expensesThe General Aggregate Limit is the most we because of "bodily injury" sustained by anywill pay for the sum of: one person. a. Medical expenses under COVERAGE C; PB 00 06 04 11 Page 17 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03622 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 269 of 384 PB 00 06 04 11 8. The Limits of Insurance of this policy apply b. If a claim is made or "suit" is brought separately to each consecutive annual period against any insured, you must: and to any remaining period of less than 12 (1) Immediately record the specifics of months, starting with the beginning of the policy the claim or "suit" and the date period shown in the Declarations, unless the received; and policy period is extended after issuance for an (2) Notify us as soon as practicable.additional period of less than 12 months. In that You must see to it that we receive writtencase, the additional period will be deemed part notice of the claim or "suit" as soon asof the last preceding period for purposes of practicable.determining the Limits of Insurance. c. You and any other involved insured must:9. Property Damage Deductible (1) Immediately send us copies of anyIf a deductible amount is shown in the Liability demands, notices, summonses orDeclarations, the following provisions apply: legal papers received in connectiona. If a deductible amount for Property Damage with the claim or "suit";is shown in the Liability Declarations, any (2) Authorize us to obtain records andobligation by us under this policy to pay other information;sums on your behalf because of “property damage”, applies only to sums in excess of (3) Cooperate with us in the investigation the deductible amount shown in the or settlement of the claim or defense Declarations for any one “occurrence”. against the "suit"; b. If a deductible amount for Car Wash (4) Assist us, upon our request, in the Property Damage is shown in the Liability enforcement of any right against any Declarations, any obligation by us under this person or organization that may be policy to pay sums on your behalf because liable to the insured because of injury of “property damage”, applies only to sums or damage to which this insurance in excess of the deductible amount shown in may also apply; and the Declarations for any one claim. (5) Agree to be examined under oath, c. If we pay all or any part of a deductible to while not in the presence of any other settle any claim or “suit”, upon notification insured and at such times as may be of such payment by us, you shall reasonably required, about any promptly reimburse us for the amount of matter relating to this insurance or the deductible that has been paid by us. the claim or "suit". At our option and expense, any examination under oath IV. LIABILITY CONDITIONS may be video or audio taped as well The following conditions apply in addition to the as being recorded by stenographic COMMON POLICY CONDITIONS. record. In the event of an examination, an insured's answers1. Bankruptcy must be signed. Bankruptcy or insolvency of the insured or of d. No insured will, except at that insured’sthe insured's estate will not relieve us of our own cost, voluntarily make a payment,obligations under this policy. assume any obligation, or incur any 2. Duties In The Event Of Occurrence, expense, other than for first aid, without Offense, Claim Or Suit our consent. a. You and any insured must see to it that 3. Legal Action Against Us we are notified as soon as practicable of No person or organization has a right underan "occurrence" or an offense that may this policy:result in a claim. To the extent possible, a. To join us as a party or otherwise bring usnotice should include: into a "suit" asking for damages from an(1) How, when and where the insured; or"occurrence" or offense took place; b. To sue us on this policy unless all of its(2) The names and addresses of any terms have been fully complied with.injured persons and witnesses; and A person or organization may sue us to(3) The nature and location of any injury recover on an agreed settlement or on a finalor damage arising out of the judgment against an insured; but we will not"occurrence" or offense. Page 18 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03623 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 270 of 384 PB 00 06 04 11 be liable for damages that are not payable 4. means:"Coverage territory" under the terms of this policy or that are in a. The United States of America (including excess of the applicable limit of insurance. An its territories and possessions), Puerto agreed settlement means a settlement and Rico and Canada; release of liability signed by us, the insured b. International waters or airspace, but onlyand the claimant or the claimant's legal if the injury or damage occurs in therepresentative. course of travel or transportation between 4. Separation Of Insureds any places included in paragraph a. Except with respect to the Limits of above; or Insurance, and any rights or duties c. All other parts of the world if the injury or specifically assigned in this policy to the first damage arises out of: Named Insured, this insurance applies: (1) Goods or products made or sold by a. As if each Named Insured were the only you in the territory described in Named Insured; and paragraph a. above; or b. Separately to each insured against whom (2) The activities of a person whose claim is made or "suit" is brought. home is in the territory described in paragraph a. above, but is away for aV. DEFINITIONS short time on your business; or The terms “you”, “your”, “we”, “us”, “our” and (3) “Personal and advertising injury” “insured” are defined in the Preamble of this offenses that take place through the Coverage Form. The following words or phrases, Internet or similar electronic means of which appear in quotation marks throughout this communication; Coverage Form and any of its endorsements, are provided the insured's responsibility to paydefined as follows: damages is determined in a "suit" on the 1. means a notice that is"Advertisement" merits, in the territory described in paragraph broadcast or published to the general public a. above or in a settlement we agree to. or specific market segments about your 5. includes a "leased worker"."Employee"goods, products or services for the purpose of "Employee" does not include a "temporaryattracting customers or supporters. For the worker".purposes of this definition: 6. means a person holding"Executive officer"a. Notices that are published include any of the officer positions created by yourmaterial placed on the Internet or on charter, constitution, by-laws or any othersimilar electronic means of similar governing document.communication; and 7. means one which becomes"Hostile fire"b. Regarding websites, only that part of a uncontrollable or breaks out from where itweb-site that is about your goods, was intended to be.products or services for the purposes of attracting customers or supporters is 8. means tangible"Impaired property" considered an advertisement. property, other than "your product" or "your work", that cannot be used or is less useful2. means:"Auto" because:a. A land motor vehicle, trailer or semitrailer a. It incorporates "your product" or "yourdesigned for travel on public roads, work" that is known or thought to beincluding any attached machinery or defective, deficient, inadequate orequipment; or dangerous; orb. Any other land vehicle that is subject to a b. You have failed to fulfill the terms of acompulsory or financial responsibility law contract or agreement;or other motor vehicle insurance or motor vehicle registration law where it is if such property can be restored to use by: licensed or principally garaged. a. The repair, replacement, adjustment or HOWEVER, "auto" does not include "mobile removal of "your product" or "your work"; or equipment". b. Your fulfilling the terms of the contract or 3. means bodily injury, sickness"Bodily injury" agreement. or disease sustained by a person, including death resulting from any of these at any time. PB 00 06 04 11 Page 19 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03624 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 271 of 384 PB 00 06 04 11 10. means a person leased to"Leased worker"9. means:"Insured contract" you by a labor leasing firm under ana. A contract for a lease of premises. agreement between you and the labor leasing HOWEVER, that portion of the contract for a firm, to perform duties related to the conduct lease of premises that indemnifies any of your business. "Leased worker" does not person or organization for damage by fire to include a "temporary worker". premises while rented to you or temporarily 11. means the handling"Loading or unloading"occupied by you with permission of the of property:owner is not an "insured contract"; a. After it is moved from the place where it isb. A sidetrack agreement; accepted for movement into or onto an c. Any easement or license agreement, except aircraft, watercraft or "auto"; in connection with construction or demolition b. While it is in or on an aircraft, watercraftoperations on or within 50 feet of a railroad; or "auto"; ord. An obligation, as required by ordinance, c. While it is being moved from an aircraft,to indemnify a municipality, except in watercraft or "auto" to the place where itconnection with work for a municipality; is finally delivered;e. An elevator maintenance agreement; but "loading or unloading" does not includef. That part of any other contract or agreement the movement of property by means of apertaining to your business (including an mechanical device, other than a hand truck,indemnification of a municipality in that is not attached to the aircraft, watercraftconnection with work performed for a or "auto".municipality) under which you assume the 12. means any of the"Mobile equipment"tort liability of another party to pay for "bodily following types of land vehicles, including anyinjury" or "property damage" to a third attached machinery or equipment:person or organization. Tort liability means a liability that would be imposed by law in the a. Bulldozers, forklifts, farm machinery, farm absence of any contract or agreement. implements and other vehicles designed for use or used principally off publicParagraph f. does not include that part of roads. This includes motorized golf carts,any contract or agreement: snowmobiles, and other land vehicles(1) That indemnifies a railroad for "bodily designed for recreational use;injury" or "property damage" arising out of construction or demolition b. Vehicles maintained for use solely on or operations, within 50 feet of any next to premises you own or rent; railroad property and affecting any c. Vehicles, other than snowmobiles, that railroad bridge or trestle, tracks, road- travel on crawler treads; beds, tunnel, underpass or crossing; d. Vehicles, whether self-propelled or not, (2) That indemnifies an architect, maintained primarily to provide mobility to engineer or surveyor for injury or permanently mounted: damage arising out of: (1) Power cranes, shovels, loaders, (a) Preparing, approving, or failing to diggers or drills; or prepare or approve, maps, shop (2) Road construction or resurfacingdrawings, opinions, reports, equipment such as graders, scraperssurveys, field orders, change orders or rollers;or drawings and specifications; or e. Vehicles not described in paragraphs a.,(b) Giving directions or instructions, b., c. or d. above that are not self-or failing to give them, if that is propelled and are maintained primarily tothe primary cause of the injury or provide mobility to permanently attacheddamage; or equipment of the following types: (3) Under which the insured, if an architect, (1) Air compressors, pumps andengineer or surveyor, assumes liability generators, including spraying,for an injury or damage arising out of the welding, building cleaning,insured's rendering or failure to render geophysical exploration, lighting andprofessional services, including those well servicing equipment; orlisted in paragraph (2) above and (2) Cherry pickers and similar devicessupervisory, inspection, architectural or used to raise or lower workers;engineering activities. Page 20 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03625 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 272 of 384 PB 00 06 04 11 f. Vehicles not described in paragraphs a., f. The use of another's advertising idea in b., c. or d. above maintained primarily for your "advertisement"; or purposes other than the transportation of g. Infringing upon another's copyright, trade persons or cargo. dress or slogan in your "advertisement". HOWEVER, self-propelled vehicles with 15. mean any solid, liquid, gaseous"Pollutants" the following types of permanently or thermal irritant or contaminant, including attached equipment are not "mobile but not limited to smoke, vapor, soot, fumes, equipment" but will be considered "autos": acids, alkalis, petroleum products and their (1) Equipment designed primarily for: derivatives, chemicals and waste. Such irritants or contaminants are “pollutants”(a) Snow removal; whether or not they have any function in your(b) Road maintenance, but not business, operations, premises, sites orconstruction or resurfacing; or locations. (c) Street cleaning; Waste includes but is not limited to materials (2) Air compressors, pumps and to be recycled, reconditioned or reclaimed and generators, including spraying, livestock, poultry or other animal excrement. welding, building cleaning, 16. :"Products-completed operations hazard"geophysical exploration, lighting and a. Includes all "bodily injury" and "propertywell servicing equipment; and damage" occurring away from premises(3) Cherry pickers and similar devices you own or rent and arising out of "yourmounted on automobile or truck chassis product" or "your work" except:and used to raise or lower workers. (1) Products that are still in your physicalHOWEVER, “mobile equipment” does not possession; orinclude land vehicles that are subject to a (2) Work that has not yet beencompulsory or financial responsibility law or completed or abandoned.other motor vehicle insurance or motor vehicle registration law where they are HOWEVER, "your work" will be licensed or principally garaged. Land vehicles deemed completed at the earliest of subject to a compulsory or financial the following times: responsibility law or other motor vehicle (a) When all of the work called for in insurance law or motor vehicle registration your contract has been law are considered “autos”. completed. 