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Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1
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Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1
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COMMERCIAL INSURANCE Policy Number GLO 4845817 02 Named Insured and Mailing Address SANEXEN WATER INC 64 BANNER ROAD SUITE 300 BERLIN MA 01503 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 4845817 01 Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385 000 Policy Period Coverage begins 06 01 2021 at 1201 AM. Coverageends 06 01 2022 at1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 27782.00 This premium does not include Taxes and Surcharges. Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 NERAL LIABILITY COVERAGE PREMIUM 27782.00 ssued by ZURICH AMERICAN INSURANCE COMPANY
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Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. mm fmm Corporate Secretary e G pe President QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1
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COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 4845817 02 ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Policy Period Coverage begins 06 01 2021 at1201AM. Coverageends 06 01 2022 at1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Business Description SANITARY SERVICES Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 500000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 27782.00 Other Premium 82.00 Total Premi COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 4845817 02 ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Policy Period Coverage begins 06 01 2021 at1201AM. Coverageends 06 01 2022 at1201 AM. ENERAL AGGREGATE LIMIT ENERAL AGGREGATE LIMIT 1000000 RODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 ACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 500000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person ERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization 500000 Any one premises 5000 Any one person 1000000 Any one person or organization UGLD1115B CW 904
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EMPLOYEE BENEFIT LIABILITY COVERAGE PART CLAIMS MADE DECLARATIONS Policy Number GLO 4845817 02 Named Insured SANEXEN WATER INC Policy Period Coverage begins 06 01 2021 at1201 AM Coverage ends 06 01 2022 at1201 AM Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Limits of Insurance 1000000 Aggregate Limit 1000000 Each Claim Limit Item 2. Form of Business Individual Parnership Joint Venture X Corporation Other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees 92100 IF ANY INCL Per Employee INCL INCL Flat Charge INCL Total Advance Premium For This Coverage Part INCL Audit Period Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Joint Venture X Corporation Advance Premium Retroactive Date Enter date or None if no Retroactive Date applies This insurance does not apply to damages caused by an act error or omission which occurred before the Retroac tive Date if any shown above. U GL D849 B CW 904 Pagel of 1
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Policy Number GLO 4845817 02 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured SANEXEN WATER INC Effective Date 06 01 21 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMMON GENERAL LIABILITY FORMS AND ENDORSEMENTS U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS U GL D849 B CW 09 04 EMPLOYEE BENEFITS LIAB DEC CLAIMS MADE U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GL1114 A CW 10 02 DESIGNATED SUBSTANCES AND RISKS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM U GL849 B CW 08 04 EMPLOYEE BENEFITS LIABILITY CLAIMS MADE U GL1063 A CW 12 01 FUNGUS EXCLUSION ENDORSEMENT U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL1205 B 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1326 B 09 08 DEDUCTIBLE 10 07 LEAD LIABILITY EXCLUSION 05 10 NOTIFICATION TO OTHERS OF CANCELLATION 04 13 COVERAGE TERRITORY AMENDMENT 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL 12 01 AIRCRAFT PROD. GROUNDING TESTING EXCL 12 96 EXTENDED REPORTING PERIOD AMENDATORY 08 04 AIDS EXCLUSION 09 05 CLAIM SERIES ENDORSEMENT 08 04 ELECTROMAGNETIC RADIATION EXCL. ENDT 06 04 SILICA OR SILICA MIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGES POLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES COMMUNICABLE DISEASE EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT U GU298 B CW CANCELLATION BY US U GU630 E CW DISCLOSURE OF INFO RELATING TO TRIA U GL1171 B CW FUNGI OR BACTERIA EXCLUSION ENDORSEMENT U GU1191 A CW SANCTIONS EXCLUSION ENDORSEMENT U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 4845817 02 ULE OF FORMS AND ENDORSEMENTS American Insurance Company Effective Date 06 01 2 1201 A.M. Standard Tin OMMUN GENERAL LIAPLLILY FURMS AND BNDURoOLMENLOS GU D310 A GU319 F GL D1115 B CW GL D849 B CW GU619 A CW GL1114 A CW G 00 01 GL849 B CW GL1063 A CW GL1175 F CW GL1178ACW GL1205 B CW GL1326 B MA GL1342 A CW GL1446 A CW GL1479 B CW GL1517 B CW GL441 B CW GL878 A CW GL908 B CW GL911 B CW GL914 B CW GL923 B CW GL925 B CW G 01 23 G 01 34 G 01 54 G 21 06 G 21 16 G 21 32 G 21 47 G 21 49 G 21 55 G 21 73 G 26 88 L 00 03 L 00 17 L 00 21 GU298 B CW GU630 E CW GL1171 B CW GU1191 A CW COMMON POLICY DECLARATIONS IMPORTANT NOTICE IN WITNESS CLAUSE COMMERCIAL GL COVERAGE PART DECLARATIONS EMPLOYEE BENEFITS LIAB DEC CLAIMS MADE SCHEDULE OF FORMS AND ENDORSEMENTS DESIGNATED SUBSTANCES AND RISKS COMMERCIAL GENERAL LIABILITY COV FORM EMPLOYEE BENEFITS LIABILITY CLAIMS MADE FUNGUS EXCLUSION ENDORSEMENT ADDL INSD AUTO OWNERS LESSEES CONTRACTR ASBESTOS EXCLUSION ENDORSEMENT WELDING HEALTH HAZARD EXCLUSION DEDUCTIBLE LEAD LIABILITY EXCLUSION NOTIFICATION TO OTHERS OF CANCELLATION COVERAGE TERRITORY AMENDMENT RECORD OR DISTRB OF MATRL OR INFO EXCL ATRCRAFT PROD. GROUNDING TESTING EXCL EXTENDED REPORTING PERIOD AMENDATORY AIDS EXCLUSION CLAIM SERIES ENDORSEMENT ELECTROMAGNETIC RADIATION EXCL. ENDT SILICA OR SILICA MIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGESPOLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES COMMUNICABLE DISEASE EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT CANCELLATION BY US DISCLOSURE OF INFO RELATING TO TRIA FUNGI OR BACTERIA EXCLUSION ENDORSEMENT SANCTIONS EXCLUSION ENDORSEMENT
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Policy Number GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Effective Date 06 01 21 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 DESIGNATED SUBSTANCES AND RISKS IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY DOES NOT APPLY TO AND WE HAVE NO DUTY WITH RESPECT TO ANY LOSS CLAIM OR SUIT FOR DAMAGES BECAUSE OF BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED IN ANY WAY TO CHLOROHYDROCARBONS CHCS CHLOROFLUOROCARBONS CFCS DIACETYL TRANSFER OF PATHOGENS E.G. PRIONS IN THE AREA OF TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES TSE SUCH AS BOVINE SPONGIFORM ENCEPHALOPATHY BSE OR VARIANT CREUTZFELD JAKOB DISEASE VCJD SILICON BASED OR OTHER IMPLANTS TO THE HUMAN BODY TOBACCO AND TOBACCO PRODUCTS UREA FORMALDEHYDE PCB POLYCHLORINATED BIPHENYL GENETICALLY MODIFIED ORGANISMS GMOS INCLUDING BUT NOT LIMITED TO MANUFACTURERS OF GMOS COMPANIES REQUIRED BY LAW TO REGISTER OR OBTAIN AUTHORIZATION FOR THEIR HANDLING OF GMOS ANIMAL FEED MANUFACTURERS SEED GROWERS OPERATORS OF MILLS MANUFACTURING AND OR SELLING FIREARMS LATEX DIETHYLSTILBESTROL DES OXYCHINOLINES SMON DRUGS AFFECTING PREGNANCY CONTRACEPTIVES ABORTIFACIENTS