MANITOBA OFF ROAD VEHICLE POLICY

INDEX

Introduction………………………………………………………………………………………………………………….…...... 2

Insuring Agreements…………………………………………………………………………………………………………………………………………………………………………….2

Definitions…………..……………………………………………………………………………………………….…………..………………………….……………….………….3

Section A – Excess Third Party Liability………………….………..………………………………………………..…………….…………………………….…………..4 -Excess Underinsured Motorist Protection………………………………………………….…………….………….….………………….…….…...5

Section B – Accident Benefits and Uninsured Motorist Coverage………………….…….………………………………………………………….………...6 – Search & Rescue Expense Endorsement……………………………………………………………………………………………………..….………6

Section C – Loss of or Damage to Insured Automobile…..………………………………………………….…………………………………………….…………7

General Provisions, Definitions and Exclusions……………………………………………………………………………………………………………………..11

Statutory Conditions…………..…………………………………………………………………………………………………………….……………………………………….…….13

Lloyd’s Standard Endorsement Schedule…………..…………………………………………….………………………………………………………………..……….…….17

OFFRDMB0620

INTRODUCTION

This is Your Off-Road Vehicle Policy. Together with the Manitoba Off-Road Vehicles Act and the Manitoba Public Insurance Corporation Act this Policy details the contract between You and the Insurer. Please read Your Policy carefully and consult the Manitoba Off-Road Vehicles Act, the Manitoba Off-Road Vehicle Insurance Coverage Regulation, and the Manitoba Public Insurance Corporation Act so You know Your rights and obligations and the obligations of the Insurer.

Where: (a) an applicant for a contract: (i) gives false particulars of the described automobile to be insured to the prejudice of the Insurer; or (ii) knowingly misrepresents or fails to disclose in the application any fact required to be stated therein; (b) the Insured contravenes a term of the contract or commits fraud; or (c) the Insured willfully makes a false statement in respect to a claim under the contract; a claim by the Insured is invalid and the right of the Insured to recover indemnity is forfeited.

THIS POLICY CONTAINS A PARTIAL PAYMENT OF LOSS CLAUSE

INSURING AGREEMENTS

In consideration of the premium specified and of the statements contained in Your Application for Off-Road Vehicle Insurance subject to the Statutory Conditions, limits provisions, exclusions, endorsements and conditions contained herein and subject, insofar as applicable, to the terms, conditions, provisions, definitions and exclusions specified in the Off-Road Vehicle Insurance Coverage Regulation under The Manitoba Public Insurance Corporation Act, as from time to time amended, the Insurer agrees to indemnify the Insured against those perils for which a limit or amount of insurance is specified in this contract but only for those Off-Road Vehicle(s) as described on Your Certificate of Automobile Insurance.

All amounts of insurance, premiums and other amounts as expressed in this Policy are in Canadian currency.

The Certificate of Automobile Insurance summarizes the Insurance coverage You have selected and the premiums, limits, amounts and deductibles that apply to them. Among other things, the Certificate of Automobile Insurance also identifies the Policyholder, the Policy term and any endorsements that apply to Your insurance coverage.

Only losses that occur within the Policy term shown on the Certificate of Automobile Insurance will be covered under this Policy. There will be no coverage for any loss that occurred or was in progress prior to the Policy period inception date or after the Policy period expiry date shown on the Certificate of Automobile Insurance.

Insurance cannot be a source of profit. It is only designed to indemnify You against actual losses incurred by You or for which You are liable.

This Policy is subject to all terms and conditions of the Manitoba Public Insurance Corporation Act and the Off-Road Vehicle Insurance Coverage Regulation, as well as all conditions stated in this Policy. If there is a conflict between the Act and/or Regulation and this Policy wording, the wordings of Your Off-Road Vehicle Policy will prevail.

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DEFINITIONS

“You” or “Your” means the person(s) named as Insured on the Certificate of Automobile Insurance.

“We”, “Us” or “Insurer” means LLOYD’S with respect to Section A – Third Party Liability and Section B – Accident Benefits, and MAX INSURANCE with respect to Section C - Loss Or Damage To Described Automobile.

“The Act” means The Manitoba Public Insurance Corporation Act.

“The Regulation” means the Off-Road Vehicle Insurance Coverage Regulation under The Manitoba Public Insurance Corporation Act.

“Automobile”, for the purposes of this Policy only, is hereby defined as an Off-Road Vehicle as described on Your Certificate of Automobile Insurance.

“Described Automobile” means the Automobile listed on Your Certificate of Automobile Insurance.

"Off-Road Vehicle" means any wheeled or tracked motorized vehicle designed or adapted for cross-country travel on land, water, ice, snow, marsh, swamp land or other natural terrain and includes, and is limited to, (a) a snowmobile, (b) an all-terrain vehicle (ATV) (c) a dirt-bike or trail-bike, but does not include an implement of husbandry, farm tractor, special mobile machine, garden tractor, lawn tractor, golf cart, mini bike, a miniature vehicle such as a dune or sport buggy, an off-road maintenance machine, or a four-wheel drive motor vehicle, motorcycle or snow vehicle that is being driven elsewhere than on a highway, whether or not it is registered under The Drivers and Vehicles Act.

“ATV” means the all terrain vehicle(s) described on the Certificate of Automobile Insurance, including any permanently attached equipment or accessories. An "All Terrain Vehicle" is defined as an off-road vehicle that (a) operates or travels on four or more low-pressure tires; (b) has a seat designed to be straddled by the operator of the vehicle, or has side-by-side seating; and (c) has handlebars or a steering wheel for steering the vehicle.

“Dirt-Bike” or “Trail-Bike” means the off-road motorcycle(s) described on the Certificate of Automobile Insurance, including any permanently attached equipment or accessories. A “Dirt-Bike" or “Trail-Bike” is defined as an off-road vehicle that (a) operates or travels on two wheels; (b) is not licensed for use on public roads.

“Snowmobile” means the snowmobile(s) described on the Certificate of Automobile Insurance, including any permanently attached equipment or accessories. A "Snowmobile" is defined as a vehicle that has a gross vehicle weight not exceeding 454 kilograms and (a) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller, (b) is designed primarily for operating over snow or ice, and is used primarily for that purpose, and (c) is designed to be self-propelled.

“Occupant” means a person driving, being carried in or upon or entering or getting on to or alighting from the Described Automobile.

"Actual Cash Value" means various factors shall be considered in the determination of actual cash value. Such factors shall include but are not limited to replacement cost less any depreciation and market value. In determining depreciation consideration shall be given to the condition of the property immediately before the loss or damage, the resale value, the normal life expectancy of the property and obsolescence.

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SECTION A – EXCESS THIRD PARTY LIABILITY and EXCESS UNDERINSURED MOTORIST PROTECTION THIS COVERAGE PROVIDED BY LLOYD’S

EXCESS THIRD PARTY LIABILITY The people insured under this section are the same as those under your Manitoba Public Insurance compulsory Basic Insurance Third Party Liability Coverage.

Coverage provided by this contract that extends the limit of coverage that is specified in a certificate or a policy is provided on the same terms and conditions that are extended, except in respect of a prohibition, exclusion or different limit of coverage that is permitted by the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder.

The Insurer agrees to extend the limit of third party liability provided to the Insured by Manitoba Public Insurance (referred to as MPI hereon in) under the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder to the amount shown on the Application and/or Declaration. Coverage provided by MPI is the first loss motor vehicle liability insurance, and Coverage under this section provided by the Insurer is limited to the amount indicated on the Application and/or Declaration reduced by the third party liability limit that is provided by MPI under the basic coverage under the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder.

This policy is written subject to the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder that requires that if an insured places optional excess Third Party Liability insurance coverages none of which is excess to the others, with more than one insurer, the insured is only covered up to the highest limit with any one insurer.