13. means an accident, including"Occurrence" (b) When all of the work to be done at continuous or repeated exposure to substantially the job site has been completed if the same general harmful conditions. your contract calls for work at 14. means"Personal and advertising injury" more than one job site. injury, including consequential "bodily injury", (c) When that part of the work done arising out of one or more of the following at a job site has been put to its offenses: intended use by any person or a. False arrest, detention or imprisonment; organization other than another contractor or subcontractorb. Malicious prosecution; working on the same project.c. The wrongful eviction from, wrongful entry Work that may need service,into, or invasion of the right of private maintenance, correction, repair oroccupancy of a room, dwelling or replacement, but which is otherwisepremises that a person occupies, complete, will be treated as completed.committed by or on behalf of its owner, landlord or lessor; HOWEVER, if your business includes the selling, handling or distribution of “yourd. Oral or written publication, in any manner, product” for consumption on premisesof material that slanders or libels a person you own or rent, all “bodily injury” andor organization or disparages a person's or “property damage” that arises out of “yourorganization's goods, products or services; products” is included if the “bodily injury”e. Oral or written publication, in any manner, or “property damage” occurs after you of material that violates a person's right of have relinquished possession of those privacy; products. PB 00 06 04 11 Page 21 of 22Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03626 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 273 of 384 PB 00 06 04 11 b. Does not include "bodily injury" or 20. means a person who is“Volunteer worker” "property damage" arising out of: not your “employee”, and who donates his or her work and acts at the direction of and(1) The transportation of property, unless within the scope of duties determined by you,the injury or damage arises out of a and is not paid a fee, salary or othercondition in or on a vehicle not owned compensation by you or anyone else for theiror operated by you, and that condition work performed for you.was created by the "loading or unloading" of that vehicle by any 21. "Your product": insured; or a. Means: (2) The existence of tools, uninstalled (1) Any goods or products, other than equipment or abandoned or unused real property, manufactured, sold, materials. handled, distributed or disposed of 17. means:"Property damage" by: a. Physical injury to tangible property, (a) You; including all resulting loss of use of that (b) Others trading under your name; or property. All such loss of use shall be (c) A person or organization whosedeemed to occur at the time of the business or assets you havephysical injury that caused it; or acquired; and b. Loss of use of tangible property that is not (2) Containers (other than vehicles),physically injured. All such loss of use materials, parts or equipmentshall be deemed to occur at the time of furnished in connection with suchthe "occurrence" that caused it. goods or products. For the purposes of this insurance, electronic b. Includes:data is not tangible property. (1) Warranties or representations madeAs used in this definition, electronic data at any time with respect to the fitness,means information, facts or programs stored quality, durability, performance or useas, created or used on, or transmitted to or of "your product"; andfrom computer software, including systems (2) The providing of or failure to provideand applications software, hard or floppy warnings or instructions.disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which c. Does not include vending machines or are used with electronically controlled other property rented to or located for the equipment. use of others but not sold. 18. means a civil proceeding in which"Suit" 22. :"Your work" damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" (1) Work or operations performed by youto which this insurance applies are alleged. or on your behalf; and"Suit" includes: (2) Materials, parts or equipmenta. An arbitration proceeding in which such furnished in connection with suchdamages are claimed and to which the work or operations.insured must submit or does submit with b. Includes:our consent; or (1) Warranties or representations madeb. Any other alternative dispute resolution at any time with respect to the fitness,proceeding in which such damages are quality, durability, performance or useclaimed and to which the insured submits of "your work"; andwith our consent. (2) The providing of or failure to provide19. means a person who is"Temporary worker" warnings or instructions.furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. Page 22 of 22 PB 00 06 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03627 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 274 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, INTERLINE (at your principal place of business) LI 00 21 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) All Coverage Parts included in this policy that provide Liability Coverage are subject to the following exclusion. A. This insurance does not apply: 1) Is at any "nuclear facility" owned by, or operated by or on behalf of, 1. Under any Liability Coverage, to "bodily in- an "insured"; or jury" or "property damage": 2) Has been discharged or dispersed a. With respect to which an insured under therefrom; the policy is also an insured under a b. The "nuclear material" is contained innuclear energy liability policy issued "spent fuel" or "waste" at any timeby Nuclear Energy Liability Insurance possessed, handled, used, processed,Association, Mutual Atomic Energy Li- stored, transported or disposed of, byability Underwriters, Nuclear Insurance or on behalf of an insured; orAssociation of Canada or any of their successors, or would be an insured c. The "bodily injury" or "property dam- under any such policy but for its termi- age" arises out of the furnishing by an nation upon exhaustion of its limit of insured of services, materials, parts or liability; or equipment in connection with the plan- ning, construction, maintenance, oper-b. Resulting from the "hazardous proper- ation or use of any "nuclear facility",ties" of "nuclear material" and with re- but if such facility is located within thespect to which: United States of America, its territories or possessions or Canada, this exclu-1) Any person or organization is re- sion c. applies only to "property dam-quired to maintain financial pro- age" to such "nuclear facility" and anytection pursuant to the Atomic property thereat.Energy Act of 1954, or any law amendatory thereof; or B. As used in this endorsement: 2) The insured is, or had this policy 1. includes radioac-"Hazardous properties" not been issued would be, entitled tive, toxic or explosive properties. to indemnity from the United States of America, or any agency 2. means "source mate-"Nuclear material" rial", "special nuclear material" or "by-thereof, under any agreement en- product material".tered into by the United States of America, or any agency thereof, 3. "Source material", "special nuclear mate-with any person or organization. rial", "by-product material"and have the meanings given them in the Atomic Energy2. Under any Medical Payments coverage, to Act of 1954 or in any law amendatoryexpenses incurred with respect to "bodily thereof.injury" resulting from the "hazardous prop- erties" of "nuclear material" and arising out 4. means any fuel element or fuel"Spent fuel" of the operation of a "nuclear facility" by component, solid or liquid, which has been any person or organization. used or exposed to radiation in a "nuclear reactor". 3. Under any Liability Coverage, to "bodily in- jury" or "property damage" resulting from 5. "Waste" means any waste material: "hazardous properties" of "nuclear mate- a. Containing "by-product material" otherrial", if: than the tailings or wastes produced a. The "nuclear material": by the extraction or concentration of LI 00 21 (01-01) Page 1 of 2 ACP BPR 3086553445 INSURED COPY 78 03628 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 275 of 384 LI 00 21 (01-01) uranium or thorium from any ore proc- "special nuclear material" if at any essed primarily for its "source mate- time the total amount of such material rial" content; and in the custody of the "insured" at the premises where such equipment or b. Resulting from the operation by any device is located consists of or con- person or organization of any "nuclear tains more than 25 grams of plutonium facility" included under the first two or uranium 233 or any combination paragraphs of the definition of "nuclear thereof, or more than 250 grams of facility". uranium 235; 6. means:"Nuclear facility" d. Any structure, basin, excavation, premises or place prepared or used fora. Any "nuclear reactor"; the storage or disposal of "waste"; b. Any equipment or device designed or and includes the site on which any of theused for: foregoing is located, all operations con- ducted on such site and all premises used1) Separating the isotopes of ura- for such operations.nium or plutonium; 7. means any apparatus"Nuclear reactor"2) Processing or utilizing "spent designed or used to sustain nuclear fissionfuel"; or in a self-supporting chain reaction or to 3) Handling, processing or packaging contain a critical mass of fissionable mate- "waste"; rial. c. Any equipment or device used for the 8. includes all forms of ra-"Property damage" processing, fabricating or alloying of dioactive contamination of property. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 LI 00 21 (01-01) Page 2 of 2 ACP BPR 3086553445 INSURED COPY 78 03629 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 276 of 384 LEGACY COURT, LLC 13625 CALIFORNIA ST STE 110 OMAHA NE 681545246 17602 WRIGHT ST OMAHA NE 681302097 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03630 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 277 of 384 EVC SLIDE LC 7208 SLIDE RD LUBBOCK TX 794242553 7208 SLIDE RD LUBBOCK TX 794242553 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03631 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 278 of 384 9121 EAST 71ST STREET HOLDINGS, LLC SEE FORM PB2500 1401 SOUTH BOULDER AVE STE 200 TULSA OK 741193649 9137 E 71ST ST, TULSA, OK 74133 AURORA CO 800140000 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03632 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 279 of 384 EVC WESTPORT LC 3501 SW FAIRLAWN RD # 300 TOPEKA KS 666143976 5836 SW 21ST ST TOPEKA KS 666044007 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03633 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 280 of 384 BUSINESSOWNERS PB 00 09 04 11 PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insureds shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. All coverages of this policy are subject to the following conditions. A. CANCELLATION (4) Fixed and salvageable items have been or are being removed from the1. The first Named Insured shown in the building and are not being replaced.Declarations may cancel this policy by mailing This does not apply to such removalor delivering to us advance written notice of that is necessary or incidental to anycancellation. renovation or remodeling. 2. We may cancel this policy by mailing or (5) Failure to:delivering to the first Named Insured written notice of cancellation at least: (a) Furnish necessary heat, water, sewer service or electricity for 30a. Five (5) days before the effective date of consecutive days or more, exceptcancellation if any one of the following during a period of seasonalconditions exists at any building that is unoccupancy; orCovered Property in this policy; (b) Pay property taxes that are owing(1) The building has been vacant or and have been outstanding forunoccupied 60 or more consecutive more than one year following thedays. This does not apply to: date due, except that this (a) Seasonal unoccupancy; or provision will not apply where you (b) Buildings in the course of are in a bona fide dispute with the construction, renovation or taxing authority regarding addition. payment of such taxes. Buildings with 65% or more of the b. Ten (10) days before the effective date of rental units or floor area vacant or cancellation if we cancel for nonpayment unoccupied are considered of premium. unoccupied under this provision. c. Thirty (30) days before the effective date (2) After damage by a Covered Cause of of cancellation if we cancel for any other Loss, permanent repairs to the reason. building: 3. We will mail or deliver our notice to the first (a) Have not started, and Named Insured's last mailing address known to us.(b) Have not been contracted for, 4. Notice of cancellation will state the effectivewithin 30 days of initial payment of date of cancellation. The policy period willloss. end on that date.(3) The building has: 5. If this policy is cancelled, we will send the first(a) An outstanding order to vacate; Named Insured any premium refund due. If (b) An outstanding demolition order; we cancel, the refund will be pro rata. If the or first Named Insured cancels, the refund may (c) Been declared unsafe by be less than pro rata. The cancellation will be governmental authority. effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. PB 00 09 04 11 Page 1 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03634 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 281 of 384 PB 00 09 04 11 B. CHANGES 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory,1. This policy contains all the agreements rate service or similar organization whichbetween you and us concerning the makes insurance inspections, surveys,insurance afforded. reports or recommendations. 2. The first Named Insured shown in the 4. Paragraph 2. of this condition does not applyDeclarations is authorized to make changes to any inspections, surveys, reports orin the terms of this policy with our consent. recommendations we may make relative to 3. This policy's terms can be amended or certification, under state or municipal statutes, waived only by endorsement issued by us ordinances or regulations, of boilers, pressure and made a part of this policy. vessels or elevators. C. CONCEALMENT, MISREPRESENTATION OR F. INSURANCE UNDER TWO OR MORE FRAUD COVERAGES OF THIS POLICY 1. This policy is void in its entirety in any case of If two or more of this policy's coverages apply to fraud, at any time, by you or your the same injury, loss or damage, we will not pay representative as it relates to this policy. more than the actual amount of the injury, loss or 2. This policy is also void if you, your authorized damage, up to the highest applicable Limit of representative or any other insured, at any Insurance under any one coverage. time, conceal or misrepresent any material G. LIBERALIZATION fact, or violate any material warranty, If we adopt any revision that would broaden theconcerning: coverage under this policy without additional a. This policy, including your application for premium within 60 days prior to or during the this policy; policy period, the broadened coverage will b. The Covered Property; immediately apply to this policy. c. Your interest in the Covered Property; or H. OTHER INSURANCE d. A claim under this policy. 1. Under any property coverage provided by this 3. We also have the right to rescind this policy policy, if there is other insurance covering the based upon any other grounds provided by law. same loss or damage, we will pay only for the amount of covered loss or damage in excessD. EXAMINATION OF YOUR BOOKS AND of the amount due from that other insurance,RECORDS whether you can collect on it or not. But we We may examine and audit your books and will not pay more than the applicable Limit of records as they relate to this policy or to any claim Insurance. arising under this policy at any time during the 2. Under any liability coverage provided by thispolicy period and up to three years afterward. policy, E. INSPECTIONS AND SURVEYS a. If, for injury or loss we cover, there is 1. We have the right to: other valid and collectible insurance a. Make inspections and surveys at any available to any insured under another time; policy: b. Give you reports on the conditions we (1) Issued by another insurer, or if there find; and is self insurance or similar risk retention that applies to a lossc. Recommend changes. covered by this policy, then this2. We are not obligated to make any inspections, insurance provided by us shall besurveys, reports or recommendations and any excess over such other insurance; orsuch actions we do undertake relate only to (2) Issued by us or any of our affiliateinsurability and the premiums to be charged. companies, that applies to a lossWe do not make safety inspections. We do not covered by this policy, then only theundertake to perform the duty of any person or highest applicable Limit of Insuranceorganization to provide for the health or safety shall apply to such loss. Thisof workers or the public. And we do not condition does not apply to any policywarrant that conditions: issued by us that is designed toa. Are safe or healthful; or provide Excess or Umbrella liability b. Comply with laws, regulations, codes or insurance. standards. Page 2 of 4 PB 00 09 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03635 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 282 of 384 PB 00 09 04 11 b. This insurance, if applicable, is also If any of the other insurance does not excess, whether that other insurance is permit contribution by equal shares, we primary, excess, contingent or provided will contribute by limits. Under this on any other basis: method, each insurer's share is based on the ratio of its applicable limit of insurance(1) Over any applicable property insurance to the total applicable limits of insuranceor other insurance that insures for of all insurers.direct physical loss or damage; I. PREMIUMS(2) Over any valid and collectible insurance available to you covering 1. The first Named Insured shown in the liability for damages arising out of the Declarations: premises or operations for which you a. Is responsible for the payment of all have been added as an additional premiums; and insured by attachment of an b. Will be the payee for any return premiumsendorsement; or we pay. (3) If the loss arises out of the 2. The premium shown in the Declarations wasmaintenance or use of aircraft, computed based on rates in effect at the time"autos" or watercraft to the extent not the policy was issued. On each renewal ofsubject to Exclusion g. under Section this policy, we will compute the premium inI. COVERAGES, COVERAGE A – accordance with our rates and rules then inBODILY INJURY AND PROPERTY effect.DAMAGE LIABILITY of the Liability 3. Undeclared exposures or changes in yourCoverage Form. business operation and acquisition or use ofc. When this insurance is excess, we will locations may occur during the policy periodhave no duty under the liability coverage that are not shown in the Declarations. If so,provided by this policy to defend any we may require an additional premium. Thatinsured against any claim or "suit" that premium will be determined in accordanceany other insurer has a duty to defend. If with our rates and rules in effect at theno other insurer defends, we will inception of such policy.undertake to do so, but we will be entitled J. PREMIUM AUDITto any insured's rights against all those other insurers. 