RU486 ETC HUMAN BIOLOGICAL MATERIAL E.G. BLOOD PLASMA PLASMA PROTEINS IMMUNOGLOBINS CELLS TISSUE ORGANS URINE OR EXCRETIONS ETC. VACCINES AND INOCULATIONS FENFLURAMINE DEXFENFLURAMINE AND PHENTERMINE ALONE OR IN COMBINATION WITH OTHER ACTIVE SUBSTANCES WHICH INDUCE AN INCREASE IN SEROTONIN LEVELS THIMEROSAL MERTHIOLAT NATRIUMTIMERFONAT MERCURY SODIUM METHYL THIOSALICILATE FLUOXETINE PHENYLPROPANOLAMIN PPA METHYLPHENIDAT TROGLITAZONE STATINE AND FIBRATES OXYCODONE OXYCONTIN DIETARY SUPPLEMENTS OR PRODUCTS FOR PHYSICAL PERFORMANCE ENHANCEMENT CONTAINING EPHEDRA RESPECTIVELY EPHEDRINE PSEUDOEPHEDRINE AMIODARONE ASKAREL BROMOCRIPTINE BUTORPHANOL CISAPRIDE DIOXINS AND FURANS ISOTRETINOIN DPAROXETINE U GL1114 A CW 1002 L e GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY SANEXEN WATER INC ANCE AS IS AFFORDED BY THIS POLICY DOES DUTY WITH RESPECT TO ANY LOSS CLAIM OR F BODILY INJURY OR PROPERTY DAMAGE ANY WAY TO PRIONS IN THE AREA OF TRANSMISSIBLE TSE SUCH AS BOVINE SPONGIFORM RIANT CREUTZFELD JAKOB DISEASE VCJD LANTS TO THE HUMAN BODY TS LAW TO REGISTER OR OBTAIN AUTHORIZATION FOR JRERS SELLING FIREARMS ES NANCY CONTRACEPTIVES ABORTIFACIENTS RU486 RIAL E.G. BLOOD PLASMA PLASMA PROTEINS ISSUE ORGANS URINE OR EXCRETIONS ETC. TONS LURAMINE AND PHENTERMINE ALONE OR IN ACTIVE SUBSTANCES WHICH INDUCE AN INCREASE IN T NATRIUMTIMERFONAT MERCURY SODIUM PA RANS
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Policy Number GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Effective Date 06 01 21 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 DESIGNATED SUBSTANCES AND RISKS PIPER METHYSTICUM PYRALENE TERFENADINE THALIDOMIDE COX2 INHIBITORS HORMONE REPLACEMENT THERAPY DRUGS OR PRODUCTS DEVELOPMENT MANUFACTURING SALE AND OR DISTRIBUTION OF PHARMACEUTICAL PRODUCTS ACTIVE INGREDIENTS ADDITIVES FILLERS OR MEDICAL IMPLANTS CLINICAL TRIALS ANY PRODUCT THAT IS UNDERGOING OR SUBJECT TO CLINICAL TRIALS S.A.R.S. CHROME COPPER ARSENATE COUNTERSIGNED. AUTHORIZED REPRESENTATIVE U GL1114 A CW 1002 L e GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY SANEXEN WATER INC PIPER METHYSTICUM PYRALENE TERFENADINE THALIDOMIDE COX2 INHIBITORS HORMONE REPLACEMENT THERAPY DRUGS OR PRODUCTS DEVELOPMENT MANUFACTURING SALE AND OR DISTRIBUTION OF HARMACEUTICAL PRODUCTS ACTIVE INGREDIENTS ADDITIVES FILLERS OR EDICAL IMPLANTS CLINICAL TRIALS ANY PRODUCT THAT IS UNDERGOING OR SUBJECT TO LINICAL TRIALS S.A.R.S. CHROME COPPER ARSENATE UTHORLIZED REPRESENTATIVR
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COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The pbodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and lization qualifying as a Named y. The words we us and providing this insurance. s any person or organization r Section I Who Is An es that appear in quotation ning. Refer to Section V s INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1aaes. However. we will have 2 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16
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2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or falling to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413
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. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location i which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location c which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16
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2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitori cleaning up removing contai treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413
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4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 lmpaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ir work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16
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4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413
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i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16
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COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement b. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury b. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the operations hazard. products completed. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. Prejudgment All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and roannrtad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413
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2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we wil pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Jy or control trol is being Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413
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g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16
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3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 2. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. G Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented y you with Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16
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4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows b. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. i i c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413
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b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. Hostile fire However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured show in CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16
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9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following ty pes of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. inance to sonnection Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413
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13. 14. 15. However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. the 16. Products completed operations hazard. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. in your physical b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including VLY s out of CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16
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As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 18. 19. a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or warnings or instructions. failure to provide failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413