SPECIAL PROVISIONS SECTION A – EXCESS THIRD PARTY LIABILITY 1) The Excess Insurer's ultimate net loss liability shall not exceed the limit stated in the Application and/or Declaration in excess of the limit(s) of the first loss policy, and the underlying excess policy(ies) thereof or such amount as the first loss insurer and the underlying excess insurer shall be liable to pay under statute, whichever is the greater. The phrase "ultimate net loss" used in this policy means the amount payable in settlement of the liability of the Insured after making deductions for all recoveries and for other valid and collectible insurance excepting the first loss and underlying policy(ies) and shall exclude all expenses and costs. 2) The word "costs" used in this policy means interest accruing after entry of judgment upon that part of the judgment which is within the limit of the Excess Insurer's liability, investigation, adjustment and legal expenses, excluding, however, all office expenses of the Insured, all expenses of salaried employees of the Insured and general retainer fees for counsel normally paid by the Insured. 3) The Excess Insurer agrees to pay costs incurred by or on behalf of the Insured where these costs are not covered by the first loss or underlying excess policy(ies), on the following basis: a) should any claim or claims become adjustable prior to the commencement of trial for not more than the first loss and underlying excess policy limit(s) then no cost shall be payable by the Excess Insurer; b) should, however, the amount for which said claim or claims may be so adjustable exceed the first loss and underlying excess policy(ies) limit(s), then the Excess Insurer shall contribute to the costs incurred on behalf of the Insured in the ratio that the Excess Insurer's proportion of the ultimate net loss as finally adjusted bears to the whole amount of such ultimate net loss; c) in the event that the Insured or the Insurer under the first loss policy elects not to appeal a judgment in excess of the limit(s) of the first loss and underlying excess policy (ies), the Excess Insurer may elect to conduct such appeal and shall be liable for the taxable costs and interest incidental thereto; but in no event shall the total liability of the Excess Insurer exceed the limit of liability stated in the application, plus the expense of such appeal. 4) All recoveries or payments recovered or received subsequent to a loss settlement under this policy shall be applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Insured and the Excess Insurer, provided always that nothing in this policy shall be construed to mean that losses under this policy are not payable until the Insured's ultimate net loss has finally been ascertained. 5) Liability to pay under this policy shall not attach unless and until the first loss and underlying excess Insurer(s) shall have admitted liability for the first loss and underlying excess limit(s) or unless and until the Insurer has by final judgment been adjudged to pay an amount which exceeds such first loss and underlying excess limit(s) and then only after the first loss and underlying excess insurer(s) has/have paid or has/have been held liable to pay the full amount of the first loss and underlying excess limit(s).

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6) Neither the inclusion of more than one entity in the name of the Insured nor the addition of any additional Insured under this policy shall in any way operate to increase the limit of liability set forth in the Application and/or Declaration. 7) Notwithstanding Statutory Condition 4 or any similar condition in a first loss vehicle policy issued to the Insured by MPI, the Insured is only required to give the Excess Insurer notice of any accident if the claim or claims possibly arising there from appear likely to exceed the limit of the first loss policy, in which case immediate written notice thereof must be given to the Excess Insurer or its agent mentioned in the Application and/or Declaration. 8) Nothing in Statutory Condition 8 shall in any way affect the operation of the provision in the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder providing that where the limit of coverage specified in a certificate or a policy that is extended by an optional insurance contract is terminated, the coverage in the optional coverage excess contract is automatically terminated. In the event that this policy is automatically terminated, the Excess Insurer agrees to refund the excess of premium actually paid over the proportionate premium for the expired term (subject to any minimum retained premium specified) as soon as practicable, but if there is any proportionate premium unpaid the Insured agrees to pay this.

Unless otherwise defined in this policy words and phrases used in this policy have the meaning given to them by the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder and apply to this policy even if in the context of the Act or Regulation they apply only to the universal compulsory vehicle insurance.

EXCESS UNDERINSURED MOTORIST PROTECTION The people insured under this section are the same as those under your MPI compulsory Basic Insurance Underinsured Motorist Protection.

Coverage provided by this contract that extends the limit of coverage that is specified in a certificate or a policy is provided on the same terms and conditions of the contract that is extended, except in respect of a prohibition, exclusion or different limit of coverage that is permitted by the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder

IN CONSIDERATION of the payment of the premium specified and of the statements contained in the Application and/or Declaration and subject to the limits, special provisions and conditions herein stated and subject insofar as applicable, to the terms, conditions, general provisions, definitions and exclusions of the first loss underinsured motorist protection insurance, as described in the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder, which insurance is provided to the Insured by MPI, and the terms, conditions, general provisions, definitions and exclusions of which are by reference incorporated herein, the Excess Insurer agrees to compensate the Insured, or a person who has a claim in respect of the death of the Insured, where death or injury of an Insured is caused by an accident that arises out of the use or operation of a vehicle by an underinsured motorist and occurs in Canada or the United States of America or on a vessel travelling between Canada and the United States of America.

SPECIAL PROVISIONS OF SECTION A - EXCESS UNDERINSURED MOTORIST PROTECTION 1) The Excess Insurer's liability shall not exceed the limit per insured person stated in the Application and/or Declaration and is reduced by and in excess of the limit per insured person of the first loss underinsured motorist protection insurance that is provided by the first loss Underinsured Motorist Protection Insurer, MPI. This policy is written subject to the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder that requires that if an insured places optional Excess Underinsured Motorist Protection insurance coverages none of which is excess to the others, with more than one insurer, the insured is only covered up to the highest limit with any one insurer. 2) The Excess Insurer's liability to compensate an Insured under this section of the policy shall attach AFTER the applicable circumstance as described in the following subsections: a) when MPI – the first loss underinsured motorist insurer shall have paid to the insured the limit of the first loss underinsured motorist protection insurer’s liability to that insured under the first loss policy; or b) when there are “deductible amounts” applicable under the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder,after MPI has deducted all such “deductible amounts” resulting in a payment of the balance of the first loss underinsured motorist protection insurer’s liability to that insured under the first loss policy; or c) when MPI – the first loss underinsured motorist insurer having deducted all “deductible amounts” as prescribed in the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder, and the total of those deductibles exactly equal MPI’s obligation under the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder before the deductible(s) were applied resulting in a payment due to the Insured by MPI of zero; or d) when MPI – the first loss underinsured motorist insurer having deducted the “deductible amounts” as prescribed in the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder, that equal MPI’s obligation

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under the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder resulting in a payment due to the Insured by MPI of zero but additional deductible amounts remain, this section of the policy shall attach subject to the deduction of the sum of such additional deductibles. 3) Notwithstanding Statutory Condition 4, or any similar condition in a vehicle policy or owner’s certificate for basic universal insurance that are issued by MPI, an Insured is only required to give the Excess Insurer notice of any accident if the underinsured motorist protection claim(s) possibly arising there from appear (s) likely to exceed the per insured person limit of the first loss underinsured motorist protection insurance policy, in which case immediate written notice of the accident must be given to the Excess Insurer. 4) Nothing in Statutory Condition 8 shall in any way affect the operation of the provision in the MANITOBA PUBLIC INSURANCE CORPORATION ACT and the regulations thereunder providing that where the limit of coverage specified in a certificate or a policy that is extended by an optional insurance contract is terminated, the coverage in the optional coverage excess contract is automatically terminated. In the event that this policy is thus automatically terminated, the Excess Insurer agrees to refund the excess of premium actually paid over the proportionate premium for the expired term (subject to any minimum retained premium specified) as soon as practicable, but if there is any proportionate premium unpaid the Insured agrees to pay this.

Coverage provided by this contract that extends the limit of coverage that is specified in a certificate or a policy is provided on the same terms and conditions of the coverage that is extended, except in respect of a prohibition, exclusion or different limit of coverage that is permitted by the Insurance (Vehicle) Act.

See also General Provisions, Definitions, Exclusions and Statutory Conditions of this policy.

SECTION B - ACCIDENT BENEFITS and UNINSURED MOTORIST COVER THIS COVERAGE PROVIDED BY LLOYD’S

The insurer agrees to pay in accordance with the MANITOBA PUBLIC INSURANCE CORPORATION ACT (C.C.S.M. c. P.215), and the Off Road Insurance Coverage Regulation 139/2000, PART II ACCIDENT INSURANCE BENEFITS.

SEARCH AND RESCUE EXPENSE ENDORSEMENT We will pay up to $25,000 for the reasonable and customary expenses you are obligated to pay by reason of liability imposed upon you by law or statute in the event Search & Rescue is involved in an incident under the guidance of the Provincial Emergency Program or similar authority. No deductible applies to this coverage

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SECTION C – LOSS OR DAMAGE TO DESCRIBED AUTOMOBILE THIS COVERAGE PROVIDED BY MAX INSURANCE

PROPERTY INSURED Automobile(s) as described on the Certificate of Automobile Insurance, anywhere Canada, the United States of America or upon a vessel plying between ports of those countries.

The Insurer agrees to indemnify the Insured against direct and accidental loss of or damage to the Described Automobile including its equipment

Subsection 1 - ALL PERILS - from all perils;

Subsection 2 - COMPREHENSIVE - from any peril other than by collision with another object or by upset; The words “another object” as used in this subsection 2 shall be deemed to include (a) a vehicle to which the automobile is attached and (b) the surface of the ground and any object therein or thereon. Loss or damage caused by missiles, falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail, rising water, malicious mischief, riot or civil commotion shall be deemed loss or damage caused by perils for which insurance is provided under this subsection 2.