1. We have the right but are not obligated to audit this policy. The first Named InsuredWhen this insurance is excess over other must keep records of the information we needinsurance, we will pay only our share of for premium computation, and send us copiesthe amount of the loss, if any, that of those records at such times as we mayexceeds the sum of: request.(1) The total amount that all such other 2. If we do audit your policy, at the close of thatinsurance would pay for the loss in audit period, we will compute the earnedthe absence of this insurance; and premium for that period and the final premium(2) The total of all deductible and self- due based upon your actual exposures.insured amounts under all that other 3. We will send notice to the first Named Insuredinsurance. after the audit has been completed. The dueWe will share the remaining loss, if any, date for audit and retrospective premiums iswith any other insurance that is not the date shown as the due date on the bill. Ifdescribed in this provision and was not the sum of the advance and audit premiumsbought specifically to apply in excess of paid for the policy period is greater than thethe Limits of Insurance shown in the earned premium, we will return the excess toDeclarations of this policy. the first Named Insured. d. 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. PB 00 09 04 11 Page 3 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03636 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 283 of 384 PB 00 09 04 11 K. TRANSFER OF RIGHTS OF RECOVERY 2. Applicable to Businessowners Liability AGAINST OTHERS TO US Coverage: 1. Applicable to Businessowners Property If the insured has rights to recover all or part of any payment we have made under thisCoverage: policy, those rights are transferred to us. TheIf any person or organization to or for whom insured must do nothing after loss to impairwe make payment under this policy has rights them. At our request, the insured will bringto recover damages from another, those "suit" or transfer those rights to us and helprights are transferred to us to the extent of our us enforce them. This condition does notpayment. That person or organization must apply to Medical Payments Coverage.do everything necessary to secure our rights HOWEVER, in the event of any paymentand must do nothing after loss to impair them. under this policy, we waive our right ofBut you may waive your rights against another party in writing: recovery or subrogation against any person or organization with respect to which youa. Prior to a loss to your Covered Property. have waived your right of recovery or b. After a loss to your Covered Property only subrogation in writing and prior to a loss. if, at time of loss, that party is one of the L. TRANSFER OF YOUR RIGHTS AND DUTIESfollowing: UNDER THIS POLICY (1) Someone insured by this insurance; 1. Your rights and duties under this policy may (2) A business firm: not be transferred without our written consent (a) Owned or controlled by you; or except in the case of death of an individual (b) That owns or controls you; or Named Insured. 2. If you die, your rights and duties will be(3) Your tenant, but only with our written transferred to your legal representative butconsent. only while acting within the scope of duties asYou may also accept the usual bills of lading your legal representative. Until your legalor shipping receipts limiting the liability of representative is appointed, anyone havingcarriers. proper temporary custody of your property will This will not restrict your insurance. have your rights and duties but only with respect to that property. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 PB 00 09 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03637 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 284 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 04 12 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medical expenses arising out of the ownership, maintenance or use of those premises that are shown in the Declarations, and your operations necessary or incidental to those premises. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1985 PB 04 12 (01-01) ACP BPR 3086553445 INSURED COPY 78 03638 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 285 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 04 15 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPOILAGE FROM POWER OUTAGE This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM When the Declarations state that Spoilage from power, either on or off premises described, Power Outage applies at a premises described in due to conditions beyond your control. the Declarations, the following is added to Section A. COVERAGES under 5. ADDITIONAL COVERAGES: HOWEVER, "power outage" does not in- clude interruption of electrical power A. ADDITIONAL COVERAGE - Spoilage from Power caused by or resulting from an "accident" Outage to "covered equipment" under the Equip- ment Breakdown Additional Coverage. We will pay for loss of or damage to "perishable stock" at the designated premises caused by C. ADDITIONAL EXCLUSIONS. "power outage" if the "perishable stock" is: The following additional exclusions apply to this 1. Owned by you and used in your business; Additional Coverage: or We will not pay for loss or damage caused by2. Owned by others and in your care, custody or resulting from:or control. However, such property is not covered for more than the amount for which 1. The disconnection of any refrigerating, you are legally liable, plus the cost of labor, cooling or humidity control system from the materials or services furnished or arranged source of power. by you on that property. 2. The deactivation of electrical power caused HOWEVER, "perishable stock" does not include: by the manipulation of any switch or other device used to control the flow of electrical1) Property located on buildings; or power or current. 2) Property located in the open. 3. The inability of an electrical utility company or other power source to provide sufficientB. ADDITIONAL DEFINITIONS power due to lack of fuel or governmental 1. means property main-"Perishable Stock" order. tained under controlled temperature or hu- 4. The inability of a power source at the de-midity conditions for preservation and is scribed premises to provide sufficientsusceptible to loss or damage if the con- power due to lack of generating capacity totrolled temperature or humidity conditions meet demand.change. 2. means change in the tem- D. This Spoilage from Power Outage Additional"Power Outage" perature or humidity resulting from com- Coverage is excess over any other valid and plete or partial interruption of electrical collectible insurance. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 PB 04 15 (01-01) ACP BPR 3086553445 INSURED COPY 78 03639 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 286 of 384 BUSINESSOWNERS PB 04 30 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROTECTIVE SAFEGUARDS This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM NOTICE YOU RISK THE LOSS OF CERTAIN INSURANCE COVERAGE AT PREMISES DESIGNATED IN THE DECLARATIONS IF YOU FAIL TO MAINTAIN ANY OF THE APPLICABLE PROTECTIVE SAFEGUARDS, LISTED BY SYMBOL IN THE DECLARATIONS FOR EACH PREMISES. Our requirement that you maintain the protective safeguard is in consideration of a premium reduction. If you do not wish to commit to the requirements expressed in this endorsement, at our option, your insurance may be continued. However, the credit for such protection would not be applied. Your acceptance of this policy in the payment of premium when due constitutes your understanding and acknowledgement that you risk the loss of certain insurance at the premises designated if you fail to maintain the protective safeguard and your acceptance and agreement with the terms of this endorsement. SCHEDULE Prem. / Bldg. No. Description of P-9 Protective Safeguard: BURGLAR ALARM CENTRAL STATION U.L. LISTED LOCATIONS 1-1 THROUGH 25-1 A. As a condition of this insurance,CONDITION. c. Add or modify any cooking equipment you are required to maintain the applicable and operate it prior to adding or protective devices or services for fire, denoted by extending any Fire Suppression System symbols P-1, P-2, P-3, P-4, P-5, P-8, or P-9; or that is required by code to protect it. for burglary and robbery, denoted by symbols P-6 If part of an Automatic Sprinkler System is or P-7), as designated at each premises by shut off due to breakage, leakage, freezing symbol in the Declarations. conditions or opening of sprinkler heads, B. Under Section B. EXCLUSIONS,EXCLUSIONS. notification to us will not be necessary if you can restore full protection within 48 hours.the following exclusions are added: 2. BURGLARY AND ROBBERY1. FIRE PROTECTIVE SAFEGUARDS PROTECTIVE SAFEGUARDSWe will not pay for loss or damages caused by or resulting from fire if, prior to the fire, you: We will not pay for loss or damage caused by or resulting from theft if, prior to the theft, you:a. Knew or should have known of any suspension or impairment in any a. Knew or should have known of any protective safeguard as designated at suspension or impairment in any each premises by symbol in the protective safeguard designated at each Declarations and failed to notify us of premises by symbol in the Declarations that fact; or and failed to notify us of that fact; or b. Failed to maintain any protective b. Failed to maintain any protective safeguard as designated at each safeguard designated at each premises premises by symbol in the Declarations by symbol in the Declarations and over and over which you have control, in which you had control, in complete complete working order; or working order. PB 04 30 04 11 . Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03640 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 287 of 384 PB 04 30 04 11 C. The with a privately owned firePROTECTIVE SAFEGUARD SYMBOLS. "P-4" Service Contract protective safeguards to which this endorsement department providing fire protection service applies are identified in the Declarations by the to the described premises. following symbols: "P-5" WatchmanServicebasedon contractwith a "P-1" AutomaticSprinklerSystem, including privately owned security company providing related supervisory services. Automatic premises protection services to the Sprinkler System means: described premises. a. Any automatic fire protective or "P-6" Local Burglar Alarm protecting the entire extinguishing system, including building which in the event of an connected: unauthorized or attempted entry at the described premises, triggers a loud1) Sprinklers and discharge sounding gong or siren, or a visual device,nozzles; on the outside of the building.2) Ducts, pipes, valves and fittings; "P-7" CentralStationBurglarAlarmprotecting the3) Tanks, their component parts entire building which,in the event of anand supports; and unauthorized or attempted entry at the 4) Pumps and private fire described premises, will automatically protection mains. transmit an alarm signal to an outside b. When supplied from an automatic Central Station or police station. fire protective system: "P-8" Fire Suppression System, including 1) Nonautomatic fire protective related supervisory services. Fire systems; and Suppression System means any automatic fire protective or extinguishing system2) Hydrants, standpipes and designed to protect cooking equipment (i.e.outlets. cooking surfaces, deep fat fryers, grease "P-2" Automatic Fire Alarm, protecting the entire ducts and hoods) including connected: building, that is: a. Sprinklers and discharge nozzles;a. Connected to a central station; or b. Ducts, pipes, valves and fittings; and b. Reporting to a public or private fire c. Tanks, their component parts andalarm station. supports. "P-3" Security Service, with a recording system "P-9" The protective system described in theor watch clock, making hourly rounds Schedule of this endorsement.covering the entire building, when the premises are not in actual operation. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 PB 04 30 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03641 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 288 of 384 BUSINESSOWNERS PB 04 98 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS – MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM PREMIER BUSINESSOWNERS COMMON POLICY CONDITIONS Date, if any, shown in theA. The following is added to Section I. COVERAGES: Declarations nor after the end of the COVERAGE – EMPLOYEE BENEFITS LIABILITY policy period; and 1. INSURING AGREEMENT (3) A "claim" for damages, because of a. We will pay those sums that the insured an act, error or omission, is first becomes legally obligated to pay as made against any insured, in damages because of any act, error or accordance with paragraph c. omission, of the insured, or of any other below, during the policy period or an person for whose acts the insured is Extended Reporting Period we legally liable, to which this insurance provide under paragraph G. of this applies. We will have the right and duty endorsement. to defend the insured against any "suit" c. A "claim" seeking damages will be seeking those damages. deemed to have been made at the HOWEVER, we will have no duty to earlier of the following times: defend the insured against any "suit" (1) When notice of such "claim" is seeking damages to which this received and recorded by any insurance does not apply. We may, at insured or by us, whichever comes our discretion, investigate any report of first; or an act, error or omission and settle any (2) When we make settlement in"claim" or "suit" that may result. But: accordance with paragraph 1.a. (1) The amount we will pay for above. damages is limited as described in A "claim" received and recorded by theparagraph E. of this endorsement; insured within 365 days after the end ofand the policy period will be considered to (2) Our right and duty to defend ends have been received within the policy when we have used up the period, if no subsequent policy is applicable limit of insurance in the available to cover the claim. payment of judgments or d. All "claims" for damages made by ansettlements. "employee" because of any act, error or No other obligation or liability to pay omission, or a series of related acts, sums or perform acts or services is errors or omissions, including damages covered unless explicitly provided for claimed by such "employee's" under Supplementary Payments. dependents and beneficiaries, will be b. This insurance applies to damages only if: deemed to have been made at the time the first of those "claims" is made(1) The act, error or omission, is against any insured.negligently committed in the "administration" of your "employee benefit program"; (2) The act, error or omission, did not take place before the Retroactive PB 04 98 04 11 Page 1 of 6Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03642 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 289 of 384 PB 04 98 04 11 2. h.EXCLUSIONS Available Benefits This insurance, including any duty we have Any "claim" for benefits to the extent that to defend "claims", does not apply to: such benefits are available, with reasonable effort and cooperation of thea. Dishonest, Fraudulent, Criminal Or insured, from the applicable fundsMalicious Act accrued or other collectible insurance. Damages arising out of any intentional, i. Taxes, Fines Or Penaltiesdishonest, fraudulent, criminal or malicious act, error or omission, Taxes, fines or penalties, including committed by any insured, including the those imposed under the Internal willful or reckless violation of any statute. Revenue Code or any similar state or local law.b. Bodily Injury, Property Damage, Or Personal And Advertising Injury j. Employment-Related Practices "Bodily injury", "property damage" or Damages arising out of wrongful "personal and advertising injury". termination of employment, discrimination, or other employment-c. Failure To Perform A Contract related practices. Damages arising out of failure of B. For the purposes of the coverage provided byperformance of contract by any insurer. this endorsement: d. Insufficiency Of Funds 1. All references to SUPPLEMENTARY Damages arising out of an insufficiency PAYMENTS – COVERAGES A AND B are of funds to meet any obligations under replaced by SUPPLEMENTARY any plan included in the "employee PAYMENTS – COVERAGES A, B AND benefit program". EMPLOYEE BENEFITS LIABILITY. e. Inadequacy Of Performance Of 2. Paragraphs 1.b. and 2. of the Investment/Advice Given With SUPPLEMENTARY PAYMENTS provision Respect To Participation do not apply. Any "claim" based upon: C. For the purposes of the coverage provided by (1) Failure of any investment to perform; this endorsement, paragraphs 2. and 3. of Section II. WHO IS AN INSURED are replaced(2) Errors in providing information