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Employee Benefits Liability Claims Made Coverage Form This Coverage Form provides claims made coverage. Please read the entire form carefully. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. Insuring Agreement A. We will pay those sums that the insured becomes B. legally obligated to pay as damages because of an act error or omission in the administration of the insured s employee benefit programs. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against secking damages for any act error or omission for which this insurance does not apply. We may at our discretion investigate any claim and settle any suit that may result but is limited as of Insurance 1 The amount we pay for damages described in Section II. Limit of this Coverage Part and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements un der this Employee Benefit Liability coverage. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments of this Coverage Part. 1 This insurance applies to an act error or omis sion only if a sing out of the act error or made against any insured during the policy period b. The act error or omission takes place in the coverage territory e The insured had no knowledge of and could not have reasonably foreseen any circumstances which might result in a claim or suit and d. The act error or omission did not occur before the Retroactive Date if any shown in the Declarations or after the end of the policy period. 2 A claim will be deemed to have been made when notice of such claim is received and re corded by any insured or by us whichever comes fi All claims for damages to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance does not apply to A. Bodily injury property damage or personal and advertising injury B. Any claim or suit arising out of any dishon est fraudulent criminal or malicious act C. Any claim or suit arising out of discrimina tion or humiliation D. Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract E. Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security disabil ity benefits law or similar laws F. Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds G. Anyclaim or suit arising out of 1 Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs 2 The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant U GL849 B CW 804 Pagel of 4
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3 Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or 4 Failure of any investment to perform as represented by any insured. H. Any claim or suit arising out of an insured s liability as a fiduciary under a. The Employee Retirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investi gate or settle or A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our insur ance. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to us in the investi gation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. D. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. IL. Limits of Insurance A. B. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing s The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. C. Subject to the Aggregate Limit provisions in B. above the Each Claim Limit is the most we will pay for all damages sustained by any one em ployee including the employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of your em ployee benefit programs.. The limits of this Coverage Part apply separately to each consecutive annual period and fo any remain ing period of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for pur poses of determining the Limits of Insurance. ML Conditions A. Bankruptcy Bankruptey or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you mus that we are notified as soon as practicable of any act error or omi n which may result in aclaim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employec and witnes Notice of an act error or omission is not notice of a claim. 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information U GL849 B CW 804 Page2of 4
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e Cooperate with us in the investigation set tlement or defense of the claim or suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury to which this in surance may also apply. 4 No insureds will except at their own cost vol untarily make a payment assume any obliga tion or incur any expense without our consent. Legal Action Against Us No person or organization has a right 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Cov erage Part our obligations are limited as follows 1 Primary Insurance surance is primary except when 2. below If this insurance is primary our obli s are not affected unless any of the other rance is also primary. Then we will share with all that other insurance by the method de scribed in 3. below. 2 Excess Insurance This insurance is excess over any other insur ance whether primary excess contingent or on any other basis that is effective prior to the be ginning of the policy period shown in the Dec larations of this insurance and applies to an act on on other than a claims made No Retroactive Date is shown in the Dec larations of this insurance or b. The other insurance has a policy period which continues after the Retroactive Date if any shown in the Declarations of this insurance. When this insurance is excess we will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insur ance we will pay only our share of the amount of the loss if any that exceeds the sum of i. The total amount that all such other insur ance would pay for the loss in the absence of this insurance and ii. The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3 Method of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each insurer con tributes equal amounts until it has paid its ap plicable limit of insurance or none of the I remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. E. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies 1 As if each Named Insured were the only Named Insured and 2 Separately to cach insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. IV. Definitions U GL849 B CW 804 Page3 of 4
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G. H. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 2 Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. Administration mea 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs 2 Handling recor benefit programs s in connection with employee or 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time. Claim means The receipt by you of a demand for money or ser vices which alleges an act error or omission in the administration of your employee benefit pro grams. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay ddmdge determined in a suit s in the territory described in E. 1 above or in a settlement to which we agree. Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compens tion unemployment insurance salary continuation plans social security disability benefits insurance savings plans vacation plans or any other similar plans or programs. Insured You and any of your partners executive officers di rectors members stockholders or employees provided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury means Injury including consequential bodily injury aris ing out of one or more of the following offens 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means A civil proceeding in which damages to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. U GL849 B CW 804 Pagedof 4
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Fungus Exclusion Endorsement Policy No. Ef. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by 1. Any fungusi or spores or 2. Any substance vapor or gas produced by or arising out of any fungusi or spores or 3. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi. U GL1063 A CW 1201 Page1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddL. Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured SANEXEN WATER INC Address including ZIP Code 64 BANNER ROAD SUITE 300 BERLIN MA 01503 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. C. Any other loss cost or expense ari Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or g out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Z ZURICH Welding Health Hazard Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. ighted material of Insurance Servi Office Inc. withits permission. U GL1205 B CW 108 Page I of 1
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Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1