DEDUCTIBLE CLAUSE Each occurrence causing loss or damage covered under any subsection of section C, shall give rise to a separate claim in respect of which the Insurer’s liability shall be limited to the amount of loss or damage in excess of the deductible amount, as stated in the a the application and/or on the Certificate of Automobile Insurance. This deductible clause is not applicable in the event of a total or constructive total loss.

EXTENDED COVERAGE For items 1, 2 & 3 of the following extensions of coverage you are insured against direct and accidental loss or damage by either 1. ALL PERILS or 2. COMPREHENSIVE as indicated on the Declaration page and being the same perils as selected for your Off Road Vehicle all subject to the policy conditions and exclusions.

1. Trailer / Truck Deck This Policy includes coverage for a trailer or truck deck that You may have. It must be used exclusively to transport the Described Automobile. If desired, this insured amount may be increased for an additional premium.

In the event of a total loss, if You replace the trailer/truck deck, We will pay the lesser of the amount of the cost of replacing the trailer/truck deck or the limit of Insurance shown on the Certificate of Automobile Insurance. If You do not replace the trailer/truck deck We will pay the lesser amount of the Actual Cash Value of the trailer/truck deck at the time of loss or the limit of insurance shown on the Certificate of Automobile Insurance.

In the event of a partial loss We will reimburse You for the reasonable cost of repairs actually incurred, without deduction for depreciation, with the exception of tires, up to the limit of insurance shown on the Certificate of Automobile Insurance.

All losses will be subject to a deductible of $250.

2. Riding Gear Insurance This Policy includes coverage for Your riding gear, as well as that of Your immediate family, that is used exclusively with the Described Automobile. Riding gear is limited to helmets, specific purpose jackets, pants and suits, gloves, riding boots and avalanche safety equipment. If desired, this insured amount may be increased for an additional premium.

In the event of a loss, We will reimburse You for the costs You incur to repair or replace Your riding gear with items of like kind and quality up to the limit of insurance shown on the Certificate of Automobile Insurance. If You choose not to repair or replace the riding gear We will pay You the lesser amount of the Actual Cash Value of Your riding gear at the time of the loss or the limit of insurance shown on the Certificate of Automobile Insurance.

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All losses will be subject to a deductible of $250.

3. Safety / Maintenance Equipment Insurance This Policy includes $250 for safety and maintenance equipment that is used exclusively with the Described Automobile. Safety Equipment is limited to one first aid kit, one fire extinguisher, one flashlight, six warning flares and two warning cones, or flags or reflectors. Maintenance Equipment is limited to one set of booster cables, a towing cable, four snow chains, one wheel wrench, a vehicle tarp cover and a dedicated tool kit.

In the event of a loss, We will reimburse You for the costs You incur to repair or replace the safety equipment with items of like kind and quality up to the limit of insurance shown on the Certificate of Automobile Insurance. If You choose not to repair or replace the safety equipment We will pay You the lesser amount of the Actual Cash Value of Your safety equipment at the time of the loss or the limit of insurance shown on the Certificate of Automobile Insurance.

All losses will be subject to a deductible of $250.

4. Lock Rekeying We will reimburse You to a maximum of $1,000 for the cost of rekeying the locks or recoding the Described Automobile if the keys or a coded key to the Described Automobile are stolen.

No deductible applies to this coverage.

5. Travel Protection & Loss Of Use In the event You are involved in an accident, or if Your Described Automobile is stolen while You are travelling away from Your home We will reimburse You for the following: 1. the cost of delivering Your damaged Described Automobile back home for repairs, or delivery of the recovered Described Automobile back home to a maximum of $750 2. the costs incurred to rent a substitute automobile of similar size and type as the Described Automobile, not exceed $50 per day nor totaling a total maximum limit of $750 3. additional living expenses (lodging, meals, transportation and phone calls) You and Your immediate family incur because of damage to, or theft of Your Described Automobile, subject to a maximum of $750 4. travel expenses You and Your immediate family incur to return home using the most direct route, or the cost of a rental vehicle, to a maximum of $750

No deductible applies to this coverage.

6. Reward Coverage We will pay up to $500 to any one person, other than law enforcement officers or agencies, for information that leads to a conviction for arson or theft in connection with loss or damage to the Described Automobile or any other Property described in the Extended Coverage insured by this Policy.

No deductible applies to this coverage.

7. Liberalization Clause If during the term of this Policy We change the insurance of the kind provided by this Policy to provide more coverage at no additional cost, You will automatically benefit from that change at no increase in premium.

8. Additional Agreements of Insurer Where loss or damage arises from a peril for which a premium is specified under a subsection of this section, the Insurer further agrees: (a) to pay general average, salvage and fire department charges and customs duties of Canada or of the United States of America for which the Insured is legally liable; (b) to indemnify the Insured and any other person who personally drives a temporary substitute automobile as defined in the General Provisions of this Policy against the liability imposed by law or assumed by the Insured or such other

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person under any contract or agreement for direct and accidental physical loss or damage to such automobile and arising from the care, custody and control thereof; provided always that: (i) such indemnity is subject to the deductible clause and exclusions of each such subsection; (ii) if the owner of such automobile has or places insurance against any peril insured by this section, the indemnity provided herein shall be limited to the sum by which the deductible amount, if any, of such other insurance exceeds the deductible amount stated in the applicable subsection of this Policy; (iii) the Additional Agreements under section A of this Policy shall, insofar as they are applicable, extend to the indemnity provided herein.

EXCLUSIONS The Insurer shall not be liable, (1) under any subsection of Section C for loss or damage (a) consisting of or caused by mechanical fracture or breakdown of any part of the Described Automobile or by rusting, corrosion, wear and tear, the weight of the load exceeding manufacturer’s designated capacity of the Described Automobile, freezing, or explosion within the combustion chamber, unless the loss or damage is coincident with other loss or damage covered by such subsection or is caused by fire, theft or malicious mischief covered by such subsection; (b) caused by the conversion, embezzlement, theft or secretion by any person in lawful possession of the Described Automobile under a mortgage, conditional sale, lease or other similar written agreement; (c) caused by the voluntary parting with title or ownership, whether or not induced to do so by any fraudulent scheme, trick, device or false pretense; (d) caused directly or indirectly by contamination by radioactive material; (e) to contents of trailers; (f) to audio / video equipment not attached to the Described Automobile; (g) where the Insured drives or operates the Described Automobile (i) while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the Described Automobile; (ii) while in a condition for which he is convicted of an offence under section 253 of the Criminal Code (Canada) or under or in connection with circumstances for which he is convicted of an offence under section 254 of the Criminal Code (Canada); (h) where the Insured permits, suffers, allows or connives at the use of the Described Automobile by any person contrary to the provisions of (g); (i) where any operator contravenes any section of the Manitoba Off-Road Vehicles Act, the Manitoba Off-Road Vehicle Insurance Coverage Regulation, or the Manitoba Public Insurance Corporation Act; (j) caused by deterioration, dampness of atmosphere, extreme of temperature, contamination, vermin or insects, inherent vice or latent defect, rust or corrosion, wet or dry rot, mould, settling, expansion, contraction, shifting, bulging, buckling or cracking, unless loss or damage by fire or explosion ensues and then only for the loss or damage resulting from such ensuing fire or explosion; (k) resulting from the cost of making good faulty workmanship, construction or design; (l) to electrical devices or appliances caused by electrical current other than lightning, unless loss or damage by fire or explosion ensues, and then only for the loss or damage resulting from such ensuing fire or explosion; (m) resulting from the use or operation of the Described Automobile for racing or competition, including use in any speed, timed, hill climb, racing or performance riding events; or for any business or commercial purpose, including farming, landscaping or snow removal; (n) resulting from damage caused by the Described Automobile being used purposely and with foresight on a non- frozen body of water where the Described Automobile is or becomes fully submerged in water. This does not include using the Described Automobile on frozen bodies of water designated with trails, or fording rivers or streams where the Described Automobile does not become fully submerged in water; (o) to tires, tracks and/or skis consisting of or caused by mechanical fracture or breakdown of any part of the Described Automobile, or by rusting, corrosion, wear and tear, the weight of the load exceeding manufacturer’s designated capacity of the Described Automobile, freezing, or explosion within the combustion chamber, BUT We will be liable if the loss or damage is coincident with other loss or damage which is covered; (p) caused by theft by any person or persons residing in the same dwelling premises as the Insured, or by any employee of the Insured engaged in the operation, maintenance or repair of the Described Automobile whether the theft occurs during the hours of such service or employment or not.