on by the following:past performance of investment vehicles; or 2. Each of the following is also an insured: (3) Advice given to any person with a. Each of your "employees" who is or was respect to that person's decision to authorized to administer your "employee participate or not to participate in benefit program". any plan included in the "employee b. Any persons, organizations or benefit program". "employees" having proper temporary f. Workers' Compensation And Similar authorization to administer your Laws "employee benefit program" if you die, but only until your legal representative isAny "claim" arising out of your failure to appointed.comply with the mandatory provisions of any workers' compensation, c. Your legal representative if you die, but unemployment compensation insurance, only with respect to duties as such. That social security or disability benefits law representative will have all your rights or any similar law. and duties under this Endorsement. g. ERISA 3. Any organization you newly acquire or form, other than a partnership, joint venture orDamages for which any insured is liable limited liability company, and over which youbecause of liability imposed on a maintain ownership or majority interest, willfiduciary by the Employee Retirement qualify as a Named Insured if no otherIncome Security Act of 1974, as now or similar insurance applies to thathereafter amended, or by any similar organization.federal, state or local laws. Page 2 of 6 PB 04 98 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03643 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 290 of 384 PB 04 98 04 11 the policy to which this endorsement isHOWEVER: attached, unless the policy period isa. Coverage under this provision is afforded extended after issuance for an additional only until the 90th day after you acquire period of less than 12 months. In that case,or form the organization or the end of the the additional period will be deemed part of policy period, whichever is earlier. the last preceding period for purposes of b. Coverage under this provision does not determining the Limits of Insurance. apply to any act, error or omission that 2. DEDUCTIBLEwas committed before you acquired or a. Our obligation to pay damages onformed the organization. behalf of the insured applies only to theD. For the purposes of the coverage provided by amount of damages in excess of thethis endorsement, Section III. LIMITS OF deductible amount stated in theINSURANCE AND DEDUCTIBLE is replaced by Declarations as applicable to Eachthe following: Employee. The limits of insurance shall 1. LIMITS OF INSURANCE not be reduced by the amount of this a. The Limits of Insurance shown in the deductible. Declarations and the rules below fix the b. The deductible amount stated in the most we will pay regardless of the Declarations applies to all damages number of: sustained by any one "employee", (1) Insureds; including such "employee's" dependents and beneficiaries, because of all acts,(2) "Claims" made or "suits" brought; errors or omissions to which this (3) Persons or organizations making insurance applies. "claims" or bringing "suits"; c. The terms of this insurance, including (4) Acts, errors or omissions; or those with respect to: (5) Benefits included in your "employee (1) Our right and duty to defend any benefit program". "suits" seeking those damages; and b. The Aggregate Limit is the most we will (2) Your duties, and the duties of any pay for all damages because of acts, other involved insured, in the event of errors or omissions negligently an act, error or omission, or "claim" committed in the "administration" or your apply irrespective of the application of"employee benefit program". the deductible amount. c. Subject to the Aggregate Limit, the Each d. We may pay any part or all of theEmployee Limit is the most we will pay for deductible amount to effect settlementall damages sustained by any one of any "claim" or "suit" and, upon"employee", including damages sustained notification of the action taken, you shallby such "employee's" dependents and promptly reimburse us for such part ofbeneficiaries, as a result of: the deductible amount as we have paid. (1) An act, error or omission; or E. For the purposes of the coverage provided by (2) A series of related acts, errors or this endorsement, Condition 2. of Section IV. omissions LIABILITY CONDITIONS is replaced by the negligently committed in the following: "administration" of your "employee 2. Duties In The Event Of An Act, Error Or benefit program". Omission, Or "Claim" Or "Suit" HOWEVER, the amount paid under this a. You must see to it that we are notified endorsement shall not exceed, and will as soon as practicable of an act, error or be subject to, the limits and restrictions omission that may result in a "claim". To that apply to the payment of benefits in the extent possible, notice shouldany plan included in the "employee include: benefit program". (1) What the act, error or omission was The Limits of Insurance of this endorsement and when it occurred; and apply separately to each consecutive annual (2) The names and addresses ofperiod and to any remaining period of less anyone who may suffer damages asthan 12 months, starting with the beginning of a result of the act, error or omission.the policy period shown in the Declarations of PB 04 98 04 11 Page 3 of 6Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03644 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 291 of 384 PB 04 98 04 11 b. If a "claim" is made or "suit" is brought to "claims" for acts, errors or omissions that against any insured, you must: were first committed before the end of the policy period but not before the Retroactive(1) Immediately record the specifics of Date, if any, shown in the Declaration. Oncethe "claim" or "suit" and the date in effect, the Extended Reporting Periodreceived; and may not be canceled. (2) Notify us as soon as practicable. 3. An Extended Reporting Period of unlimitedYou must see to it that we receive duration is available, but only by an written notice of the "claim" or "suit" as endorsement and for an extra charge.soon as practicable. You must give us a written request for the c. You and any other involved insured endorsement within 60 days after the end of must: the policy period. The Extended Reporting (1) Immediately send us copies of any Period will not go into effect unless you pay demands, notices, summonses or the additional premium promptly when due. legal papers received in connection We will determine the additional premium in with the "claim" or "suit"; accordance with our rules and rates. In (2) Authorize us to obtain records and doing so, we may take into account the other information; following: (3) Cooperate with us in the a. The "employee benefit programs" investigation or settlement of the insured; "claim" or defense against the "suit"; b. Previous types and amounts of and insurance; (4) Assist us, upon our request, in the c. Limits of insurance available under this enforcement of any right against any endorsement for future payment ofperson or organization that may be damages; and liable to the insured because of an d. Other related factors.act, error or omission to which this insurance may also apply. The additional premium will not exceed 200% of the annual premium for thisd. No insured will, except at that insured's endorsement.own cost, voluntarily make a payment, assume any obligation or incur any The Extended Reporting Period expense without our consent. endorsement applicable to this coverage shall set forth the terms, not inconsistentF. For the purposes of the coverage provided by with this Section, applicable to the Extendedthis endorsement, the following Extended Reporting Period, including a provision toReporting Period provisions are added, or, if this the effect that the insurance afforded forendorsement is attached to a claims-made "claims" first received during such period isCoverage Part, replaces any similar Section in excess over any other valid and collectiblethat Coverage Part: insurance available under policies in force EXTENDED REPORTING PERIOD after the Extended Reporting Period starts. 1. You will have the right to purchase an 4. If the Extended Reporting Period is in effect, Extended Reporting Period, as described we will provide an extended reporting period below, if: aggregate limit of insurance described below, a. This endorsement is canceled or not but only for claims first received and recorded renewed; or during the Extended Reporting Period. b. We renew or replace this endorsement The extended reporting period aggregate with insurance that: limit of insurance will be equal to the dollar amount shown in the Declaration under(1) Has a Retroactive Date later than Limits of Insurance.the date shown in the Declarations; or Paragraph E.1.b. of this endorsement will be amended accordingly. The Each Employee(2) Does not apply to an act, error or omission on a claims-made basis. Limit shown in the Declarations will then continue to apply as set forth in paragraph2. The Extended Reporting Period does not E.1.c.extend the policy period or change the scope of coverage provided. It applies only Page 4 of 6 PB 04 98 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03645 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 292 of 384 PB 04 98 04 11 G. For the purposes of the coverage provided by civil leave; tuition assistance plans; this endorsement, the following definitions are transportation and health club subsidies; added to Section V. DEFINITIONS: and 1. means: e. Any other similar benefits added thereto"Administration" by endorsement.a. Providing information to "employees", including their dependents and H. For the purposes of the coverage provided by beneficiaries, with respect to eligibility this endorsement, Definitions 5. and 18. in for or scope of "employee benefit Section V. DEFINITIONS are replaced by the programs"; following: b. Handling records in connection with the 5. means a person actively"Employee" "employee benefit program"; or employed, formerly employed, on leave of absence or disabled, or retired. "Employee"c. Effecting, continuing or terminating any includes a "leased worker". "Employee""employee's" participation in any benefit does not include a "temporary worker".included in the "employee benefit program". 18. means a civil proceeding in which"Suit" damages because of an act, error orHOWEVER, "administration" does not omission to which this insurance applies areinclude handling payroll deductions. alleged. "Suit" includes:2. means plans authorized"Cafeteria plans" a. An arbitration proceeding in which suchby applicable law to allow employees to damages are claimed and to which theelect to pay for certain benefits with pre-tax insured must submit or does submit withdollars. our consent; or 3. means any demand, or "suit", made"Claim" b. Any other alternative dispute resolutionby an "employee" or an "employee's" proceeding in which such damages aredependents and beneficiaries, for damages claimed and to which the insuredas the result of an act, error or omission. submits with our consent. 4. means a"Employee benefit program" I. For the purposes of the coverage provided byprogram providing some or all of the this endorsement, in the PREMIERfollowing benefits to "employees", whether BUSINESSOWNERS COMMON POLICYprovided through a "cafeteria plan" or CONDITIONS, under Condition H. OTHERotherwise: INSURANCE, paragraph 2. is replaced by the a. Group life insurance; group accident or following: health insurance; dental, vision and 2. OTHER INSURANCEhearing plans; and flexible spending accounts; provided that no one other If other valid and collectible insurance is than an "employee" may subscribe to available to the insured for a loss we cover such benefits and such benefits are under this endorsement, our obligations are made generally available to those limited as follows: "employees" who satisfy the plan's a. Primary Insurance eligibility requirements; This insurance is primary except when b. Profit sharing plans, employee savings b. below applies. If this insurance is plans, employee stock ownership plans, primary, our obligations are not affected pension plans and stock subscription unless any of the other insurance is also plans, provided that no one other than primary. Then, we will share with all that an "employee" may subscribe to such other insurance by the method benefits and such benefits are made described in c. below. generally available to all "employees" b. Excess Insurancewho are eligible under the plan for such This insurance is excess over any of thebenefits; other insurance, whether primary,c. Unemployment insurance, social excess, contingent or on any other basissecurity benefits, workers' that is effective prior to the beginning ofcompensation and disability benefits; the policy period shown in the d. Vacation plans, including buy and sell Declarations and that applies to an act, programs; leave of absence programs, error or omission on other than a claims- including military, maternity, family, and made basis, if: PB 04 98 04 11 Page 5 of 6Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03646 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 293 of 384 PB 04 98 04 11 (1) No Retroactive Date is shown in the We will share the remaining loss, if any, Declarations for this insurance; or with any other insurance that is not described in this Excess Insurance(2) The other insurance has a policy provision and was not boughtperiod that continues after the specifically to apply in excess of theRetroactive Date shown in the Limits of Insurance shown in theDeclarations for this insurance. Declarations.When this insurance is excess, we will c. Method Of Sharinghave no duty to defend the insured against any "suit" if any other insurer If all of the other insurance permits has a duty to defend the insured against contribution by equal shares, we will that "suit". If no other insurer defends, follow this method also. Under this we will undertake to do so, but we will approach each insurer contributes equal be entitled to the insured's rights against amounts until it has paid its applicable all those other insurers. limit of insurance or none of the loss remains, whichever comes first.When this insurance is excess over other insurance, we will pay only our If any of the other insurance does not share of the amount of the loss, if any, permit contribution by equal shares, we that exceeds the sum of the total will contribute by limits. Under this amount that all such other insurance method, each insurer's share is based would pay for the loss in absence of this on the ratio of its applicable limits of insurance; and the total of all deductible insurance of all insurers. and self-insured amounts under all that other insurance. All terms and conditions of this policy apply unless modified by this endorsement. Page 6 of 6 PB 04 98 04 11Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03647 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 294 of 384 ACP BPR 3086553445 INSURED COPY 78 03648 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 295 of 384 ACP BPR 3086553445 INSURED COPY 78 03649 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 296 of 384 BUSINESSOWNERS PB 05 64 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) – EXCLUSION OF WAR This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE The (paragraph of this endorsement) applies to propertyException Covering Certain Fire Losses B.1.b. located in the following states: California Illinois North Carolina Virginia Connecticut Iowa New York Washington Georgia Maine Oregon Wisconsin Idaho Missouri Rhode Island West Virginia certified terrorism losses we mustA. The and thePROPERTY COVERAGE FORM pay in a calendar year, before theLIABILITY COVERAGE FORM are amended as federal government shares infollows: subsequent payment of certified 1. Applicability Of The Provisions Of This terrorism losses.); or Endorsement (b) Decrease the federal a. The provisions of this endorsement will government's statutory become applicable commencing on the percentage share in potential date when any one or more of the terrorism losses above such following first occurs. But if your policy deductible; or (meaning the policy period in which this (c) Redefine terrorism or makeendorsement applies) begins after such insurance coverage fordate, then the provisions of this terrorism subject to provisionsendorsement become applicable on the or requirements that differ fromdate your policy begins. those that apply to other types (1) The federal Terrorism Risk Insurance of events or occurrences under Program ("Program"), established by this policy. the Terrorism Risk Insurance Act, b. If the provisions of this endorsementhas terminated with respect to the become applicable, such provisions:type of insurance provided under this (1) Supersede any terrorismCoverage Form; or endorsement already endorsed to(2) A renewal, extension or this policy that addresses "certifiedreplacement of the Program has acts of terrorism" and/or "other actsbecome effective without a of terrorism", but only with respect torequirement to make terrorism loss or injury or damage from ancoverage available to you and with incident(s) of terrorism (howeverrevisions that: defined) that occurs on or after the (a) Increase our statutory percentage date when the provisions of this deductible under the Program for endorsement become applicable; terrorism losses. (That deductible and determines the amount of all PB 05 64 01 08 Page 1 of 5Includes copyrighted material of ISO Properties, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03650 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 297 of 384 PB 05 64 01 08 (2) Remain applicable unless we notify (1) The "terrorism" is carried out by you of changes in these provisions, means of the dispersal or in response to federal law. application of radioactive material, or through the use of a nuclearc. If the provisions of this endorsement do weapon or device that involves orNOT become applicable, any terrorism produces a nuclear reaction,endorsement already endorsed to this nuclear radiation or radioactivepolicy that addresses "certified acts of contamination; orterrorism" and/or "other acts of terrorism", will continue in effect unless (2) Radioactive material is released, we notify you of changes to that and it appears that one purpose of endorsement in response to federal law. the "terrorism" was to release such material; or2. The following definition is added and applies under this endorsement wherever the term (3) The "terrorism" is carried out by terrorism is enclosed in quotation marks. means of the dispersal or application of pathogenic or poisonous biological"Terrorism" means activities against persons, or chemical materials; ororganizations or property of any nature: (4) Pathogenic or poisonous biologicala. That involve the following or preparation or chemical materials are released,for the following: and it appears that one purpose of(1) Use or threat of force or violence; or the "terrorism" was to release such (2) Commission or threat of a dangerous materials; or act; or (5) The total of insured damage to all (3) Commission or threat of an act that types of property in the United interferes with or disrupts an electronic, States, its territories and communication, information, or possessions, Puerto Rico and mechanical system; and Canada exceeds $25,000,000. In b. When one or both of the following applies: determining whether the $25,000,000 threshold is exceeded,(1) The effect is to intimidate or coerce a we will include all insured damagegovernment or the civilian population sustained by property of all personsor any segment thereof, or to disrupt and entities affected by theany segment of the economy; or "terrorism" and business interruption (2) It appears that the intent is to intimidate losses sustained by owners or or coerce a government, or to further occupants of the damaged property. political, ideological, religious, social or For the purpose of this provision, economic objectives or to express (or insured damage means damage express opposition to) a philosophy or that is covered by any insurance ideology. plus damage that would be covered B. AMENDMENTS TO THE PROPERTY by any insurance but for the COVERAGE FORM application of any terrorism exclusions. Multiple incidents of1. Under Section B. EXCLUSIONS, the "terrorism" which occur within a 72-following exclusion is added: hour period and appear to bea. EXCLUSION OF TERRORISM carried out in concert or to have a We will not pay for loss or damage caused related purpose or common directly or indirectly by "terrorism", leadership will be deemed to be one including action in hindering or defending incident, for the purpose of against an actual or expected incident of determining whether the threshold is "terrorism". Such loss or damage is exceeded. excluded regardless of any other cause or With respect to this item 1.a.(5), theevent that contributes concurrently or in immediately preceding paragraphany sequence to the loss. But this describes the threshold used toexclusion applies only when one or more of measure the magnitude of anthe following are attributed to an incident of incident of "terrorism" and the"terrorism": Page 2 of 5 PB 05 64 01 08Includes copyrighted material of ISO Properties, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03651 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 298 of 384 PB 05 64 01 08 circumstances in which the threshold authority using military personnel or will apply, for the purpose of other agents; or determining whether this Exclusion (3) Insurrection, rebellion, revolution, will apply to that incident. When the usurped power, or action taken by Exclusion applies to an incident of governmental authority in hindering "terrorism", there is no coverage or defending against any of these. under this Coverage Form. With respect to any action that comes b. Exception Covering Certain Fire Losses within the terms of this exclusion and The following exception to the involves nuclear reaction or radiation, or EXCLUSION OF TERRORISM applies radioactive contamination, this War And only if indicated and as indicated in the Military Action Exclusion supersedes the Schedule of this endorsement. Nuclear Hazard Exclusion. If "terrorism" results in fire, we will pay for C. AMENDMENTS TO THE LIABILITY the loss or damage caused by that fire, COVERAGE FORM subject to all applicable policy provisions 1. The following definition is added and applies including the Limit of Insurance on the under this endorsement wherever the affected property. Such coverage for fire phrase any injury or damage, is enclosed in applies only to direct loss or damage by quotation marks: fire to Covered Property. Therefore, for "Any injury or damage" means any injury orexample, the coverage does not apply to damage covered under this Coverage Forminsurance provided under Business or any applicable endorsement, and includesIncome and/or Extra Expense Additional but is not limited to "bodily injury", "propertyCoverages or endorsements that apply to damage" or "personal and advertising injury",those coverages. as may be defined under this Coverage Form c. Application Of Other Exclusions or any applicable endorsement. (1) When the EXCLUSION OF 2. The following exclusion is added: TERRORISM applies in accordance EXCLUSION OF TERRORISMwith the terms of paragraph 1.a.(1) or We will not pay for "any injury or damage"1.a.(2), such exclusion applies caused directly or indirectly by "terrorism",without regard to exclusion d. including action in hindering or defendingNuclear Hazard in this Coverage against an actual or expected incident ofForm. "terrorism". "Any injury or damage" is(2) The terms and limitations of any excluded regardless of any other cause orterrorism exclusion, or the event that contributes concurrently or in anyinapplicability or omission of a sequence to such injury or damage. Butterrorism exclusion, do not serve to this exclusion applies only when one orcreate coverage for any loss or more of the following are attributed to andamage which would otherwise be incident of "terrorism":excluded under this Coverage Form a. The "terrorism" is carried out by meansas losses excluded by exclusion d. of the dispersal or application ofNuclear Hazard or exclusion f. War radioactive material, or through the useAnd Military Action. of a nuclear weapon or device that2. In Section B. EXCLUSIONS, under involves or produces a nuclear reaction,paragraph 1., exclusion f. War And Military nuclear radiation or radioactiveAction is replaced by the following: contamination; or f. War And Military Action b. Radioactive material is released, and it (1) War, including undeclared or civil appears that one purpose of the "terrorism" war; or was to release such material; or (2) Warlike action by a military force, c. The "terrorism" is carried out by means including action in hindering or of the dispersal or application of defending against an actual or pathogenic or poisonous biological or expected attack, by any chemical materials; or government, sovereign or other PB 05 64 01 08 Page 3 of 5Includes copyrighted material of ISO Properties, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03652 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 299 of 384 PB 05 64 01 08 d. Pathogenic or poisonous biological or EXCLUSIONS, exclusion i. War is replaced chemical materials are released, and it in its entirety by the following: appears that one purpose of the "terrorism" This insurance, including any duty we have was to release such materials; or to defend "suits", does not apply to: e. The total of insured damage to all types i. War of property exceeds $25,000,000. In "Bodily injury" or "property damage"determining whether the $25,000,000 arising, directly or indirectly, out of:threshold is exceeded, we will include all (1) War, including undeclared or civilinsured damage sustained by property of war; orall persons and entities affected by the "terrorism" and business interruption (2) Warlike action by a military force, losses sustained by owners or occupants including action in hindering or of the damaged property. For the defending against an actual or purpose of this provision, insured expected attack, by any damage means damage that is covered government, sovereign or other by any insurance plus damage that would authority using military personnel or be covered by any insurance but for the other agents; or application of any terrorism exclusions; or (3) Insurrection, rebellion, revolution, f. Fifty or more persons sustain death or usurped power, or action taken by serious physical injury. For the purposes governmental authority in hindering of this provision, serious physical injury or defending against any of these. means: D. CAP ON CERTIFIED TERRORISM LOSSES (1) Physical injury that involves a The following provisions are added to the substantial risk of death; or Premier Businessowners Policy and apply to (2) Protracted and obvious physical Property and Liability Coverages: disfigurement; or "Certified act of terrorism" means an act that is (3) Protracted loss of or impairment of certified by the Secretary of the Treasury, in the function of a bodily member or concurrence with the Secretary of State and the organ. Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism RiskMultiple incidents of "terrorism" which occur Insurance Act. The criteria contained in that Act forwithin a 72-hour period and appear to be a "certified act of terrorism" include the following:carried out in concert or to have a related purpose or common leadership will be 1. The act resulted in insured losses in excess deemed to be one incident, for the purpose of $5 million in the aggregate, attributable to of determining whether the thresholds in all types of insurance subject to the paragraphs 2.e. or 2.f. are exceeded. Terrorism Risk Insurance Act; and With respect to this Exclusion, paragraphs 2. The act is a violent act or an act that is 2.e. and 2.f. describe the threshold used to dangerousto human life, propertyor measure the magnitude of an incident of infrastructureand is committedby an "terrorism" and the circumstances in which individualor individualsas part of an effort to the threshold will apply, for the purpose of coerce the civilian populationof the United determining whether this Exclusion will States or to influencethe policy or affect the apply to that incident. When the Exclusion conductof the United States Governmentby applies to an incident of "terrorism", there is coercion. no coverage under this Coverage Form. If aggregate insured losses attributable to In the event of any incident of "terrorism" terrorist acts certified under the Terrorism that is not subject to this Exclusion, Risk Insurance Act exceed $100 billion in a coverage does not apply to "any injury or Program Year (January 1 through damage" that is otherwise excluded under December 31) and we have met our insurer this Coverage Form. deductible under the Terrorism Risk Insurance Act, we shall not be liable for the3. Under Section I. COVERAGES, payment of any portion of the amount ofCOVERAGE A - BODILY INJURY AND such losses that exceeds $100 billion, andPROPERTY DAMAGE LIABILITY, 2. Page 4 of 5 PB 05 64 01 08Includes copyrighted material of ISO Properties, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03653 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 300 of 384 PB 05 64 01 08 in such case insured losses up to that accordance with procedures established by amount are subject to pro rata allocation in the Secretary of the Treasury. All terms and conditions of this policy apply unless modified by this endorsement. PB 05 64 01 08 Page 5 of 5Includes copyrighted material of ISO Properties, Inc., with its permission ACP BPR 3086553445 INSURED COPY 78 03654 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 301 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 12 03 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM The following is added to Section E. PROPERTY 1) Pays any premium due under this LOSS CONDITIONS, paragraph 5. Loss Payment. policy at our request if you have failed to do so; A. LOSS PAYABLE 2) Submits a signed, sworn proof of If the Loss Payee shown in the Declarations on loss within 60 days after receiving the Schedule of Mortgagees And Loss Payees notice from us of your failure to do is a loss payable for Covered Property in which so; and both you and a Loss Payee have an insurable 3) Has notified us of any change ininterest, the following provision applies. ownership, occupancy or substan- tial change in risk known to theWe will: Loss Payee. 1. Adjust losses with you; and All of the terms of this Coverage Form 2. Pay any claim for loss or damage jointly to will then apply directly to the Loss you and the Loss Payee, as interests may Payee. appear. d. If we pay the Loss Payee for any lossB. LENDER'S LOSS PAYABLE or damage and deny payment to you because of your acts or because youIf the Loss Payee shown in the Declarations on have failed to comply with the termsthe Schedule of Mortgagees And Loss Payees of this policy:is a creditor (including a mortgageholder or trustee) with whom you have entered a contract 1) The Loss Payee's rights will be for the sale of Covered Property, whose interest transferred to us to the extent of in that Covered Property is established by such the amount we pay; and written contracts as warehouse receipts, a con- tract for deed, bills of lading or financing state- 2) The Loss Payee's right to recover ments, the following provisions apply. the full amount of the Loss Payee's claim will not be im-1. For Covered Property in which both you paired.and a Loss Payee have an insurable inter- est: At our option, we may pay to the Loss Payee the whole principal ona. We will pay for covered loss or damage the debt plus any accrued interest.to each Loss Payee in their order of In this event, you will pay your re-precedence, as interests may appear. maining debt to us. b. The Loss Payee has the right to re- ceive loss payment even if the Loss 2. If we cancel this policy, we will give written Payee has started foreclosure for sim- notice to the Loss Payee at least: ilar action on the Covered Property. a. 10 days before the effective date of c. If we deny your claim because of your cancellation if we cancel for your non- acts or because you have failed to payment of premium; or comply with the terms of this policy, the Loss Payee will still have the right b. 30 days before the effective date of to receive loss payment if the Loss cancellation if we cancel for any other Payee: reason. PB 12 03 (01-01) Page 1 of 2 ACP BPR 3086553445 INSURED COPY 78 03655 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 302 of 384 PB 12 03 (01-01) 3. If we do not renew this policy, we will give a. Adjust losses with you; and written notice to the Loss Payee at least 10 days before the expiration date of this pol- b. Pay any claim for loss or damage icy. jointly to you and the Loss Payee, as interests may appear.C. CONTRACT OF SALE If the Loss Payee shown in the Declarations on 2. The following is added to the COMMON the Schedule of Mortgagees And Loss Payees POLICY CONDITIONS, Condition H. OTHER is a person or organization you have entered a INSURANCE, under paragraph 1:contract with for the sale of Covered Property, the following provisions apply. For Covered Property that is the subject of 1. For Covered Property in which both you a contract of sale, the word "you" includesand the Loss Payee have an insurable in- the Loss Payee.terest, we will: All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1988 PB 12 03 (01-01) Page 2 of 2 ACP BPR 3086553445 INSURED COPY 78 03656 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 303 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 25 00 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPLETE NAMES & ADDRESSES OF MORTGAGEE / LOSS PAYEES MORTGAGEE JP MORGAN CHASE BANK NA ATTN: PATRICK E GREE, SR VP 1125 17TH ST FL 3 DENVER, CO 80202-2025 INTEREST: LOCATIONS 1-28 LOSS PAYEE JP MORGAN CHASE BANK NA ATTN: PATRICK E GREE, SR VP 1125 17TH ST FL 3 DENVER, CO 80202-2025 INTEREST: LOCATIONS 1-28 All terms and conditions of this policy apply unless modified by this endorsement. PB 25 00 (01-01) ACP BPR 3086553445 INSURED COPY 78 03657 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 304 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 25 00 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RE: AMENDMENT TO LOCATION #50 LOC #50 IS AMENDED TO NORMAN, OK 73069-6456 IN LIEU OF ALBUQUERQUE, NM All terms and conditions of this policy apply unless modified by this endorsement. PB 25 00 (01-01) ACP BPR 3086553445 INSURED COPY 78 03658 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 305 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 25 00 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENTIRE NAME OF ADDITIONAL INSURED PBAI02 9121 EAST 71ST STREET HOLDINGS, LLC COMMERCIAL REALTY MANAGEMENT, LLC DBA CB RICHARD ELLIS OKLAHOMA AND CB RICHARD ELLIS OK ET AL. 1401 SOUTH BOULDER AVE, SUITE 200 TULSA, OK 74119-3649 All terms and conditions of this policy apply unless modified by this endorsement. PB 25 00 (01-01) ACP BPR 3086553445 INSURED COPY 78 03659 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 306 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 25 00 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOCATION EXTENSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: VITAMIN COTTAGE NATURAL FOOD MARKETS INC POLICY: ACP BPR 3006553445 THE PREMIER BUSINESS OWNERS LIABILITY COVERAGE FORM (PB0006), IS MODIFIED BY THE FOLLOWING: COVERAGE IS EXTENDED TO: 1. 