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Z ZURICH Deductible Policy No. Eff. Date of Pol. Eff. Date of End. GLO484581702 06 01 2021 This endorsement modifies insurance provided under the ZU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Commercial General Liability Coverage Part Employee Benefits Liability Coverage Part Liquor Liability Coverage Part DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Coverage Bodily Injury and Property Damage Liability Applies solely with respect to any occurrence arising directly or indirectly out of the New York Labor Law. All persons or organizations 1000000 Each Occurrence Bodily Injury Liability Only Applies solely with respect to any occurrence other than New York Labor Law claims All persons or organizations 25000 Each Occurrence Bodily Injury Liability Only All persons or organizations Each Occurrence Property Damage Liability Only All persons or organizations Each Occurrence Coverage Bodily Injury and Property Damage Liability Each Claim Bodily Injury Liability Only Each Claim Property Damage Liability Only Each Claim Coverage Personal and Advertising Injury Liability By offense Any one person or organization Each Claim Coverage Medical Payments Any One Person Additional Employee Benefits Liability Each Act Error or Coverage 5000 Omission Additional Liquor Liability Coverage Each Common Cause Aggregate Deductible Amount Adjustable at a rate of per of Flat Initial Exposure Minimum Aggregate Deductible Amount U GL1326 B MA 0908 Page 10f 5 INTERNAL USE ONLY
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ALLOCATED LOSS ADJUSTMENT EXPENSE SELECTION SCHEDULE Select One Option 1 X As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will contribute toward your Deductible Amount and your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 2 As respects each Deductible Amount you will reimburse us for allocated loss adjustment expense as follows a If the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount is equal to or less than the Deductible Amounts or if there is no amount payable other than allocated loss adjustment expense then you will reimburse us for all allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule or b If the total amount payable for other than allocated loss adjustment expense exceeds the Deductible Amount you will reimburse us a pro rata share of total allocated loss adjustment expense based on the ratio of the Deductible Amount divided by the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 3 As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. If no option is selected Option 3 will apply. A. How the Deductible Amount Applies You will reimburse us for the Deductible Amounts shown in the Deductible Schedule and for allocated loss adjustment expenses incurred based on the Allocated Loss Adjustment Expense Selection Schedule. The Deductible Amounts applies as follows 1. INTERNAL USE ONLY If an Each Occurrence Deductible is shown the Deductible Amount applies to all sums payable because of any one Occurrence regardless of the number of persons or organizations who sustain damages because of that Occurrence. If an Each Claim Deductible is shown the Deductible Amount applies to all sums payable for each claim sustained by any one person or organization. a. For Other than Coverage B to all sums payable for each claim sustained by any one person or organization and b. For Coverage B to all damages sustained by any one person or organization as the result of an offense. Medical Payments If an Any One Person limit is shown the Deductible Amount applies to all sums payable to any one person as a result of an accident sustained by that person. Employee Benefits Liability If an Each Act Error or Omission Deductible is shown the Deductible Amount applies to all sums payable for all damages sustained by any one Employee including the Employee s U GL1326 B MA 0908 Page 20f 5 INTERNAL USE ONLY
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dependents and beneficiaries because of acts errors or omissions committed in the administration of employee benefit programs. Liquor Liability If a Common Cause Deductible is shown the Deductible Amount applies to all sums payable for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. B. Deductible Provisions 1. If more than one Deductible Amount applies to sums payable arising from the same incident because more than one Coverage applies you will be responsible for each and every applicable Deductible Amount. Deductible Amounts apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. Your obligation to pay the Deductible Amounts shown on this policy is not fulfilled by a. The payment of a Deductible Amount under any other policy or b. Any payment made by us or another insurance company even if 3.a. or 3.b. above applies to the same incident as the Deductible Amount due under this policy. If more than one policy issued by us applies to sums payable because of a single continuous incident the Deductible Amounts applies separately to each policy that we issue to which this endorsement or a similar Deductible Endorsement applies. Deductible Amounts also apply separately to each annual period and any remaining period of less than 12 months as described in B.2. above. If a Coverage Part or Additional Coverage of this policy specifically applies a separate deductibles a. the separate additional deductible amount applies to any loss separately and before the Deductible Amounts shown on the Schedule of this endorsement and b. the Deductible Amounts shown on the Schedule of this endorsement applies only if the loss exceeds the separate additional deductible amount described in 5.a. above subject to the other terms and conditions of this endorsement. C. Aggregate Deductible Amount 1. The Aggregate Deductible Amount shown in the Deductible Schedule is the most you must reimburse us for the sum of a. all applicable Deductible Amounts as shown in the Deductible Schedule and b. all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above. This single Aggregate Deductible Amount applies to the entire policy period and to any remaining extension pe riod. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as adjustable the final Aggregate Deductible Amount will be determined at the end of the policy period by an audit of your records and will be based upon the Rate shown in the Deductible Schedule multiplied by the final audited Exposure. The amount shown in the Deductible Schedule as the Aggregate Deductible Amount is an estimated amount and is based on an estimate of what the audit of your records will develop. U GL1326 B MA 0908 Page 30f 5 INTERNAL USE ONLY