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In addition to the above exclusions,

Notwithstanding any other similar clause in this Policy or any other Policy or any other Policy regulation, if any other insurance applies to loss or damage, or would have applied if this policy did not exist, this policy will be considered excess and will not pay or contribute any loss or damage until the amount of such other insurance has been used up.

PROPERTY EXCLUDED This Policy does not insure: (1) motorized vehicles (except the Described Automobile) or personal property of the Insured or others; (2) property pertaining to a farm, business, profession or occupation; (3) property rented or used for compensation for hire; (4) property illegally acquired, kept, stored or transported; (5) property seized or confiscated for breach of law or by order of civil authority, but this exclusion shall not apply to property seized or confiscated for the purpose of destruction at the time of fire for the prevention of the spread of such fire; or (6) property while waterborne except while on a regular ferry or railway car transfer in connection with land transportation

ADDITIONAL AGREEMENT With respect to automobiles for which All Perils coverage is provided under the Off-Road Vehicle Coverage Regulation of the Manitoba Public Insurance Corporation Act:

Loss or damage caused directly from a peril for which coverage has been purchased under Section C of this Policy and for which coverage is provided under the Off-Road Vehicle Coverage Regulation of the Manitoba Public Insurance Corporation Act, the Insurer agrees to indemnify the Insured for the difference between the deductible amount stated on Your Certificate of Automobile Insurance and the applicable deductible under the Off-Road Vehicle Coverage Regulation of the Manitoba Public Insurance Corporation Act for such loss or damage.

See also General Provisions, Definitions, Exclusions and Statutory Conditions of this Policy.

BASIS OF SETTLEMENT For total losses We will pay the amount of insurance shown for Your Automobile on the Certificate of Automobile Insurance. We will pay that amount, if the reasonable expense of recovering and repairing the Described Automobile equals or exceeds the amount stated on the Certificate of Automobile Insurance.

In the event of partial losses We will reimburse You based on the reasonable cost of repairs actually incurred. We will pay losses without any deduction for depreciation, with the exception of tires and batteries. If the damage to the Described Automobile or its equipment is not repaired: (1) We will not be liable for more than the actual cash value of the damaged parts. That value will not exceed what it would cost to repair the damaged property with material of like kind and quality (2) We will not pay for unrepaired damage in addition to a payment for a subsequent total loss of the Described Automobile and its equipment (3) We will not be liable for any unrepaired damage that amounts to more than the amount of insurance shown for the Described Automobile at the time this insurance terminates.

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GENERAL PROVISIONS, DEFINITIONS AND EXCLUSIONS

1. TERRITORY This Policy applies only while the Described Automobile is being operated, used, stored or parked within Canada, the United States of America or upon a vessel plying between ports of those countries.

2. CONSENT OF OWNER No person shall be entitled to indemnity or payment under this Policy who is an occupant of any automobile which is being used without the consent of the owner thereof.

3. GARAGE PERSONNEL EXCLUDED No person who is engaged in the business of selling, repairing, maintaining, storing, servicing or parking automobiles shall be entitled to indemnity or payment under this Policy for any loss, damage, injury or death sustained while engaged in the use or operation of or while working upon the Described Automobile in the course of that business or while so engaged is an occupant of the Described Automobile or a newly acquired automobile as defined in this Policy, unless the person is the owner of such automobile or his employee or partner.

4. NEWLY ACQUIRED AUTOMOBILE An automobile, the ownership of which is acquired by the Insured and, within fourteen days following the date of its delivery to him, notified to the Insurer in respect of which the Insured has no other valid insurance, if either it replaces an automobile described in the application or the Insurer insures (in respect of the section or subsection of the Insuring Agreements under which claim is made) all automobiles owned by the Insured at such delivery date and in respect of which the Insured pays any additional premium required; provided however, that insurance hereunder shall not apply if the Insured is engaged in the business of selling automobiles;

5. TWO OR MORE AUTOMOBILES (a) When two or more automobiles are described hereunder, each automobile shall be held to be separate automobiles with respect to the limit(s) of coverage, including deductible provisions, under Insuring Agreement C.

6. WAR RISKS EXCLUDED The Insurer shall not be liable under section C of this Policy for any loss, damage, injury or death caused directly or indirectly by bombardment, invasion, civil war, insurrection, rebellion, revolution, military or usurped power, or by operation of armed forces while engaged in hostilities, whether war be declared or not.

7. EXCLUDED USES Unless coverage is expressly given by an endorsement of this Policy, the Insurer shall not be liable under Section C of this Policy while: (a) the Described Automobile is rented or leased to another person, but does not include the use by an employee of the employer’s in the business of the employee’s employer for which the employee is paid; (b) the Described Automobile is used to carry explosives, or to carry radioactive material for research, education, development or industrial purposes, or for purposes incidental to those purposes. “Radioactive material” means (i) spent nuclear fuel rods that have been exposed to radiation in a nuclear reactor, (ii) radioactive material waste, (iii) unused enriched nuclear fuel rods, or (iv) any other radioactive material of such quantity and quantity as to be harmful to persons or property if its container were destroyed or damaged; (c) the Described Automobile is used as a taxicab, public omnibus, livery, jitney or sightseeing conveyance or for carrying passengers for compensation or hire provided that the following uses shall not be deemed to be the carrying of passengers for compensation or hire: (i) the use by the Insured of his Described Automobile for the carriage of another person in return for the Insured’s carriage in the automobile of the other person; (ii) the occasional and infrequent use of the Insured of the Described Automobile for the carriage of another person who shares the cost of the trip; (iii) the use by the Insured of his Described Automobile for the carriage of a temporary or permanent domestic servant of the Insured or the Insured’s spouse or adult interdependent partner; (iv) the occasional and infrequent use by a person of the Described Automobile for the transportation of

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children to or from activities conducted as part of an educational program; (v) the use by the Insured of his Described Automobile for the carriage of a client or customer or prospective client or customer.

8. LIMITATION OF ACTIONS Every action or proceeding against an Insurer for the recovery of insurance money payable under this contract is absolutely barred unless commenced within the time set out in the Insurance Act.

9. YOUR RESPONSIBILITIES The information you have provided to us, including but not limited to the statements contained in any application for insurance, has formed the basis on which your policy has been issued and rated by us. If any information changes at any time in the future with respect to any statement or representation you have made, it is considered material and must be reported to us immediately. Failure to do so may result in your claim being denied or your policy becoming void from the date of such material change.

Without restricting the generality of the foregoing, changes considered material include, but are not limited to, the use, value, modifications to, horsepower rating or operators of the Described Automobile.

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STATUTORY CONDITIONS In these statutory conditions, unless the context otherwise requires, the word "Insured" means a person insured by this contract whether named or not.

Material change in risk 1(1) The Insured named in this contract shall promptly notify the Insurer or its local agent in writing of any change in the risk material to the contract and within his knowledge.

Definition 1(2) Without restricting the generality of the foregoing, the words "change in the risk material to the contract" include: (a) any change in the insurable interest of the Insured named in this contract in the automobile by sale, assignment or otherwise, except through change of title by succession, death or proceedings under the Bankruptcy Act (Canada); and in respect of insurance against loss of or damage to the automobile, (b) any mortgage, lien or encumbrance affecting the automobile after the application for this contract; (c) any other insurance of the same interest, whether valid or not, covering loss or damage Insured by this contract or any portion thereof.

Prohibited use by Insured 2(1) The Insured shall not drive or operate the automobile (a) unless he is for the time being either authorized by law or qualified to drive or operate the automobile; or (b) while his licence to drive or operate an automobile is suspended or while his right to obtain a licence is suspended or while he is prohibited under order of any court from driving or operating an automobile; or (c) while he is under the age of 16 years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued to him; or (d) for any illicit or prohibited trade or transportation; or (e) in any race or speed test.

Prohibited use by others 2(2) The Insured shall not permit, suffer, allow or connive at the use of the automobile (a) by any person (i) unless that person is for the time being either authorized by law or qualified to drive or operate the automobile, or (ii) while that person is under the age of 16 years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be issued; or (b) by any person who is a member of the household of the Insured while his licence to drive or operate an automobile is suspended or while his right to obtain a licence is suspended or while he is prohibited under order of any court from driving or operating an automobile; or (c) for any illicit or prohibited trade or transportation; or (d) in any race or speed test.