1.RETAIL STORE LOCATED AT 3126 S HARVARD AVE, TULSA, OK 74135 ALL TERMS AND CONDITIONS OF THIS POLICY APPLY UNLESS MODIFIED BY THIS ENDORSEMENT. All terms and conditions of this policy apply unless modified by this endorsement. PB 25 00 (01-01) ACP BPR 3086553445 INSURED COPY 78 03660 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 307 of 384 ACP BPR 3086553445 INSURED COPY 78 03661 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 308 of 384 BUSINESSOWNERS PB 29 99 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FUNGI OR BACTERIA (WITH LIMITED PROPERTY COVERAGE) This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM LIABILITY, under paragraph 2. EXCLUSIONS,A.. In Section I. COVERAGES, COVERAGE A - the following exclusions are added:BODILY INJURY AND PROPERTY DAMAGE LIABILITY, under paragraph 2. EXCLUSIONS, This insurance, including any duty we have to the following exclusions are added: defend "suits", does not apply to: This insurance, including any duty we have to Fungi or Bacteria defend "suits", does not apply to: a. “Personal and advertising injury” which Fungi or Bacteria would not have occurred, in whole or in part, but for:a. “Bodily injury” or “property damage” which would not have occurred, in whole or in part, 1) The actual, alleged or threatened but for: inhalation of, ingestion of, contact with, exposure to, existence of, or presence1) The actual, alleged or threatened of, any “fungi” or bacteria on or within ainhalation of, ingestion of, contact with, building or structure, including itsexposure to, existence of, or presence contents; orof, any “fungi” or bacteria on or within a building or structure, including its 2) The failure to warn or to disclose the contents; or presence of "fungi" or bacteria; 2) The failure to warn or to disclose the regardless of whether any other cause, presence of "fungi" or bacteria; event, material or product contributed concurrently or in any sequence to suchregardless of whether any other cause, injury or damage.event, material or product contributed concurrently or in any sequence to such b. Any loss, cost or expenses arising out of the injury or damage. testing for, monitoring, cleaning up, removing, containing, treating, detox-ifying,b. Any loss, cost or expenses arising out of the neutralizing, remediating or disposing of, ortesting for, monitoring, cleaning up, in any way responding to, or assessing theremoving, containing, treating, detoxifying, effects of, “fungi” or bacteria, by any insuredneutralizing, remediating or disposing of, or or by any other person or entity.in any way responding to, or assessing the effects of, “fungi” or bacteria, by any insured C. In Section V. DEFINITIONS the following or by any other person or entity. definition is added: HOWEVER, this exclusion does not apply to any “Fungi” means any type or form of fungus, "fungi" or bacteria that are, are on or are including mold or mildew, and any mycotoxins, contained in, "your product" intended for human spores, scents or byproducts produced or or animal consumption. released by fungi. B. In Section I. COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY All terms and conditions of this policy apply unless modified by this endorsement. PB 29 99 04 11 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03662 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 309 of 384 BUSINESSOWNERS PB 53 01 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCREASED LIMITS - BUSINESS PERSONAL PROPERTY AWAY FROM PREMISES This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM HOWEVER, for Business Personal PropertyUnder Section A. COVERAGES, 6. COVERAGE Away From Premises in Transit, the followingEXTENSIONS, paragraph c. is deleted and replaced additional exclusions apply:by the following: We do not pay for loss or damage caused by orc. Personal Property Off-premises arising out of: You may extend the insurance provided by this a. . Theft from anUnattended Vehiclepolicy to apply to your Covered Property, other unattended vehicle, except when it isthan "money" and "securities", "valuable papers securely locked, its windows are fully closedand records" or accounts receivable, while it is and there is visible evidence that entry intoin the course of transit or at a premises you do the vehicle was forced. This exclusion doesnot own, lease or operate. not apply to Covered Property in the custodyThe most we will pay for loss or damage under of a carrier for hire. this Personal Property Off-premises Coverage b. . Theft of part of thePartial ContentsExtension is the Limits of Insurance shown in contents of any shipping package.the Declarations separately for: c. . Theft by an employee of yours,Employee1. Business Personal Property Away From whether such employee is acting alone or inPremises; and collusion with others.2. Business Personal Property Away From Premises in Transit. All terms and conditions of this policy apply unless modified by this endorsement. PB 53 01 04 11 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03663 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 310 of 384 EFFECTIVE DATE: 12:01 AM Standard Time, BUSINESSOWNERS (at your principal place of business) PB 54 40 (01-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE - WINDSTORM OR HAIL CAUSES OF LOSS This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM Under Section D. DEDUCTIBLES, the deductible ap- the Windstorm or Hail Deductible amount shown in the Declarations.plicable to all property causes of loss does not apply to the windstorm or hail causes of loss. The follow- 2. This Windstorm or Hail Deductible applies re- ing Windstorm or Hail Deductible provision applies gardless of any other cause or event that con- to such causes: tributes concurrently or in any sequence to the loss or damage caused by windstorm or hail. WINDSTORM OR HAIL DEDUCTIBLE 3. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable1. We will not pay for loss or damage to Covered Limit of Insurance.Property in any one occurrence caused directly or indirectly by the windstorm or hail causes of 4. No other deductible applies to Windstorm or loss until the amount of loss or damage exceeds Hail. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1996 PB 54 40 (01-01) ACP BPR 3086553445 INSURED COPY 78 03664 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 311 of 384 BUSINESSOWNERS PB 58 00 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED PROPERTY FLOATER This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM SCHEDULE Item Limit of Insurance No Description of Property (Subject to Coinsurance) 001 GROCERY PRODUCTS 10,000 A. 3. Self-propelled vehicles that are designed forCOVERAGE highway use;We will pay for risks of direct physical loss of or damage to property described in the Schedule 4. Aircraft or watercraft, including their parts; of this endorsement caused by or arising out of 5. Tires and tubes mounted on any vehicle. any external cause unless the loss or damage is HOWEVER, we do cover them if the loss iscaused by an excluded cause of loss. caused by: HOWEVER, we do not cover: a. Fire, windstorm, theft or vandalism; or 1. Property that is or will be a permanent part b. A covered cause of loss which also of a building or structure; damages the vehicle. 2. Plans, blueprints, designs or specifications; PB 58 00 04 11 Page 1 of 2 ACP BPR 3086553445 INSURED COPY 78 03665 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 312 of 384 PB 58 00 04 11 2. The following additional exclusions alsoB. COINSURANCE apply. We will not pay for loss or damage You must maintain a minimum coverage amount caused by or resulting from: for each item described in the Schedule of this a. Mysterious disappearance or any causeendorsement. This minimum coverage amount when the only proof that a loss occurredis the full “actual cash value” of such item. is a shortage disclosed upon taking If the coverage amount at the time loss is less inventory. than the minimum coverage amount, we will pay b. Breakage of glass or similar fragileonly a part of a loss. Our part of the loss will be items, unless the breakage is caused bydetermined by dividing the coverage amount by fire; lightning; windstorm; hail;the minimum coverage amount. This percent will earthquake; flood; smoke; explosion;be applied to the final adjusted loss to determine aircraft, spacecraft, self propelledthe amount we will pay. missiles and objects that fall from these C. LIMIT OF INSURANCE items; vehicles, including an accident to The Limit of Insurance for each item is the most a transporting of vehicle; strike; riot; civil we will pay for loss or damage to that item. commotion; vandalism; theft; attempted theft; sprinkler leakage or collapse ofD. DEDUCTIBLE buildings.The property deductible under Section D. c. A process to repair, adjust, service orDEDUCTIBLES of the PROPERTY maintain the covered property. If a fireCOVERAGES FORM also applies to coverage or explosion results, we do cover theprovided under this endorsement. damage caused by the fire or explosion.E. EXCLUSIONS d. Mechanical breakdown or failure. If a1. The following exclusions in Section B. fire or explosion results, we do cover theEXCLUSIONS apply to the coverage damage caused by the fire or explosion.provided by this endorsement: e. Electrical currents, other than thosea. Section B.1.c. Governmental Action; caused by lightning. If a fire or explosion b. Section B.1.d. Nuclear Hazard; results, we do cover the damage caused c. Section B.1.f. War and Military Action; by the fire or explosion. d. Section B.2.b. Consequential Loss; F. AMENDED CONDITION e. Section B.2.f. Dishonesty; Under Section E. PROPERTY LOSS CONDITIONS, 5. Loss Payment, paragraph e. isf. Section B.2.g. False Pretense; replaced by the following, but only with respectg. Section B.2.l. Other Types of Losses; to coverage provided under this endorsement: h. Section B.3.b. Acts or Decisions; and We will determine the value of property covered i. Section B.3.c. Negligent Work. based on its “actual cash value” at the time the loss is discovered. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 PB 58 00 04 11 ACP BPR 3086553445 INSURED COPY 78 03666 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 313 of 384 ACP BPR 3086553445 INSURED COPY 78 03667 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 314 of 384 ACP BPR 3086553445 INSURED COPY 78 03668 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 315 of 384 ACP BPR 3086553445 INSURED COPY 78 03669 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 316 of 384 ACP BPR 3086553445 INSURED COPY 78 03670 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 317 of 384 BUSINESSOWNERS PB 63 08 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Specifically identified substances or materials The definition of "pollutants" is replaced by the following: “Pollutants” includes, but is not limited to, adhesives; ammonia and ammonia solutions; dry cleaning “Pollutants” means any organic or inorganic solvents (including but not limited to: Stoddard, 1, 1, substance or material that is a solid, liquid, gaseous 2-trichloro-1,2,2-trifluoroethane, tetrachloroethylene, or thermal irritant or contaminant including, but not perchloroethylene,and methyl chloroform); cleaning limited to, smoke, vapor, soot, fumes, acids, alkalis, solutions; detergents, soaps and solvents; coatings, chemicals, fibers, particles, sludge, by-products, finishes and sealants (including, but not limited to; waste (as currently defined at 40 C.F.R. § 261.2 and lacquer, paints, polishes, resins, shellac, varnish and § 261.3 and as may be amended) and any wax); dyes, inks and stains; mercury and compounds substances or materials identified in the Schedule. containing mercury (including, but not limited to: Waste includes, without limitation, materials that methylmercury, dimethylmercury, ethylmercury); have been, or are to be, recycled, reconditioned or polychlorinated biphenyls; ketones (all compounds reclaimed. and isomers including, but not limited to: acetone, PB 63 08 09 10 Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03671 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 318 of 384 PB 63 08 09 10 methyl acetone, cyclohexanone,diethyl ketone, compounds of fluorine; metals and compounds of ethylmethyl ketone, methel isobutyl ketone, methyl metal (including but not limited to: arsenic, cadmium, isopropyl ketone, methyl propyl ketone, methyl vinyl chromium, copper, thallium, selenium); brine; ketone, methyl propanone); fertilizer and soil peroxides; nano fibers, particles and tubes; and amendments; fungicides, herbicides, insecticides, radioactive material. and pesticides; garbage, refuse and trash (including, In addition, “pollutants” includes, but is not limited to, but not limited to: household, commercial, industrial); hazardous substances listed in the Comprehensive sewage; biological waste; inert gases; natural gas, Environmental Response, Compensation, And natural gas by-products and natural gas derivatives Liability Act (CERCLA) 2007 Priority List (and any (including, but not limited to: butane, propane, LPG): future priority lists): list of hazardous wastes in the petroleum, petroleum by-products, and petroleum Federal Code of Regulations Title 40, §261.30- distillates (including, but not limited to: diesel fuel, 261.35; U.S. Environmental Protection Agency gasoline, heating oil, kerosene, grease, lubricants, Chemical References Complete Index; and U.S. propane, LPG, motor oil, mineral oil, mineral spirits, Department of Health And Human Services Agency tar, asphalt, naphtha and naphtha compounds); For Toxic Substances, and any other substance brake fluid (glycol mineral oil or silicon based); which has been, is, or becomes in the future the coolants (including, but not limited to ethylene glycol subject of any law, statute, regulation, ordinance or and propylene glycol); hydraulic fluid (composed of other governmental enactment concerning the mineral oil or natural oil base stocks); transmission presence of toxic, hazardous, damaging or harmful fluid (mineral oil or synthetic); exhaust particulate substances in the soil, air, atmosphere, biota or matter and gases (including, but not limited to: water (whether indoors or out, above, at or below carbon dioxide, carbon monoxide, hydrocarbons, ground-level) or is alleged to be toxic, hazardous, nitrogen oxides, ozone); refrigerants (including, but damaging or harmful to human health or to the soil, not limited to: anhydrousammonia, any air, atmosphere, biota, or water (whether indoors or chlorofluorocarbons,hydro-chlorofluorocarbos, out, above, at or below ground-level). perfluorocarbons); wood preservatives (including, but not limited to: alkaline copper quat, creosote, The definition of “pollutants” applies whether or not the “pollutant” has any function in your business,chromated copper arsenate, pentachlorophenol); operations, premises, site or location.alcohols; bromine and compounds of bromine; chlorine and compounds of chlorine; fluorine and All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 PB 63 08 09 10Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03672 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 319 of 384 ACP BPR 3086553445 INSURED COPY 78 03673 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 320 of 384 ACP BPR 3086553445 INSURED COPY 78 03674 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 321 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 3 , 6 1 4 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 03-01-14 TOPOLICY PERIOD: FROM 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time03-04-14 TOTAL PREMIUM $ 3 , 6 1 4 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 018000 $ 3 , 6 1 5 . 