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In no event will the final audited Aggregate Deductible Amount be less than the Aggregate Deductible Amount shown in the Deductible Schedule unless a Minimum Aggregate Deductible Amount is shown in the Deductible Schedule. If a Minimum Aggregate Deductible Amount is shown the final audited Aggregate Deductible Amount will not be less than the Minimum Aggregate Deductible Amount. 3. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as Flat the Aggregate Deductible Amount will not be adjusted. In no event will the Flat Aggregate Deductible Amount be less than or more than the Aggregate Deductible Amount shown in the Deductible Schedule. 4. If no Aggregate Deductible Amount is stated in the Deductible Schedule then your obligation to reimburse us for the sum of all applicable Deductible Amounts as shown in the Deductible Schedule and all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above is unlimited. D. Allocated Loss Adjustment Expense Reimbursement In accordance with the Allocated Loss Adjustment Expense Selection Schedule 1. If Option 1 is selected allocated loss adjustment expense reimbursements made by you contribute to your Deductible Amount and Aggregate Deductible Amount. 2. If Option 2 or Option 3 is selected then you will reimburse us for all or pro rata allocated loss adjustment expense as may apply in accordance with the Allocated Loss Adjustment Expense Selection Schedule above even if the Deductible Amount or the Aggregate Deductible Amount if applicable is exceeded. E. Application of the Deductible Amount to Payable Amounts 1. You will reimburse us for allocated loss adjustment expense according to the option selected in the Allocated Loss Adjustment Expense Selection Schedule. 2. Upon settlement or final adjudication of a claim we will apply the Deductible Amount against payable amounts as follows a. Sums other than those attributable to allocated loss adjustment expense then b. Allocated loss adjustment expense already reimbursed by you then c. Allocated loss adjustment expense yet to be reimbursed by you if applicable. F. Effect of Deductible Amount on Limits of Insurance The applicable limits of insurance for the coverage part to which a Deductible Amount applies will be reduced only by that portion of the Deductible Amount that is not attributable to allocated loss adjustment expenses. G. Conditions 1. Voluntary Payments If you voluntarily make any payment assume any obligation or incur any expense without our consent then you do so at your own cost. Any such voluntary payment assumed obligation or incurred expense does not contribute towards any applicable Deductible Amounts or Aggregate Deductible Amount under this policy. 2. Application of Recovered Amounts We have your rights and the rights of persons entitled to the benefits of this insurance to recover sums that are reimbursable under this endorsement and any Deductible Amount from anyone liable for the injury or damages. You will do everything necessary to protect those rights for us and to help us enforce them. U GL1326 B MA 0908 NTERNAL USE ONLY Page 4 of 5 INTERNAL USE ONLY
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If we recover any payment made under this policy from anyone liable for injury or damages the recovered amount will first be applied to any payments made by us in excess of the Deductible Amount. The remainder of the recovery if any will then be applied to reduce the Deductible Amount reimbursed or reimbursable by you as respects that injury or damages. Payment of Amounts Owed Under This Endorsement a. We may pay any part or all of any Deductible Amounts or allocated loss adjustment expense to effect settlement of any claim and upon notification of the action taken you will reimburse us for such part of any Deductible Amounts or allocated loss adjustment expense as shown on the billing from us. You must pay us for all amounts for which you are responsible under this endorsement and reimburse us for any such amounts that we pay by the due date shown on the billing from us. b. If you fail to reimburse us for any amounts as required by this endorsement or policy we may cancel this policy for nonpayment in accordance with the applicable law. Cancellation of this policy does not relieve you from any deductible obligations reimbursable by you. c. The first Named Insured shown in the Declarations is authorized to and will reimburse us for all amounts paid by us on behalf of all insureds. d. Each Named Insured is jointly and severally liable for all reimbursements due to us under this endorsement whether or not that Named Insured is involved in the claim proceeding or suit causing any such amount to be due to us. H. Definitions 1. Allocated loss adjustment expense is an expense directly allocable to a specific claim including but not limited to all supplementary payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for or incurred in connection with all attorneys witnesses experts depositions reported or recorded statements summonses service of process legal transcripts or testimony copies of any public records alternative dispute resolution proceedings interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation claims and proceedings and any other fees costs or expenses reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. 2. Incident for purposes of this endorsement only means an occurrence offense claim accident act error or omission common cause disease or any other event as defined or used in our policy to which a Deductible Amounts applies. Other Terms 1. The terms of this insurance apply irrespective of the application of any Deductible Amounts including those with respect to a. Our right and duty to investigate or defend the insured against any suits seeking those damages and b. Your duties in the event of a claim or circumstances likely to result in a claim. 2. You understand that your duties under this endorsement may continue after this policy expires or is cancelled. U GL1326 B MA 0908 Page 5 0f 5 INTERNAL USE ONLY
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Z ZURICH Notification to Others of Cancellation Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL Liquor Liability Coverage Part THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part A. If we cancel this Coverage Parts by written notice to the first Named Insured for any reason other than nonpayment of premium we will mail or deliver a copy of such written notice of cancellation 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. Atleast 10 days prior to the effective date of the cancellation as advised in our notice to the first Named Insured or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Parts by written notice to the first Named Insured for nonpayment of premium we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Persons Organizations Drsllzizg CRESCO EQUIPMENT RENTALS 318 STEALTH COURT LIVERMORE CA 94551 30 All other terms and conditions of this policy remain unchanged. 18 STEALTH COURT VERMORE CA 94551 nan nan nan nan 30.0 nan nan nan nan 30.0 U GL1446 A CW 0510 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Z ZURICH Coverage Territory Amendment Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Canada The coverage territory definition in the Definitions Section is replaced by the following Coverage territory means a. The United States of America including its territories and possessions and Puerto Rico b. Canada but only if indicated with an X in the Schedule of this endorsement or c. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places as indicated in Paragraphs a. or b. above provided the insured s responsibility to pay damages is determined 1 In asuit on the merits in the territory as indicated in Paragraphs a. or b. above or 2 In a settlement we agree to. All other terms and conditions of this policy remain unchanged. U GL1479 B CW 04 13 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Aircraft Products Grounding and Testing Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Address including Zip Code This endorsement modif insurance provided under the Commercial General Liability Coverage Part Products and Completed Operations Coverage Part This policy does not apply to any bodily injury or property damage arising out of Aircraft Products Grounding or Testing. Aircraft Products means 1 2. 