Requirements where loss or damage to persons or property 3(1) The Insured shall,

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(a) promptly give to the Insurer written notice, with all available particulars, of any accident involving loss or damage to persons or property and of any claim made on account of the accident; (b) verify by statutory declaration, if required by the Insurer, that the claim arose out of the use or operation of the automobile and that the person operating or responsible for the operation of the automobile at the time of the accident is a person insured under this contract; and (c) forward immediately to the Insurer every letter, document, advice or writ received by him from or on behalf of the claimant.

Prohibited acts of Insured 3(2) The Insured shall not (a) voluntarily assume any liability or settle any claim except at his own cost; or (b) interfere in any negotiations for settlement or in any legal proceeding.

Obligation of Insured 3(3) The Insured shall, whenever requested by the Insurer, aid in securing information and evidence and the attendance of any witness and shall co-operate with the Insurer, except in a pecuniary way, in the defence of any action or proceeding or in the prosecution of any appeal.

Requirements where loss or damage to automobile 4(1) Where loss of or damage to the automobile occurs, the Insured shall, if the loss or damage is covered by this contract, (a) promptly give notice thereon in writing to the Insurer with the fullest information obtainable at the time; (b) at the expense of the Insurer, and as far as reasonably possible, protect the automobile from further loss or damage; and (c) deliver to the Insurer within 90 days after the date of the loss or damage a statutory declaration stating, to the best of his knowledge and belief, the place, time, cause and amount of the loss or damage, the interest of the Insured and of all others therein, the encumbrances thereon, all other insurance, whether valid or not, covering the automobile and that the loss or damage did not occur through any wilful act or neglect, procurement, means or connivance of the Insured.

Further loss 4(2) Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under subcondition (1) of this condition is not recoverable under this contract.

Repair 4(3) No repairs, other than those that are immediately necessary for the protection of the automobile from further loss or damage, shall be undertaken and no physical evidence of the loss or damage shall be removed, (a) without the written consent of the Insurer; or (b) until the Insurer has had a reasonable time to make the examination for which provision is made in statutory condition 5.

Examination of Insured 4(4) The Insured shall submit to examination under oath, and shall produce for examination at such reasonable place and time as is designated by the Insurer or its representative all documents in his possession or control that relate to the matters in question, and he shall permit extracts and copies thereof to be made.

Insurer liable for cash value of automobile

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4(5) The Insurer shall not be liable for more than the actual cash value of the automobile at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to that actual cash value with proper deduction for depreciation, however caused, and shall not exceed the amount that it would cost to repair or replace the automobile, or any part thereof, with material of like kind and quality, but, if any part of the automobile is obsolete and out of stock, the liability of the Insurer in respect thereof shall be limited to the value of that part at the time of loss or damage, not exceeding the maker's latest list price.

Repair or replacement 4(6) Except where an appraisal has been made, the Insurer, instead of making payment, may, within a reasonable time, repair, rebuild or replace the property damaged or lost with other of like kind and quality if, within seven days after the receipt of the proof of loss, it gives written notice of its intention to do so.

No abandonment; salvage 4(7) There shall be no abandonment of the automobile to the Insurer without the Insurer's consent. If the Insurer exercises the option to replace the automobile or pays the actual cash value of the automobile, the salvage, if any, shall vest in the Insurer.

In case of disagreement 4(8) In the event of disagreement as to the nature and extent of the repairs and replacements required, or as to their adequacy, if effected, or as to the amount payable in respect of any loss or damage, those questions shall be determined by appraisal as provided under The Insurance Act before there can be recovery under this contract, whether the right to recover on the contract is disputed or not, and independently of all other questions. There shall be no right to an appraisal until a specific demand therefor is made in writing and until after proof of loss has been delivered.

Inspection of automobile 5 The Insured shall permit the Insurer at all reasonable times to inspect the automobile and its equipment.

Time and manner of payment of insurance money 6(1) The Insurer shall pay the insurance money for which it is liable under this contract within 60 days after the proof of loss has been received by it or, where an appraisal is made under subcondition (8) of statutory condition 4, within 15 days after the award is rendered by the appraisers.

When action may be brought 6(2) The Insured shall not bring an action to recover the amount of a claim under this contract unless the requirements of statutory conditions 3 and 4 are complied with or until the amount of the loss has been ascertained as therein provided or by a judgment against the Insured after trial of the issue or by agreement between the parties with the written consent of the Insurer.

Limitation of actions 6(3) Every action or proceeding under the contract against the Insurer in respect of a claim for indemnification for liability of the Insured for loss or damage to property of another person or for personal injury to or death of another person shall be commenced within two years after the liability of the Insured is established by a court of competent jurisdiction and not afterwards. Every other action or proceeding against the Insurer under the contract, in respect of loss or damage to the automobile shall be commenced within two years from the time the loss or damage was sustained and not afterwards.

Who may give notice and proofs of claim 7 Notice of claim may be given and proofs of claim may be made by the agent of the Insured named in this contract in case of absence or inability of the Insured to give the notice or make the proof, such absence or inability being satisfactorily

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accounted for or, in the like case or if the Insured refuses to do so, by a person to whom any part of the insurance money is payable.

Termination 8(1) This contract may be terminated, (a) by the Insurer giving to the Insured 15 days' notice of termination by registered mail or five days' written notice of termination personally delivered; (b) by the Insured at any time on request.

Refund 8(2) Where this contract is terminated by the Insurer, (a) the Insurer shall refund the excess of premium actually paid by the Insured over the pro rata premium for the expired time, but in no event shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified; and (b) the refund shall accompany the notice unless the premium is subject to adjustment or determination as to the amount, in which case the refund shall be made as soon as practicable.

Excess premium 8(3) Where this contract is terminated by the Insured, the Insurer shall refund as soon as practicable the excess of premium actually paid by the Insured over the short rate premium for the expired time, but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified.

Mode of payment 8(4) The refund may be made by money, postal or express company money order or cheque payable at par.

Time 8(5) The 15 days mentioned in clause (a) of subcondition (1) of this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed.

Notice 9 Any written notice to the Insurer may be delivered at, or sent by registered mail to, the chief agency or head office of the Insurer in the province. Written notice may be given to the Insured named in this contract by letter personally delivered to him or by registered mail addressed to him at his latest post office address as notified to the Insurer. In this condition, the expression "registered" means registered in or outside Canada.

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STANDARD LLOYD’S ENDORSEMENT SCHEDULE

This schedule of documents contains the following notices, endorsements, and clauses which apply to the attached policy.

1. LLOYD’S UNDERWRITERS’ POLICYHOLDERS’ COMPLAINT PROTOCOL – LSW 1542F 2. NOTICE CONCERNING PERSONAL INFORMATION – LSW 1543C 3. IDENTIFICATION OF INSURER / ACTION AGAINST INSURER – LSW 1550 4. IDENTIFICATION OF INSURER / ACTION AGAINST INSURER – LSW 1548C 5. POLICY DISCLOSURE STATEMENT – LSW1669 6. LLOYD’S UNDERWRITERS CODE OF CONSUMER RIGHTS & RESPONSIBILITIES – LSW 1565C 7. SEVERAL LIABILITY NOTICE – LSW 1001 8. SEVERAL LIABILITY CLAUSE – LMA 5096 9. SANCTION LIMITIATION AND EXCLUSION CLAUSE – LMA3100 10. CYBER EXCLUSION ENDORSEMENT – NMA2981 11. ELECTRONIC DATA ENDORSEMENT B - NMA2915 12. WAR AND TERRORISM EXCLUSION ENDORSEMENT – NMA2918 13. ABSOLUTE MICROORGANISM EXCLUSION – 2791MAP0001 14. LAND, WATER AND AIR EXCLUSION – NMA2340 15. SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION – NMA2340 16. DEBRIS REMOVAL ENDORSEMENT – NMA2340 17. RADIOACTIVE CONTAMINATION EXCLUSION – NMA1191 18. ELECTRONIC DATE RECOGNITION EXCLUSION – NMA2802 19. NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) – CANADA - NMA1978A 20. BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION – NMA2962 21. CORONAVIRUS EXCLUSION LMA5391 22. COMMUNICABLE DISEASE ENDORSEMENT LMA5393 23. PROPERTY CYBER AND DATA ENDORSEMENT LMA5400

1. LLOYD’S UNDERWRITERS’ POLICYHOLDERS’ COMPLAINT PROTOCOL – LSW 1542F

Should a policyholder wish to file a complaint relative to a policy with Lloyd’s Underwriters effected through you, the policyholder must be provided with the following Lloyd’s Underwriters’ Complaint Protocol:

Lloyd’s strives to enhance your customer experience with us through superior service and innovative insurance products.

