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!. <br />INVERSE CONDEMNATION EXTENSION ENDORSEMENT <br />In consideration of the additional premium listed below, it is agreed that Exclusion d. under Coverage D, <br />Errors or Omissions Liability, is amended to read as follows: <br />d. To any claim for damages arising out of condemnation, inverse condemnation, adverse possession, or <br />dedication by adverse use, but this exclusion does not apply to claims for inverse condemnation damages <br />wherein: <br />(1) <br />(2) <br />The alleged taking of private property resulted from the application of a land use, zoning, <br />building, subdivision or similar ordinance or regulation and not from a physical occupation, <br />invasion, or use of the property; and <br />The alleged damage occurred on or after the retroactive date shown below but prior to a final <br />determination by the courts that enforcement of the ordinance or regulation constitutes a taking <br />of private property. <br />A claim covered by this endorsement will be deemed to have been made when suit seeking damages for <br />the wrongful taking of private property is filled against the 'city'. <br />With respect to damages recoverable under this endorsement, the liability of LMCIT shall be limited to <br />eighty -five (85) percent of the loss and loss adjustment expense to include legal defense costs and the total <br />liability of LMCIT shall not exceed 3600,000 per occurrence and 5600,000 in the aggregate annually. <br />With respect to coverage provided by this endorsement, the basic extended reporting period and the sup- <br />plemental extended reporting periods under Section VI - Conditions, are waived and no extended reporting <br />period is provided. <br />Addition Premium <br />Endorsement Effective Date <br />Retroactive Date <br />S <br />All other terms and conditions remain unchanged. <br />ME042 (5/88) <br />Authorized Signature <br />2.5 % of $ 15,335.00 = $ 383.38 <br />PAGE8 <br />