4. aircraft missiles or spacecraft or any other goods or products produced or furnished by the insured for the manufacture repair operation maintenance use or entrustment to others of aircraft missiles or spacecraft including but not limited to the following items A goods or products installed in used in connection with or used as spare parts in aircraft missiles or spacecraft or B ground support and control equipment or C ground handling tools and equipment any training aids instructions manuals blueprints engineering data or engineering advice relating to the items described in 1 and 2 above or any services or labor provided by the insured or by others trading under the insured s name relating to 1.. 2. or 3. above. Grounding means 1 the withdrawal of any aircraft products from flight operations or the imposing of speed passenger or load restrictions on such aircraft products due to the existence of or the alleged or suspected existence of any defect fault or condition in any aircraft products whether the aircraft products withdrawn are owned or operated by the same or different persons firms or corporations. A grounding begins 1 on the date that any accident or occurrence results in disclosure of a known or suspected defect fault or condition or 2 on the date the aircraft products are first withdrawn from service due to a known or suspected defect fault or condition whichever first occurs. Testing means examination observation evaluation or me ring of the performance of aircraft products either while in the air or on the ground. cans iles or spacecraft or ds or products produced or furnished by for the manufacture repair operation use or entrustment to others of aircraft yacecraft including but not limited to the ms or products installed in used in on with or used as spare parts in missiles or spacecraft or upport and control equipment or andling tools and equipment aids instructions manuals blueprints Jata or engineering advice relating to the adin 1 and 2 ahove ar 1. 1n 2. th ol th ol wheth operat corpor A gr 2 Countersigned Authorized Representative U GL441 B CW 1201 Page I of 1
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Extended Reporting Period Amendatory Endorsement Policy No. Exp. Date of Pol. Eff. Date of End Agency No. Addl. Prem. I Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part L The policy is amended to add the following Extended Reporting Period for the reporting of claims 1 We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is canceled or not re newed or b. We renew or replace this Coverage Part with insurance that 1 Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part or 2 Does not apply to acts errors or omissions from the administration of employee benefit programs on a claims made ba sis. A basic Extended Reporting Period is automati cally provided without additional charge. This pe riod starts with the end of the policy period and lasts for a. One year for claims arising out of an act er ror or omission reported to us not later than 60 days after the end of the policy period in ac cordance with Condition B. paragraph 1 of this Coverage Part or b. 60 days for all other claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This sup plemental period starts a. One year after the end of the policy period for claims arising out of an act error or omission reported to us not later than 60 days after the end of the policy period in accordance with Condition B. paragraph 1 of this Coverage Part or b. 60 days after the end of the policy period for all other claims. You must give us written request for this endorse ment within 60 days after the end of the policy pe riod. The Supplemental Extended Reporting Pe riod will not go into effect unless you pay the addi tional premium promptly when due. The additional premium will not exceed 200 of the annual pre mium for this Coverage Part. The endorsement shall set forth the terms not in consistent with this Section applicable to the Sup plemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is ex cess over any other valid and collectible insurance available under policies in force after the Supple mental Extended Reporting Period starts. Extended Reporting Periods do not extend the pol icy period or change the scope of coverage pro vided. They apply only to claims for act errors or omissions that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury or damage which are first received and recorded during the basic Extended Reporting Period or during the Supplemental Ex tended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be canceled. Extended Reporting Periods do not reinstate or in crease the Limits of Insurance applicable to any claim to which this Coverage Part applies. All other terms and conditions remain unchanged. U GL878 A CW 1296 Page lof
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AIDS Exclusion Policy No. Eff. Date of Pol Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. 06012021 06012022 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to AIDS Bodily injury or property damage ai g out of any actual alleged latent or threatened infection communication contagion or development of or contamination by AIDS.. The following exclusion is added to 2. Exclusions of Section I Coverage B Personal and Advertising Injury Liability This insurance shall not apply to AIDS Personal and advertising injury arising out of any actual alleged latent or threatened infection communication conta gion or development of or contamination by AIDS.. For purposes of this exclusion the following additional definition applies AIDS means any one or more of the following A. Human T cell Leukemia Virus HTLV B. Human Immunodeficiency Virus HIV C. Acquired Immune Deficiency Syndrome AIDS D. AIDS related complex ARC or any disease or condition arising out of or associated with any of these. U GL908 BCW 804 Page Lof
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Z ZURICH Claim Series Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Section L. Coverage A Bodily Injury and Property Damage is amended to include the following All occurrences which result in a series of claims or suits that the insured becomes legally obligated to pay as damages because of bodily injury or property damage due to a common cause or condition of your products or your work shall be deemed to be just one occurrence regardless of the total number of a. insureds b. claims made or suits brought. persons or organizations making claims or bringing suits or d. potential occurrences that might otherwise have applied in the absence of this endorsement. The following additional Definition is added Common Cause or Condition means the same or similar design error omission or defect manufacturing defect or failure by the insured to warn of a potential hazard in or of your products or your work. U GL911 B CW 905 Page I of 1
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Electromagnetic Radiation Exclusion te of Pol. Exp. Date of Po Addl. Prem n Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liabil ity This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields netic radiation or electromagnetism. electromag 2. The following exclusion is added to 2. Exclusions of Section L Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism. 3. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field or force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves. Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 804 Page Lof
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Silica or Silica Mixed Dust Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or L costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U GL923 B CW 604 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission.