We have developed a formal complaint handling protocol in accordance with the Insurance Companies Act of Canada to ensure your concerns as our valued customer are addressed expeditiously by our representatives. This protocol will assist you in understanding the steps we will undertake to help resolve any dispute which may arise with our product or service. All complaints will be handled in a professional manner. All complaints will be investigated, acted upon, and responded to in writing or by telephone by a Lloyd’s representative promptly after the receipt of the complaint. If you are not satisfied with our products or services, you can take the following steps to address the issue: - Firstly, please contact the broker who arranged the insurance on your behalf about your concerns so that he or she may have the opportunity to help resolve the situation. - If your broker is unable to help resolve your concerns, we ask that you provide us in writing an outline of your complaint along with the name of your broker and your policy number.

Please forward your complaint to:

Lloyd’s Underwriters Attention: Complaints Officer: 1155 rue Metcalfe, Suite 2240, Montréal (Québec) H3B 2V6 Tel: 1-877-455-6937 Fax: (514) 861-0470 E-mail: [email protected]

Your complaint will be directed to the appropriate business contact for handling. They will write to you within two business days to

OFFRDMB0620 17 acknowledge receipt of your complaint and to let you know when you can expect a full response. If need be, we will also engage internal staff in Lloyd’s Policyholder and Market Assistance Department in London, England, who will respond directly to you, and in the last stages, they will issue a final letter of position on your complaint.

In the event that your concerns are still not addressed to your satisfaction, you have the right to continue your pursuit to have your complaint reviewed by the following organizations:

General Insurance OmbudService (GIO): assists in the resolution of conflicts between insurance customers and their insurance companies. The GIO can be reached at:

Toll free number: 1-877-225-0446 www.giocanada.org

For Quebec clients:

Autorité des marchés financiers (AMF): The regulation of insurance companies in Quebec is administered by the AMF. If you remain dissatisfied with the manner in which your complaint has been handled, or with the results of the complaint protocol, you may send your complaint to the AMF who will study your file and who may recommend mediation, if it deems this action appropriate and if both parties agree to it. The AMF can be reached at:

Toll Free: 1-877-525-0337 Québec: (418) 525-0337 Montréal: (514) 395-0311 www.lautorite.qc.ca

If you have a complaint specifically about Lloyd’s Underwriters’ complaints handling procedures you may contact the FCAC.

Financial Consumer Agency of Canada (FCAC) provides consumers with accurate and objective information about financial products and services, and informs Canadians of their rights and responsibilities when dealing with financial institutions. FCAC also ensures compliance with the federal consumer protection laws that apply to banks and federally incorporated trust, loan and insurance companies. The FCAC does not get involved in individual disputes. The FCAC can be reached at:

427 Laurier Avenue West, 6th Floor, Ottawa ON K1R 1B9 Services in English: 1-866-461-FCAC (3222) Services in French: 1-866-461-ACFC (2232) www.fcac-acfc.gc.ca

2. NOTICE CONCERNING PERSONAL INFORMATION – LSW 1543C

How we use your information

By purchasing insurance from certain Underwriters at Lloyd’s, London (“Lloyd’s”), a customer provides Lloyd’s with his or her consent to the collection, use and disclosure of personal information. Consent is subject to the customer’s understanding of the nature, purpose and consequences of the collection, use or disclosure of their personal information.

Information is collected and stored for the following purposes:  the communication with Lloyd’s policyholders  the underwriting of policies  the evaluation of claims  the analysis of business results  purposes required or authorized by law

What personal information we collect about you

We collect, process and store the following personal information about you:

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 Name  Address including postal code and country  Policy number  Claim number  Credit card details  Bank account details

We also collect information about you when you visit www.lloyds.com. Further details can be found on our online Privacy & Cookies policy at http://www.lloyds.com/common/privacy-and-cookies-statement.

We will not use your personal information for marketing purposes and we will not sell your personal information to other parties.

Who we disclose your information to

For the purposes identified, personal information may be disclosed to Lloyd’s related or affiliated organisations or companies, their agents/mandataires, and to certain non-related or unaffiliated organisations or companies, including service providers. These entities may be located outside Canada therefore a customer’s information may be processed in a foreign jurisdiction (the United Kingdom and the European Union) and their information may be accessible to law enforcement and national security authorities of that jurisdiction.

Disclosure without consent

The following are reasonable grounds to permit the disclosure of personal information without the knowledge or consent of a customer:  Detecting or suppressing fraud  Investigating or preventing financial abuse  For communication with the next to kin or authorized representative of an injured, ill or deceased individual  Investigating a breach of an agreement or a contravention of the laws of Canada or a foreign jurisdiction  Witness statement necessary to assess, process or settle insurance claims  Information produced in the course of employment and the disclosure is consistent with the purpose it was produced for

How to access your information and/or contact us

To access and request correction or deletion of your information, or to obtain written information about Lloyd’s policies and practices in respect of service providers located outside Canada, please contact the Ombudsman at [email protected]. The Ombudsman will also answer customer’s questions about the collection, use, disclosure or storage of their personal information by such Lloyd’s service providers.

Further information about Lloyd’s personal information protection policy may be obtained from the customer’s broker or by contacting Lloyd’s on: 514 861 8361, 1 877 455 6937, or through [email protected].

3. IDENTIFICATION OF INSURER / ACTION AGAINST INSURER – LSW 1550

IDENTIFICATION OF INSURER/ACTION AGAINST INSURER

Lloyd’s Approved Coverholder (“the Coverholder”):

Cansure PO Box 10008 Pacific Centre Suite 1488 – 700 W Georgia Street Vancouver, BC V7Y 1A1

Where LLOYD’S UNDERWRITERS are subscribing insurers to the Policy, the following applies to them:

This insurance has been entered into in accordance with the authorization granted to the Coverholder by the Underwriting Members OFFRDMB0620 19 of the Syndicates whose definitive numbers and proportions are shown in the Table attached to the Agreement shown in the List of Subscribing Companies (hereinafter referred to as “the Underwriters”). The Underwriters shall be liable hereunder each for his own part and not one for another in proportion to the several sums that each of them has subscribed to the said Agreement. In any action to enforce the obligations of the Underwriters they can be designated or named as “Lloyd’s Underwriters” and such designation shall be binding on the Underwriters as if they had each been individually named as defendant. Service of such proceedings may validly be made upon the Attorney In Fact in Canada for Lloyd’s Underwriters, whose address for such service is 1155, rue Metcalfe, Suite 2240, Montreal, Quebec H3B 2V6.

NOTICE

Any notice to the Underwriters may be validly given to the Coverholder.

4. IDENTIFICATION OF INSURER / ACTION AGAINST INSURER – LSW 1548C

[Class As Per Applicable Sections on the Declarations] INSURANCE Effected with certain Lloyd’s Underwriters, “The Company”, “The Insurer”, or “This Company” through Lloyd’s Approved Coverholder (“the Coverholder”):

Cansure PO Box 10008 Pacific Centre Suite 1488 – 700 W Georgia Street Vancouver, BC V7Y 1A1

POLICY NO: As per declaration page INSURED NAME: As per declaration page INSURED ADDRESS: As per declaration page PERIOD OF INSURANCE: from: As per declaration page to: As per declaration page (both days at 12:01 a.m. Standard Time at the Address of the Insured). PREMIUM: As per declaration page LIMIT OF LIABILITY OR AMOUNT OF INSURANCE: As per declaration page

The insurance contract consists of this Declarations page as well as all coverage wordings, riders, or endorsements that are attached hereto.

IDENTIFICATION OF INSURER / ACTION AGAINST INSURER

This insurance has been effected in accordance with the authorization granted to the Coverholder by the Underwriting Members of the Syndicates whose definitive numbers and proportions are shown in the Table attached to Agreement No. [insert number] (hereinafter referred to as “the Underwriters”). The Underwriters shall be liable hereunder each for his own part and not one for another in proportion to the several sums that each of them has subscribed to the said Agreement.

In any action to enforce the obligations of the Underwriters they can be designated or named as “Lloyd’s Underwriters’’ and such designation shall be binding on the Underwriters as if they had each been individually named as defendant. Service of such proceedings may validly be made upon the Attorney In Fact in Canada for Lloyd’s Underwriters, whose address for such service is 1155 rue Metcalfe, Suite 2240,Montreal, Quebec H3B 2V6.

NOTICE

Any notice to the Underwriters may be validly given to the Coverholder.

In witness whereof this policy has been signed as authorized by the Underwriters, by Cansure.