0 0 LOC/BLDG DESCRIBED PREMISES 93 01 7604 NE 5TH AVE STE 104 HEALTH FOOD STORE ADDED ADDRESS 7604 NE 5TH AVE STE 104 CHANGED CITY FROM : TO : VANCOUVER CHANGED CITY FROM : TO : WA ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 2 , 3 8 5 , 0 2 7 TO : $ 1 0 3 , 4 9 9 , 2 2 7 ADDED COVERAGE B LIMIT $ 1 , 1 1 4 , 2 0 0 ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 006 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03675 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 322 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-04-14 ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 702 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 005 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03676 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 323 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-04-14 Z IP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P - 2 ; P - 6 ; P -7 * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 018001 $ 1 . 0 0 - LOC/BLDG DESCRIBED PREMISES 93 01 7604 NE 5TH AVE STE 104 HEALTH FOOD STORE ADDED ADDRESS 7604 NE 5TH AVE STE 104 CHANGED CITY FROM : TO : VANCOUVER CHANGED CITY FROM : TO : WA ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 2 , 0 2 7 , 9 0 0 TO : $ 1 0 3 , 1 4 2 , 1 0 0 ADDED COVERAGE B LIMIT $ 1 , 1 1 4 , 2 0 0 ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 006 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03677 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 324 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-04-14 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 702 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 005 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03678 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 325 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-04-14 ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P - 2 ; P - 6 ; P -7 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 019000 $ . 0 0 LOC-BLDG 93 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03679 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 326 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 2 , 2 7 2 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time03-17-14 TOTAL PREMIUM $ 2 , 2 7 2 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 020000 $ 2 , 2 7 2 . 0 0 LOC/BLDG DESCRIBED PREMISES 94 01 407 NW BURNSIDE RD HEALTH FOOD STORE ADDED ADDRESS 407 NW BURNSIDE RD CHANGED CITY FROM : TO : GRESHAM CHANGED CITY FROM : TO : OR ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 3 , 4 9 9 , 2 2 7 TO : $ 1 0 3 , 9 9 9 , 2 2 7 ADDED COVERAGE B LIMIT $500 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 026 ADDED VISTA COUNTY MULTIPLIER DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03680 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 327 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-17-14 ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 702 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03681 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 328 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 03-17-14 LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P-2 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 021000 $ . 0 0 LOC-BLDG 94 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03682 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 329 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 3 , 8 7 5 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time04-08-14 TOTAL PREMIUM $ 3 , 8 7 5 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 022000 $ 3 , 8 7 5 . 0 0 LOC/BLDG DESCRIBED PREMISES 95 01 14917 W 119TH ST HEALTH FOOD STORE ADDED ADDRESS 14917 W 119TH ST CHANGED CITY FROM : TO : OLATHE CHANGED CITY FROM : TO : KS ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 3 , 9 9 9 , 2 2 7 TO : $ 1 0 5 , 1 0 4 , 2 2 7 ADDED COVERAGE B LIMIT $ 1 , 1 0 5 , 0 0 0 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM N ADDED VISTA COUNTY 046 ADDED VISTA COUNTY MULTIPLIER DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03683 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 330 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 04-08-14 ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 702 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 011 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $10 ,000 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03684 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 331 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 04-08-14 U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 023000 $ . 0 0 LOC-BLDG 95 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03685 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 332 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 2 , 6 0 1 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 03-01-14 TOPOLICY PERIOD: FROM 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time04-15-14 TOTAL PREMIUM $ 2 , 6 0 1 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 024000 $ 2 , 6 8 6 . 0 0 LOC/BLDG DESCRIBED PREMISES 96 01 1075 N MAIN ST STE 110 HEALTH FOOD STORE ADDED ADDRESS 1075 N MAIN ST STE 110 CHANGED CITY FROM : TO : LOGAN CHANGED CITY FROM : TO : UT ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 5 , 1 0 4 , 2 2 7 TO : $ 1 0 6 , 1 1 4 , 2 2 7 ADDED COVERAGE B LIMIT $ 1 , 0 1 0 , 0 0 0 ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM Y ADDED VISTA COUNTY 003 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03686 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 333 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 04-15-14 ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 004 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 701 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 093 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 1 , 0 0 0 ADDED WIND AND HAIL DEDUCTIBLE $ 5 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03687 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 334 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 04-15-14 LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P -2 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 025000 $ . 0 0 LOC-BLDG 96 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 034000 $ 8 5 . 0 0 - LOC/BLDG DESCRIBED PREMISES 96 01 1075 N MAIN ST STE 110 LOGAN UT HEALTH FOOD STORE CHANGED PROPERTY DEDUCTIBLE FROM : $ 2 , 5 0 0 TO : $ 2 , 5 0 0 SIC CODE CHANGE NAICS CODE CHANGE GROUND FLOOR AREA CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03688 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 335 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 NO CHARGE $ . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time05-28-14 TOTAL PREMIUM $ . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * ADDITIONAL INSURED * * * * * * * * * * * * * * * * * * NO. 002000 $ . 0 0 SYMETRA LIFE INSURANCE ADDED NAME SYMETRA LIFE INSURANCE ADDED ADDRESS 819 MITTEN RD ADDED CITY BURLINGAME ADDED STATE CA ADDED ZIP CODE 940101323 ADDED FORM NUMBER PBAI09 MUNICIPALITY CHANGE * * * * * * * * * * * * * * * * * * * * * * * * MORTGAGEE OR LOSS PAYEE * * * * * * * * * * * * * * * * * * * * ADDED ADDITIONAL INTEREST SYMETRA LIFE INS CO C/O BARRY SLATT MORTGAGE CO 819 MITTEN RD, BURLINGAME, CA, 94010-1323 LOCATION 070 BUILDING 001 INTEREST NO: 002 - MORTGAGEE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENDORSEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ADDED ENDORSEMENT FORM FORM PBAI09 EDITION DATE 0101 A COPY OF THIS FORM I S ATTACHED DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03689 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 336 of 384 SYMETRA LIFE INSURANCE 819 MITTEN RD BURLINGAME CA 940101323 1990 N PACIFIC HWY MEDFORD OR 975011635 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03690 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 337 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 NO CHARGE $ . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 03-01-14 TOPOLICY PERIOD: FROM 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time07-11-14 TOTAL PREMIUM $ . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * ADDITIONAL INSURED * * * * * * * * * * * * * * * * * * NO. 037000 $ . 0 0 SHADRALL BEAVERTON, LP ADDED NAME SHADRALL BEAVERTON, LP ADDED ADDRESS 12155 BROADWAY ST ADDED CITY BEAVERTON ADDED STATE OR ADDED ZIP CODE 970052145 ADDED FORM NUMBER PBAI02 PREMIUM CHANGE MUNICIPALITY CHANGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENDORSEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED DELETED ENDORSEMENT FORM FORM IN7345 EDITION DATE 1105 DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03691 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 338 of 384 SHADRALL BEAVERTON, LP 12155 BROADWAY ST BEAVERTON OR 970052145 12612 W ALAMEDA PKWY LAKEWOOD CO 802282824 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03692 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 339 of 384 LEGACY COURT, LLC 13625 CALIFORNIA ST STE 110 OMAHA NE 681545246 17602 WRIGHT ST OMAHA NE 681302097 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03693 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 340 of 384 EVC SLIDE LC 7208 SLIDE RD LUBBOCK TX 794242553 7208 SLIDE RD LUBBOCK TX 794242553 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03694 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 341 of 384 9121 EAST 71ST STREET HOLDINGS, LLC SEE FORM PB2500 1401 SOUTH BOULDER AVE STE 200 TULSA OK 741193649 9137 E 71ST ST, TULSA, OK 74133 AURORA CO 800140000 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03695 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 342 of 384 EVC WESTPORT LC 3501 SW FAIRLAWN RD # 300 TOPEKA KS 666143976 5836 SW 21ST ST TOPEKA KS 666044007 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03696 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 343 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 NO CHARGE $ . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 POLICY PERIOD: FROM 03-01-14 TO 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time08-07-14 TOTAL PREMIUM $ . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * POLICY CANCELLATION * * * * * * * * * * * * * * * * * * NO. 035000 $ 2 2 2 , 2 0 5 . 0 0 - THIS POLICY HAS BEEN CANCELLED REASON : NON-PAYMENT * * * * * * * * * * * * * * * * * * * * * * * * POLICY REINSTATEMENT * * * * * * * * * * * * * * * * * * NO. 036000 $ 2 2 2 , 2 0 5 . 0 0 THIS POLICY HAS BEEN REINSTATED DIRECT BILL DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03697 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 344 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 9 0 3 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time09-26-14 TOTAL PREMIUM $ 9 0 3 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 039000 $ 9 0 3 . 0 0 LOC/BLDG DESCRIBED PREMISES 83 01 3910 LAWRENCE RD WICHITA FALLS TX HEALTH FOOD STORE ADDED COVERAGE A LIMIT $ 2 , 6 0 0 , 0 0 0 TYPE OF EXPOSURE CHANGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENDORSEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ADDED ENDORSEMENT FORM FORM PB5920 EDITION DATE 0610 A COPY OF THIS FORM I S ATTACHED DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03698 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 345 of 384 BUSINESSOWNERS PB 59 20 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – COSMETIC LOSS TO ROOF COVERINGS - TEXAS This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS PROPERTY COVERAGE FORM SCHEDULE Location Number Building Number Covered Property 083 001 3910 LAWRENCE RD WICHITA FALLS, TX 76308 A. In Section B. EXCLUSIONS, under paragraph 1. the following is added: Cosmetic Loss “Cosmetic loss” to “roof covering” caused directly or indirectly by Windstorm or Hail. B. ADDITIONAL DEFINITIONS As used throughout this endorsement; 1. “ ” means loss or damage that alters the physical appearance but does not result in theCosmetic Loss failure to perform the intended function of keeping out the elements over an extended period of time. 2. “ ” means the roofing material exposed to the weather, the underlayments applied forRoof Covering moisture protection, and all flashings required in the replacement of a roof covering. All terms and conditions of this policy apply unless modified by this endorsement. Named Insured: We request that you acknowledge your receipt of our policy, which includes this exclusion. Please sign below and return to your agent, keeping a copy for your records. Signature of Named Insured Dated Agent: Please sign and return to Company after obtaining Named Insured's signature: Insurance Company By (Signature of duly authorized agent of Company) PB 59 20 06 10 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACP BPR 3086553445 INSURED COPY 78 03699 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 346 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 1 , 1 7 5 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time10-21-14 TOTAL PREMIUM $ 1 , 1 7 5 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 043000 $ 1 , 1 7 5 . 0 0 LOC/BLDG DESCRIBED PREMISES 97 01 2401 FORD ST SUPERMARKET ADDED ADDRESS 2401 FORD ST CHANGED CITY FROM : GOLDEN TO : GOLDEN CHANGED CITY FROM : CO TO : CO ADDED DESCRIPTION SUPERMARKET ADDED COVERAGE A LIMIT $ 3 , 2 1 0 , 0 0 0 CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 5 , 7 5 7 , 1 0 0 TO : $ 1 0 6 , 0 0 7 , 1 0 0 ADDED COVERAGE B LIMIT $250 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 2% ADDED TOWN GROUP 3 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED CENTRAL FIRE ALARM N ADDED VISTA COUNTY 030 DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03700 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 347 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 10-21-14 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 004 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 703 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 2 , 5 0 0 ADDED WIND AND HAIL DEDUCTIBLE $ 5 , 0 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03701 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 348 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 10-21-14 GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P-1 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 044000 $ . 0 0 LOC-BLDG 97 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * ADDITIONAL INSURED * * * * * * * * * * * * * * * * * * NO. 045000 $ . 0 0 EVC GOLDEN, LLC ADDED NAME EVC GOLDEN, LLC ADDED ADDRESS 3501 SW FAIRLAWN RD STE 200 ADDED CITY TOPEKA ADDED STATE KS ADDED ZIP CODE 666143975 ADDED FORM NUMBER PBAI02 PREMIUM CHANGE MUNICIPALITY CHANGE * * * * * * * * * * * * * * * * * * * * * * * * MORTGAGEE OR LOSS PAYEE * * * * * * * * * * * * * * * * * * * * ADDED ADDITIONAL INTEREST FIDELITY STATE BANK AND TRUST CO. 3501 SW FAIRLAWN RD STE 2 0 0 , TOPEKA, KS, 66614-3975 LOCATION 097 BUILDING 001 INTEREST NO: 001 - MORTGAGEE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03702 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 349 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 10-21-14 LOCATION 097 BUILDING 001 INTEREST NO: 002 - LOSS PAYEE INTEREST : CONTENTS AT LOC 9 7 - 1 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENDORSEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03703 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 350 of 384 SHADRALL BEAVERTON, LP 12155 BROADWAY ST BEAVERTON OR 970052145 12612 W ALAMEDA PKWY LAKEWOOD CO 802282824 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03704 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 351 of 384 LEGACY COURT, LLC 13625 CALIFORNIA ST STE 110 OMAHA NE 681545246 17602 WRIGHT ST OMAHA NE 681302097 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03705 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 352 of 384 EVC SLIDE LC 7208 SLIDE RD LUBBOCK TX 794242553 7208 SLIDE RD LUBBOCK TX 794242553 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03706 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 353 of 384 9121 EAST 71ST STREET HOLDINGS, LLC SEE FORM PB2500 1401 SOUTH BOULDER AVE STE 200 TULSA OK 741193649 9137 E 71ST ST, TULSA, OK 74133 AURORA CO 800140000 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03707 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 354 of 384 EVC WESTPORT LC 3501 SW FAIRLAWN RD # 300 TOPEKA KS 666143976 5836 SW 21ST ST TOPEKA KS 666044007 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03708 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 355 of 384 EVC GOLDEN, LLC 3501 SW FAIRLAWN RD STE 200 TOPEKA KS 666143975 2401 FORD ST GOLDEN CO 804012429 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03709 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 356 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 1 , 4 9 8 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time10-28-14 TOTAL PREMIUM $ 1 , 4 9 8 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 049000 $ 1 , 4 9 8 . 