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Waiver Of Subrogation Blanket Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is executed before a loss to waive your rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U GL925 B CW 1201 Page I of 1
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COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section I Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section I Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Page 1of 1 CG 012303 97 Copyright Insurance Services Office Inc. 1996
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COMMERCIAL GENERAL LIABILITY CG 013408 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability Coverage and to Subparagraph m. Pollution of Paragraph 2. Exclu sions under Section Coverage B Personal And Advertising Injury Liability or to any amendment to or re placement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. CG 01340803 ISO Properties Inc. 2003 Page 10f 1 m
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POLICY NUMBER GLO 4845817 02 POLICY NUMBER GLO 4845817 02 COMMERCIAL GENERAL LIABILITY CG01540413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION SCHEDULE Pollution Liability Aggregate Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. CG01540413 A. The following is added to Section Coverages Coverage D Pollution Bodily Injury And Property Damage 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage included within the pollution liability hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and D. b. This insurance applies to bodily injuryand property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph c. below during the policy period.. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make a settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. All claims for damages because of property damage causing loss to the same person or organizaton as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for injury or damage arising out of a discharge release or escape of pollutants including all injury or damage arising out of all subsequent exposure of persons and property to such pollutants shall be deemed to have been made at the time the first of those claims is made against any insured. Insurance Services Office Inc. 2012 Page 1of 4 Page 1of 4
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2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement or 2 That the insured would have in the absence of the contract or agreement. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 14 e. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies to claims against any insured that allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which resulted in the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definiton of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or f3 of the definition of mobile equipment. Page 2 of 4 Insurance Services Office Inc. 2012 CG 01540413
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f. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you or 4 Personal property in the care custody or control of the insured. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a sidetrack agreement. 3. Products Completed Operations Hazard Bodily injury or property damage included within the products completed operations hazard. j Statutory Or Regulatory Clean up Costs Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. k. Bodily Injury Or Property Damage Bodily injury or property damage which are covered under Coverage A Bodily Injury And Property Damage Liability. B. Supplementary Payments Coverages A And B is replaced by the following Supplementary Payments Coverages A B And D We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. All expenses we incur. 2. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 2 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. CG 01540413 Insurance Services Office Inc. 2012 Page 3 of 4
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5. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. The following is added to Section Il Limits Of Insurance The Pollution Liability Aggregate Limit is the most we will pay under Coverage D for all damages because of injury and damage for which claim is first made during the policy period. D. Paragraph 4. Other Insurance of Section IV Conditions is amended as follows All references to Coverage A or B are amended to read Coverage A B or D. E. The following additional definition applies Pollution liability hazard means all bodily injury and property damage arising out of the discharge release or escape of pollutants at or from a. Premises you own rent or occupy or b. Any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. Page 4 of 4 Insurance Services Office Inc. 2012 CG 01540413
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COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1
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POLICY NUMBER GLO 4845817 02 POLICY NUMBER GLO 4845817 02 COMMERCIAL GENERAL LIABILITY CG211604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL PROFESSIONAL SERVICES With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 21320509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the disease or d. Failure to report the disease to authorities. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Communicable Disease Personal and advertising injury arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the disease or d. Failure to report the disease to authorities. CG 21320509 Insurance Services Office Inc. 2008 Page 10f 1 m
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COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10f 1 m
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COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 2 Any loss cost or expense arising outof any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of b Claim or suit by or on behalf of a govern mental authority for damages because of leslmg for monitoring cleaning up remov ing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998
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COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies surance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge d spersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply tobodily injury or property damage arising out of heat smoke or fumes from ahostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 215509 99 Copyright Insurance Services Office Inc. 1998
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COMMERCIAL GENERAL LIABILITY CG21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY CG 26 880115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising out of a certified act of terrorism.. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 26 880115 Insurance Services Office Inc. 2015 Page 1 of 1
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IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m
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IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelof1 O IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998
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IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following 1. COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply C. Under any Liability Coverage to bodily injury A. Under any Liability Coverage to bodily injury or p PeY dfmage resunrgfrvom hazardous or property damage properties of nuclear material if 1 With respect to which an insured under 1 The nuclear material a is at any nuclear the policy is also an insured under a nu facility ownd by or operated by or on be clear energy liability policy issued by Nu half of an nsured or b ha been dis clear Energy Liability Insurance Association charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to of services materials parts or equipment in which a any person or organization is re connection with the planning construction quired to maintain financial protection pur maintenance operation or use of any nu suant to the Atomic Energy Act of 1954 or clear facility but if such facility is located any law amendatory thereof or b the in within the United States of America its terri sured is or had this policy not been issued tories or possessions or Canada this ex would be entitled to indemnity from the clusion 3 applies only to property dam United States of America or any agency age to such nuclear facility and any thereof under any agreement entered into property thereat. by the United States of America or any 2 H. As used in this endorsement agency thereof with any person or organi. L... Zzation. Hazardous properties includes radioactive toxic B. Under any Medical Payments coverage to Ior explosive prupemes.. o. expenses incurred with respect to bodily in Nuclear matgrlall means source matgrlal special jury resulting from the hazardous properties nuclear material or by product material. of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 10f 2 m