Per………………………………………………… OFFRDMB0620 20

The Insured is requested to read this policy, and if incorrect, return it immediately for alteration.

In the event of an occurrence likely to result in a claim under this insurance, immediate notice should be given to the Coverholder whose name and address appears above. All inquiries and disputes are also to be addressed to this Coverholder.

For the purpose of the Insurance Companies Act (Canada), this Canadian Policy was issued in the course of Lloyd’s Underwriters’ insurance business in Canada.

THIS POLICY CONTAINS A CLAUSE WHICH MAY LIMIT THE AMOUNT PAYABLE.

5. POLICY DISCLOSURE STATEMENT – LSW1669

For purposes of the Insurance Companies Act (Canada), this document was issued in the course of Lloyd’s Underwriters’ insurance business in Canada.

6. LLOYD’S UNDERWRITERS CODE OF CONSUMER RIGHTS & RESPONSIBILITIES – LSW 1565C

Insurers (including Lloyd's Underwriters), along with the brokers and agents who sell home, auto and business insurance are committed to safeguarding your rights both when you shop for insurance and when you submit a claim following a loss. Your rights include the right to be informed fully, to be treated fairly, to timely complaint resolution, and to privacy. These rights are grounded in the contract between you and your insurer and the insurance laws of your province. With rights, however, come responsibilities including, for example, the expectation that you will provide complete and accurate information to your insurer. Your policy outlines other important responsibilities. Insurers and their distribution networks, and governments also have important roles to play in ensuring that your rights are protected.

Right to Be Informed You can expect to access clear information about your policy, your coverage, and the claims settlement process. You have the right to an easy-to-understand explanation of how insurance works and how it will meet your needs. You also have a right to know how insurers calculate price based on relevant facts. Under normal circumstances, insurers will advise an insurance customer or the customer’s intermediary of changes to, or the cancellation of a policy within a reasonable prescribed period prior to the expiration of the policy, if the customer provides information required for determining renewal terms of the policy within the time prescribed, which could vary by province, but is usually 45 days prior to expiry of the policy.

You have the right to ask who is providing compensation to your broker or agent for the sale of your insurance. Your broker or agent will provide information detailing for you how he or she is paid, by whom, and in what ways.

You have a right to be told about insurers' compensation arrangements with their distribution networks. You have a right to ask the broker or agent with whom you deal for details of how and by whom it is being paid. Brokers and agents are committed to providing information relating to ownership, financing, and other relevant facts.

Responsibility to Ask Questions and Share Information To safeguard your right to purchase appropriate coverage at a competitive price, you should ask questions about your policy so that you understand what it covers and what your obligations are under it. You can access information through one-on-one meetings with your broker or agent. You have the option to shop the marketplace for the combination of coverages and service levels that best suits your insurance needs. To maintain your protection against loss, you must promptly inform your broker or agent of any change in your circumstances.

Right to Complaint Resolution Insurers, their brokers and agents are committed to high standards of customer service. If you have a complaint about the service you have received, you have a right to access Lloyd's Underwriters` complaint resolution process for Canada. Your agent or broker can provide you with information about how you can ensure that your complaint is heard and promptly handled. Consumers may also contact their respective provincial insurance regulator for information. Lloyd's is a member of an independent complaint resolution office, the General Insurance OmbudService.

Responsibility to Resolve Disputes You should always enter into the dispute resolution process in good faith, provide required information in a timely manner, OFFRDMB0620 21 and remain open to recommendations made by independent observers as part of that process.

Right to Professional Service You have the right to deal with insurance professionals who exhibit a high ethical standard, which includes acting with honesty, integrity, fairness and skill. Brokers and agents must exhibit extensive knowledge of the product, its coverages and its limitations in order to best serve you.

Right to Privacy Because it is important for you to disclose any and all information required by an insurer to provide the insurance coverage that best suits you, you have the right to know that your information will be used for the purpose set out in the privacy statement made available to you by your broker, agent or insurance representative. This information will not be disclosed to anyone except as permitted by law. You should know that Lloyd's Underwriters are subject to Canada’s privacy laws - with respect to their business in Canada.

7. SEVERAL LIABILITY NOTICE – LSW 1001

The subscribing insurers’ obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co- subscribing insurer who for any reason does not satisfy all or part of its obligations.

8. SEVERAL LIABILITY CLAUSE – LMA 5096

PLEASE NOTE – This notice contains important information. PLEASE READ CAREFULLY

The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract.

The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract.

In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address.

Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.

9. SANCTION LIMITATION AND EXCLUSION CLAUSE – LMA3100

No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.

10. CYBER EXCLUSION ENDORSEMENT – NMA2981

Notwithstanding any provision to the contrary within this Insurance or any endorsement thereto it is agreed that this Insurance excludes liability for Loss, directly or indirectly caused by, resulting from or in connection with the Insured’s use of or reliance upon or sale or supply of any computer hardware or related Information Technology or communication system, any computer software, Internet, Intranet, Website or similar facility, system or network and/or any electronic data or related information

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PROVIDED THAT this endorsement shall not exclude claims for personal injuries caused by an accident involving physical contact with computer hardware.

“Loss” in this endorsement shall include (but shall not be limited to) injury, loss, damage, cost or expense of whatsoever nature including consequential and pure financial loss, and loss of, damage to, deterioration or corruption (whether permanent or temporary) or loss of use of any computer hardware or related Information Technology or communication system, any computer software, Internet, Intranet, Website or similar facility, system or network and/or any electronic data and related information.

If the Underwriters maintain that by reason of this endorsement any Loss is not covered by this Insurance, the burden of proving the contrary shall be upon the Insured.

If any part of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

11. ELECTRONIC DATA ENDORSEMENT B - NMA2915

1. Electronic Data Exclusion

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows: a) This Policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event contributing or in any other sequence to the loss.

ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorised instructions or code including a set of maliciously introduced unauthorised instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but is not limited to ‘Trojan Horses’, ‘worms’ and ‘time or logic bombs’.

b) However, in the event that a peril below results from any of the matters described in paragraph a) above, this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril. Listed Perils; Fire Explosion 2. Electronic Data Processing Media Valuation

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows:

Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA cannot be recreated, gathered or assembled.

12. WAR AND TERRORISM EXCLUSION ENDORSEMENT – NMA2918

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss;

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(1) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or (2) any act of terrorism.

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.

If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

13. ABSOLUTE MICROORGANISM EXCLUSION – 2791MAP0001

This policy does not insure any loss, damage, claim, cost, expense or other sum directly or indirectly arising out of or relating to:

Mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health.

This exclusion applies regardless whether there is (i) any physical loss or damage to insured property; (ii) any insured peril or cause, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.

This exclusion replaces and supersedes any provision in the policy that provides insurance, in whole or in part, for these matters.

14. LAND, WATER AND AIR EXCLUSION – NMA2340

Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure land (including but not limited to land on which the insured property is located), water or air, howsoever and wherever occurring, or any interest or right therein.

15. SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION – NMA2340

Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure: (a) any loss, damage, cost or expense, or (b) any increase in insured loss, damage, cost or expense, or (c) any loss, damage, cost, expense, fine or penalty, which is incurred, sustained or imposed by order, direction, instruction or request of, or by any agreement with, any court, government agency or any public, civil or military authority, or threat thereof, (and whether or not as a result of public or private litigation),which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof, whether or not caused by or resulting from a peril insured, or from steps or measures taken in connection with the avoidance, prevention, abatement, mitigation,remediation, clean-up or removal of such seepage or pollution and/or contamination or threat thereof.

The term “any kind of seepage or any kind of pollution and/or contamination” as used in this Endorsement includes (but is not limited to): (a) seepage of, or pollution and/or contamination by, anything, including but not limited to, any material designated as a “hazardous substance” by the United States Environmental Protection Agency or as a “hazardous material” by the United States Department of Transportation, or defined as a “toxic substance” by the Canadian Environmental Protection Act for OFFRDMB0620 24

the purposes of Part II of that Act, or any substance designated or defined as toxic, dangerous, hazardous or deleterious to persons or the environment under any other Federal, State, Provincial, Municipal or other law, ordinance or regulation; and (b) the presence, existence, or release of anything which endangers or threatens to endanger the health, safety or welfare of persons or the environment.

16. DEBRIS REMOVAL ENDORSEMENT – NMA2340

This endorsement contains provisions which may limit or prevent recovery under this policy for loss where costs or expenses for debris removal are incurred.

Nothing contained in this Endorsement shall override any Seepage and/or Pollution and/or Contamination Exclusion or any Radioactive Contamination Exclusion or any other Exclusion applicable to this Policy.