0 0 LOC/BLDG DESCRIBED PREMISES 98 01 4819 KIETZKE LN HEALTH FOOD STORE ADDED ADDRESS 4819 KIETZKE LN CHANGED CITY FROM : RENO TO : RENO CHANGED CITY FROM : NV TO : NV ADDED DESCRIPTION HEALTH FOOD STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 6 , 0 0 7 , 1 0 0 TO : $ 1 0 6 , 5 0 7 , 1 0 0 ADDED COVERAGE B LIMIT $500 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 2% ADDED ANNUAL RECEIPTS $ 3 , 0 0 0 , 0 0 0 ADDED TOWN GROUP 4 ADDED MILES FROM FIRE DEPT 1 . 0 0 ADDED FEET FROM HYDRANT 100 ADDED CENTRAL FIRE ALARM N DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03710 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 357 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 10-28-14 ADDED VISTA COUNTY 015 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 003 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 701 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 022 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 2 , 5 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03711 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 358 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 10-28-14 GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE CHANGED BUSINESS CODE FROM: 54127 TO: 54127 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P - 1 ; P - 6 ; P -7 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 050000 $ . 0 0 LOC-BLDG 98 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * ADDITIONAL INSURED * * * * * * * * * * * * * * * * * * NO. 051000 $ . 0 0 FIRECREEK CROSSING OF RENO, LLC ADDED NAME FIRECREEK CROSSING OF RENO, LLC ADDED OLD ADDRESS JONES LANG LASALLE AMERICAS, I N C . ADDED ADDRESS 5250 CLAREMONT AVE STE 107 ADDED CITY STOCKTON ADDED STATE CA ADDED ZIP CODE 952075700 ADDED FORM NUMBER PBAI02 PREMIUM CHANGE MUNICIPALITY CHANGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENDORSEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03712 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 359 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 10-28-14 CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03713 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 360 of 384 SHADRALL BEAVERTON, LP 12155 BROADWAY ST BEAVERTON OR 970052145 12612 W ALAMEDA PKWY LAKEWOOD CO 802282824 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03714 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 361 of 384 LEGACY COURT, LLC 13625 CALIFORNIA ST STE 110 OMAHA NE 681545246 17602 WRIGHT ST OMAHA NE 681302097 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03715 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 362 of 384 EVC SLIDE LC 7208 SLIDE RD LUBBOCK TX 794242553 7208 SLIDE RD LUBBOCK TX 794242553 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03716 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 363 of 384 9121 EAST 71ST STREET HOLDINGS, LLC SEE FORM PB2500 1401 SOUTH BOULDER AVE STE 200 TULSA OK 741193649 9137 E 71ST ST, TULSA, OK 74133 AURORA CO 800140000 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03717 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 364 of 384 EVC WESTPORT LC 3501 SW FAIRLAWN RD # 300 TOPEKA KS 666143976 5836 SW 21ST ST TOPEKA KS 666044007 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03718 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 365 of 384 EVC GOLDEN, LLC 3501 SW FAIRLAWN RD STE 200 TOPEKA KS 666143975 2401 FORD ST GOLDEN CO 804012429 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03719 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 366 of 384 FIRECREEK CROSSING OF RENO, LLC JONES LANG LASALLE AMERICAS, INC. 5250 CLAREMONT AVE STE 107 STOCKTON CA 952075700 4819 KIETZKE LN RENO NV 895096549 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03720 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 367 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 7 4 1 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 03-01-14 TOPOLICY PERIOD: FROM 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time11-04-14 TOTAL PREMIUM $ 7 4 1 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 057000 $ 7 4 1 . 0 0 LOC/BLDG DESCRIBED PREMISES 100 01 7001 N MAY AVE, OKLAHOMA CITY OK 73116 HEALTH FOOD STORE ADDED ADDRESS 7001 N MAY AVE, OKLAHOMA CITY OK 73116 CHANGED CITY FROM : TO : AURORA CHANGED CITY FROM : TO : CO ADDED DESCRIPTION HEALTH FOOD STORE ADDED COVERAGE A LIMIT $680 ,000 CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 6 , 5 0 7 , 1 0 0 TO : $ 1 0 7 , 0 0 7 , 1 0 0 ADDED COVERAGE B LIMIT $500 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED TOWN GROUP 3 ADDED CENTRAL FIRE ALARM N ADDED VISTA COUNTY 003 ADDED VISTA COUNTY MULTIPLIER Y DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03721 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 368 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 11-04-14 ADDED VISTA COUNTY OVER O ADDED VISTA COUNTY CENT F ADDED VISTA PROTECTION CLASS 002 ADDED VISTA PROTECTION CLASS MULTIPLIER ADDED VISTA PROPERTY TERRITORY 703 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 023 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 2 , 5 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03722 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 369 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 11-04-14 LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 51553 ADDED PROTECTIVE SAFEGUARD SYMBOL - SEE PB0430 FOR DETAILS AND LIMITATIONS P-1 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 058000 $ . 0 0 LOC-BLDG 100 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03723 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 370 of 384 AMCO INSURANCE COMPANY CHANGE OF DECLARATIONS ENDORSEMENT - PLEASE READ CAREFULLY. POLICY NUMBER ACP BPR 3086553445 PREMIER BUSINESSOWNERS POLICY VITAMIN COTTAGE NATURAL FOOD MARKETS INCNAMED INSURED: - SEE NAMED INSURED SCHEDULE 12612 W ALAMEDA PKWYMAILING ADDRESS: LAKEWOOD, CO 80228-2824 AGENT NAME: ARTHUR J GALLAGHER AND CO 84 26787 ADDL PREMIUM $ 7 6 3 . 0 0 009AGENT ADDRESS: GLENDALE CA 91203 TOPOLICY PERIOD: FROM 03-01-14 03-01-15 12:01 A.M. Standard Time EFFECTIVE DATE OF CHANGE: 12:01 A.M. Standard Time12-06-14 TOTAL PREMIUM $ 7 6 3 . 0 0NOT A STATEMENT - YOUR BILLING WILL FOLLOW PREMIUM * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION / BUILDING * * * * * * * * * * * * * * * * * NO. 052000 $ 7 6 3 . 0 0 LOC/BLDG DESCRIBED PREMISES 99 01 19019 E 48TH ST S GROCERY STORE ADDED ADDRESS 19019 E 48TH ST S CHANGED CITY FROM : INDEPENDENCE TO : INDEPENDENCE CHANGED CITY FROM : MO TO : MO ADDED DESCRIPTION GROCERY STORE CHANGED BLANKET PERSONAL PROPERTY LIMIT FROM : $ 1 0 6 , 5 0 7 , 1 0 0 TO : $ 1 0 6 , 9 5 7 , 1 0 0 ADDED COVERAGE B LIMIT $450 ,000 ADDED AUTOMATIC INCREASE I N BUILDING LIMIT 3% ADDED ANNUAL RECEIPTS $500 ,000 ADDED TOWN GROUP 5 ADDED MILES FROM FIRE DEPT 4 . 0 0 ADDED FEET FROM HYDRANT 100 ADDED CENTRAL FIRE ALARM N DIRECT BILL 66G6 16133 INSURED COPY R 808682890 78 03724 P B 8114 (01-01) 02 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 371 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 12-06-14 ADDED VISTA COUNTY 048 ADDED VISTA COUNTY MULTIPLIER ADDED VISTA COUNTY OVER V ADDED VISTA COUNTY CENT A ADDED VISTA PROTECTION CLASS 004 ADDED VISTA PROTECTION CLASS MULTIPLIER Y ADDED VISTA PROPERTY TERRITORY 703 ADDED VISTA PROPERTY MULTIPLIER ADDED VISTA EARTHQUAKE TERRITORY 027 ADDED VISTA EARTHQUAKE MULTIPLIER ADDED YEAR AT PREMISES 2014 ADDED PROPERTY DEDUCTIBLE $ 2 , 5 0 0 ADDED BUILDING VALUATION RC RATING STATE CHANGE TERRITORY CHANGE ISO TERR CHANGE SIC CODE CHANGE NAICS CODE CHANGE TYPE OF EXPOSURE CHANGE FIRE DISTRICT CHANGE COUNTY CODE CHANGE SPRINKLER CHANGE CONSTRUCTION CHANGE NUMBER OF STORIES CHANGE PROTECTION CLASS CHANGE YEAR BUILT CHANGE DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03725 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 372 of 384 AMCO INSURANCE COMPANY PREMIER BUSINESSOWNERS POLICY Policy Number: ACP BPR 3086553445 TO 12:01 A.M. Standard TimePOLICY PERIOD: FROM 03-01-14 03-01-15 PREMIUM12:01 A.M. Standard TimeEFFECTIVE DATE OF CHANGE: 12-06-14 GROUND FLOOR AREA CHANGE U L CERTIFIED ALARM CHANGE CENTRAL STATION ALARM CHANGE LOCAL ALARM INDICATOR CHANGE ZIP CODE CHANGE THEFT EXCLUSION CHANGE VISTA BCEG MULT RESULTS CHANGE ADDED BUSINESS CODE 54127 * * * * * * * * * * * * * * * * * * * * * * * * * * * LOCATION OPTIONS * * * * * * * * * * * * * * * * * * * NO. 053000 $ . 0 0 LOC-BLDG 99 01 ADDED AS-EMPLOYEE-TOOLS-IND TO : N * * * * * * * * * * * * * * * * * * * * * * * * * * ADDITIONAL INSURED * * * * * * * * * * * * * * * * * * NO. 054000 $ . 0 0 NATIONAL RETAIL PROPERTY, LP ADDED NAME NATIONAL RETAIL PROPERTY, LP ADDED ADDRESS 450 S ORANGE AVE STE 900 ADDED CITY ORLANDO ADDED STATE FL ADDED ZIP CODE 328013339 ADDED FORM NUMBER PBAI02 MUNICIPALITY CHANGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENDORSEMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHANGED ENDORSEMENT FORM FORM PBAI02 A COPY OF THIS FORM I S ATTACHED ADDED ENDORSEMENT FORM FORM PB0497 EDITION DATE 0707 A COPY OF THIS FORM I S ATTACHED DIRECT BILL 66G6 16133 INSURED COPY REPRINT 808682890 78 03726 P B 8115 (01-01) Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 373 of 384 SHADRALL BEAVERTON, LP 12155 BROADWAY ST BEAVERTON OR 970052145 12612 W ALAMEDA PKWY LAKEWOOD CO 802282824 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03727 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 374 of 384 LEGACY COURT, LLC 13625 CALIFORNIA ST STE 110 OMAHA NE 681545246 17602 WRIGHT ST OMAHA NE 681302097 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03728 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 375 of 384 EVC SLIDE LC 7208 SLIDE RD LUBBOCK TX 794242553 7208 SLIDE RD LUBBOCK TX 794242553 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03729 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 376 of 384 9121 EAST 71ST STREET HOLDINGS, LLC SEE FORM PB2500 1401 SOUTH BOULDER AVE STE 200 TULSA OK 741193649 9137 E 71ST ST, TULSA, OK 74133 AURORA CO 800140000 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03730 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 377 of 384 EVC WESTPORT LC 3501 SW FAIRLAWN RD # 300 TOPEKA KS 666143976 5836 SW 21ST ST TOPEKA KS 666044007 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03731 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 378 of 384 EVC GOLDEN, LLC 3501 SW FAIRLAWN RD STE 200 TOPEKA KS 666143975 2401 FORD ST GOLDEN CO 804012429 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03732 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 379 of 384 FIRECREEK CROSSING OF RENO, LLC JONES LANG LASALLE AMERICAS, INC. 5250 CLAREMONT AVE STE 107 STOCKTON CA 952075700 4819 KIETZKE LN RENO NV 895096549 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03733 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 380 of 384 NATIONAL RETAIL PROPERTY, LP 450 S ORANGE AVE STE 900 ORLANDO FL 328013339 19019 E 48TH ST S INDEPENDENCE MO 640556964 VITAMIN COTTAGE NATURAL FOOD MARKETS INC AMCO INSURANCE COMPANY ACP BPR 3086553445 03-01-14 To 03-01-15 Per Occurrence $1,000,000 All Occurrences $2,000,000 ACP BPR 3086553445 INSURED COPY 78 03734 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 381 of 384 NATIONAL RETAIL PROPERTY, LP 450 S. ORANGE AVENUE, SUITE 900 ORLANDO FL 32801 ACP BPR 3086553445 INSURED COPY 78 03735 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 382 of 384 IN 70 02 (06-93) DISCLOSURE FORM CLAIMS-MADE POLICY (COLORADO) IMPORTANT NOTICE TO POLICYHOLDER THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR FEATURES OF OUR CLAIMS MADE POLICY FORM. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. Your policy is either entirely or partially claims-made. The portion that is claims-made applies only to claims made against you after the inception date and before the end of the policy period involving injury or damage that occurs after the policy retroactive date. Upon termination of your policy, an extended reporting period may be available. OCCURRENCE VS. CLAIMS-MADE There is no difference in the kinds of injury or damage covered by either an "occurrence" policy or a "claims-made" policy. Claims for damages may be assigned to different policy periods, however, depending on which policy you have purchased. In an "occurrence" policy, coverage is provided for liability because of damage that occurs during the policy period, no matter when the claim is made. In your "claims-made" policy, coverage is provided for liability because of damage if the claim for damages is first made during the policy period. The claim must be a demand for damages by an injured party but it does not have to be in writing. Under most circumstances, a claim is considered made when it is received and recorded by you or by us; but sometimes, a claim may be deemed made at an earlier time. This can happen when another claim for the same injury or damage has been made, or when the claim is received and recorded during an extended reporting period. PRINCIPAL BENEFITS This policy provides coverage up the maximum dollar limit specified in the policy. The principal benefits and coverages are explained in detail in your claims-made policy. Please read it carefully and consult your agent about any questions you might have. EXCEPTIONS, REDUCTIONS AND LIMITATIONS Your claims-made policy contains certain exceptions, reductions and limitations. Please read it carefully and consult your agent about any questions you might have. RENEWALS, TAILS AND EXTENDED REPORTING PERIODS Your claims-made policy has some unique features relating to renewal, extended reporting periods, and coverage of occurrences with long periods of exposure. These special claims-made provisions are described below: Special "Claims-Made" Provisions Two concepts relating to continuity of coverage under the "claims-made" policy are especially important to under- stand. These involve the and theRetroactive Date Extended Reporting Period. IN 70 02 (06-93) Page 1 of 2 ACP BPR 3086553445 INSURED COPY 78 03736 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 383 of 384 IN 70 02 (06-93) Retroactive Date When you have a Retroactive Date entered on the Declarations page, there is no coverage for damage that occurred before the retroactive date, even if the claim is first made during the policy period. If there is no Retroactive Date block entered on the Declarations page, the policy will respond only to claims first made during the policy period for covered injury or damage, no matter when the injury or damage occurred. But if previous "occurrence" type insurance also applies to the injury or damage, your "claims-made" policy will be excess - that is, it will apply only after that previous insurance is used up. If there is a Retroactive Date, e.g., you changedit cannot be moved ahead in time, except under certain circumstances, insurers, there is a substantial change in your operations that increases you exposure to loss; you failed to provide us with information you knew about the nature of your business or premise, and then only with your written consent. It is important to understand how the "claims-made" policy's extended reporting period guarantee continuity of cov- erage if you are offered a renewal or replacement policy with a later Retroactive Date than the one in your current policy. Extended Reporting Periods or "Tails" WARNING If a claim is made the termination of your claims-made policy, you may not have coverage for that claim unlessafter you purchase an Extended Reporting Period or "tail" endorsement, which must be offered to you with at least the aggregate limit of your terminated policy, for at least one year, at a premium not to exceed 200% of your terminated policy premium. Carefully review the policy provisions regarding the available extended reporting period, especially the length of coverage and price, and the time during which you must purchase or accept any offered extended reporting period. Your signature indicates that you have read this form and that your agent has explained the above provisions to you. Insured's Signature Agent's Signature Name of Insurance Company Name and Address of Insurance Agent NOTE TO THE AGENT: 1. You are required by law to maintain a copy of this form in your files at least 2 years beyond the term of this policy. 2. Please return one original copy of this form with the insured's and your signature thereon. IN 70 02 (06-93) Page 2 of 2 ACP BPR 3086553445 INSURED COPY 78 03737 Case 1:16-cv-01326-RPM Document 6-2 Filed 10/26/16 USDC Colorado Page 384 of 384