Any provision within this Policy (or within any other Endorsement which forms part of this Policy) which insures debris removal is cancelled and replaced by the following: 1. In the event of direct physical damage to or destruction of property, for which Underwriters hereon agree to pay, or which but for the application of a deductible or underlying amount they would agree to pay (hereinafter referred to as “Damage or Destruction”), this Policy also insures, within the Sum Insured, subject to the limitations and method of calculation below, and to all the other terms and conditions of the Policy, costs or expenses; (a) which are reasonably and necessarily incurred by the Assured in the removal, from the premises of the Assured at which the Damage or Destruction occurred, of debris which results from the Damage or Destruction; and (b) of which the Assured becomes aware and advises the amount thereof to Underwriters hereon within one year of the commencement of such Damage or Destruction. 2. In calculating the amount, if any, payable under this Policy for loss where costs or expenses for removal of debris are incurred by the Assured (subject to the limitations in paragraph 1 above): (a) the maximum amount of such costs or expenses that can be included in the method of calculation set out in (b) below shall be the greater of CAN$25,000 (twenty-five thousand dollars) or 10% (ten percent) of the amount of the Damage or Destruction from which such costs or expenses result; and (b) the amount of such costs or expenses as limited in (a) above shall be added to: (i) the amount of the Damage or Destruction; and (ii) all other amounts of loss, which arise as a result of the same occurrence, and for which Underwriters hereon also agree to pay, or which but for the application of a deductible or underlying amount they would agree to pay; and the resulting sum shall be the amount to which any deductible or underlying amount to which this Policy is subject and the limit (or applicable sub-limit) of this Policy, shall be applied.

17. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE – PHYSICAL DAMAGE DIRECT - NMA1191

This policy does not cover any loss or damage arising directly or indirectly from nuclear reaction nuclear radiation or radioactive contamination however such nuclear reaction nuclear radiation or radioactive contamination may have been caused * NEVERTHELESS if Fire is an insured peril and a Fire arises directly or indirectly from nuclear reaction nuclear radiation or radioactive contamination any loss or damage arising directly from that Fire shall (subject to the provisions of this policy) be covered EXCLUDING however all loss or damage caused by nuclear reaction nuclear radiation or radioactive contamination arising directly or indirectly from that Fire.

*Note - If Fire is not an insured peril under this policy the words "NEVERTHELESS" to the end of the clause do not apply and should be disregarded.

18. ELECTRONIC DATE RECOGNITION EXCLUSION – NMA2802

This policy does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectly arising out of or relating to: (a) the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change, including leap year calculations, by any computer system, hardware, programme or software and/or microchip, integrated circuit or similar device in computer equipment or non- computer equipment, whether the property of the insured or not ; or

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(b) any change, alteration, or modification involving the date change to the year 2000, or any other date change, including leap year calculations, to any such computer system, hardware, programme or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost, claim or expense.

19. NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) – CANADA - NMA1978A

(For use with all Public Liability Policies except Personal, Farmers’ and Storekeepers) It is agreed that this Policy does not apply: (a) To liability imposed by or arising under the nuclear liability act, law or statute, or any law amendatory thereof; nor (b) To bodily injury or property damage with respect to which an Insured under this policy is also insured under a contract of nuclear energy liability insurance (whether the Insured is unnamed in such contract and whether or not it is legally enforceable by the Insured) issued by the Nuclear Insurance Association of Canada or any other insurer or group or pool of insurers or would be an Insured under any other such policy but for its termination upon exhaustion of its limit of liability; nor (c) To bodily injury or property damage resulting directly or indirectly from the nuclear energy hazard arising from: (i) the ownership, maintenance, operation or use of a nuclear facility by or on behalf of an insured; (ii) the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility; and (iii) the possession, consumption, use, handling, disposal or transportation or fissionable substances, or of other radioactive material (except radioactive isotopes, away from a nuclear facility, which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial or industrial purpose) used, distributed, handled or sold b an Insured.

As used in this policy: 1. The term “nuclear energy hazard” means the radioactive, toxic, explosive, or other hazardous properties of radioactive material; 2. The term “radioactive material” means uranium, thorium, plutonium, neptunium, their respective derivatives and compounds, radioactive isotopes of other elements and any other substances which may be designated by or pursuant to any law, act or statute, or law amendatory thereof as being prescribed substances capable of releasing atomic energy, or as being requisite for the production, use or application of atomic energy. 3. The term “nuclear facility” means: (a) any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium, thorium and uranium or any one or more of them; (b) any equipment or device designed or used for (i) separating the isotopes of plutonium, thorium and uranium or any one or more of them, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste; (c) any equipment or device used for the processing, fabricating or alloying of plutonium, thorium, or uranium enriched in the isotope uranium 233 or in the isotope uranium 235, or any one or more of them if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams or uranium 235; (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste radioactive material; and includes the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations. 4. The term “fissionable substance” means any prescribed substance that is, or from which can be obtained, a substance capable of releasing atomic energy by nuclear fission. 5. With respect to property, loss of use of such property shall be deemed to be property damage.

It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this Clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached.

20. BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION – NMA2962

It is agreed that this Insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials OFFRDMB0620 26 regardless of any other cause or event contributing concurrently or in any other sequence thereto.

21. CORONAVIRUS EXCLUSION – LMA5391

This Insurance does not cover any claim in any way caused by or resulting from: a) Coronavirus disease (COVID-19); b) Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); c) any mutation or variation of SARS-CoV-2; d) any fear or threat of a), b) or c) above.

22. COMMUNICABLE DISEASE ENDORSEMENT – LMA5393 (APPLICABLE TO THE PROPERTY AND BUSINESS INTERRUPTION SECTION OF THE POLICY)

(For use on property policies)

1. This policy, subject to all applicable terms, conditions and exclusions, covers losses attributable to direct physical loss or physical damage occurring during the period of insurance. Consequently and notwithstanding any other provision of this policy to the contrary, this policy does not insure any loss, damage, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease. 2. For the purposes of this endorsement, loss, damage, claim, cost, expense or other sum, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test: 2.1. for a Communicable Disease, or 2.2. any property insured hereunder that is affected by such Communicable Disease. 3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: 3.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and 3.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and 3.3. the disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property insured hereunder. 4. This endorsement applies to all coverage extensions, additional coverages, exceptions to any exclusion and other coverage grant(s).

All other terms, conditions and exclusions of the policy remain the same.

23. PROPERTY CYBER AND DATA ENDORSEMENT

1. Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy excludes any: 1.1 Cyber Loss, unless subject to the provisions of paragraph 2; 1.2 loss, damage, liability, claim, cost, expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any loss of use, reduction in functionality, repair, replacement, restoration or reproduction of any Data, including any amount pertaining to the value of such Data, unless subject to the provisions of paragraph 3;

regardless of any other cause or event contributing concurrently or in any other sequence thereto. 2. Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement thereto, this Policy covers physical loss or physical damage to property insured under this Policy caused by any ensuing fire or explosion which directly results from a Cyber Incident, unless that Cyber Incident is caused by, contributed to by, resulting from, arising out of or in connection with a Cyber Act including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act. 3. Subject to all the terms, conditions, limitations and exclusions of this Policy or any endorsement thereto, should Data Processing Media owned or operated by the Insured suffer physical loss or physical damage insured by this Policy, then this Policy will cover the cost to repair or replace the Data Processing Media itself plus the costs of copying the Data from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling the Data. If such media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank Data Processing OFFRDMB0620 27

Media. However, this Policy excludes any amount pertaining to the value of such Data, to the Insured or any other party, even if such Data cannot be recreated, gathered or assembled. 4. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. 5. This endorsement supersedes and, if in conflict with any other wording in the Policy or any endorsement thereto having a bearing on Cyber Loss, Data or Data Processing Media, replaces that wording.

Definitions 6. Cyber Loss means any loss, damage, liability, claim, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any Cyber Act or Cyber Incident including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act or Cyber Incident. 7. Cyber Act means an unauthorised, malicious or criminal act or series of related unauthorised, malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System. 8. Cyber Incident means: 8.1 any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Computer System; or 8.2 any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Computer System. 9. Computer System means: 9.1 any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility,

owned or operated by the Insured or any other party. 10. Data means information, facts, concepts, code or any other information of any kind that is recorded or transmitted in a form to be used, accessed, processed, transmitted or stored by a Computer System. 11. Data Processing Media means any property insured by this Policy on which Data can be stored but not the Data itself.

All other terms, conditions and exclusions of the policy remain the same.

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