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Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material 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 pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o
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NOTICE TO POLICYHOLDER Fungi Or Bacteria Exclusion Endorsements NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGE YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY THE PROVISIONS OF THE POLICY SHALL PREVAIL. THIS NOTICE HAS BEEN PREPARED IN CONJUNCTION WITH THE IMPLEMENTATION OF CHANGES TO YOUR POLICY. THIS NOTICE PROVIDES INFORMATION CONCERNING YOUR INSURANCE COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF FUNGI OR BACTERIA ADDED TO YOUR POLICY BY SEPARATE ENDORSEMENT. PLEASE READ THIS NOTICE CAREFULLY. Your policy will include a change at renewal or at the next anniversary date as follows One of the following endorsements will be attached to your policy Fungi Or Bacteria Exclusion Endorsement form U GL1171 A Fungi Or Bacteria Exclusion Endorsement form U GL1181 A GL1171 A and U GL1181 A are a from exposure to fungi or bacteria other than The Fungi or Bacteria Exclusion Endorsements form complete exclusion of any injury or damage that may ari fungi or bacteria contained in edible goods or products intended for human or animal consumption. Further these endorsements also exclude any I s or expenses that may arise out of the cleaning up abatement remediating testing for monitoring treating detoxifying removing disposing or containing of fungi or bacteria or otherwise assessing the effects of or responding to fungi or bacteria. U GL1191 A CW 1103
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Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2
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CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2 of 2
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COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 30 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of
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Z ZURICH Insured Name SANEXEN WATER INC Policy Number GLO 4845817 02 Effective Date 06012021 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA General Liability Not Applicable Terrorism Exclusion Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and U GU630 E CW 0120 Copyright 2020 Zurich American Insurance Company Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc.. with its permission. eneral Liability Not Applicable Terrorism Exclusion
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4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 E CW 0120 Page 2 0f 2 Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc.. with its permission.
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Z ZURICH Fungi Or Bacteria Exclusion Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4845817 02 Effective Date 06012021 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion applies to all diseases contracted by contact with fungi or bacteria in water water vapor or water droplets including but not limited to Legionnaire s Disease. This exclusion does not apply to any bodily injury or property damage caused by any fungi or bacteria that are are on or are contained in any other edible good or edible product intended for human or animal consumption. All other terms conditions provisions and exclusions of this policy remain the same. U GL1171 B CW 0719 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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ZURICH Pollution Liability Exclusion Disclosure Notice This insurance policy does not apply to or provides very limited coverage as respects pollution liability. You should refer to the specific pollution liability policy exclusions or pollution liability exclusion endorsements of your policy for determination of specific terms and conditions as respects exclusion of any pollution liability exposures that you may have. The policy exclusions of the Commercial General Liability Coverage Part apply to pollution exposures in the coverage territory unless replaced or modified as indicated in the applicable endorsement by one or more of the following pollution exclusion endorsements. The pollution exclusion endorsements that are checked X apply to pol lution exposures in the indicated areas of the coverage territory X Total Pollution Exclusion Endorsement ISO Form X All states in the coverage territory except CG 2149 HLIL ME MN VT TX XITotal Pollution Exclusion Hostile Fire Exception All states in the coverage territory except ISO Form CG 21 55 Only applicable in the following states IL MN VT. Total Pollution Exclusion with a Building Heating All states in the coverage territory except Equipment Exception and a Hostile Fire Exception ISO Form CG 21 65 Only applicable in the following states XITotal Pollution Exclusion Hostile Fire Exception ISO Form CG 21 55 Total Pollution Exclusion with a Building Heating Equipment Exception and a Hostile Fire Exception 1SO Form CG 21 65 Other State Endorsements XI Indiana Changes Pollution Exclusion ISO Form X Indiana CG 0123 XI Missouri Changes Pollution Exclusion ISO Form X Missouri CG 01 34 or J Missouri Changes Gasoline Risks Pollution Exclu O Missouri sion 1SO Form CG 01 35 X1 Vermont Vt. Changes Pollution ISO form CG 01 54 Applicable in the following states Other Assuming risk does not qualify as a large risk according to Texas law Indiana X Missouri Missouri U GL1203 A CW 404 Page 1 of
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ZURICH IMPORTANT NOTICE TO POLICYHOLDERS Fungi Or Bacteria Exclusion Endorsement U GL1171 B is a summary of the major changes in your Commercial General Liability Coverage Part. No coverage is provided by ummary nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THIS POLICY SHALL PREVAIL. The material in the notice makes reference to form and endorsement numbers however not all forms and endorsements are included in a particular policy. Please consult with your broker for how the change impacts your individual policy as certain coverages may have previously been extended by endorsement. COVERAGE FORMS CAUSES OF LOSS FORMS AND RELATED ENDORSEMENTS Clarification of Coverage e Fungi Or Bacteria Exclusion Endorsement U GL1171 B n update to the A version of the endorsement. Under U GL1171 B we have clarified o That the exclusion applies to all diseases contracted by contact with fungi or bacteria in water water vapor or water droplets including but not limited to Legionnaire s Discase. o The exception to the Fungi or Bacteria exclusion language by indicating that the exclusion does not apply to any bodily injury or property damage caused by any fungi or bacteria that are are on or are contained in any other edible good or edible product intended for human or animal consumption. The words bodily injury or property damage caused by any have been added to provided clarification. U PHN1037 A CW 0619 Page 1 of 1
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Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1
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ACE INA Insurance Assurance ACE INA Comprehensive General Liability Policy Declarations POLICY NO. CGL324593 A stock insurance company herein called the Company with Head Office at Toronto Ontario Canada. 1. Named Insured INFOCHIP LP 2. Mailing Address 1122 3rd Avenue South Suite 102 Lethbridge AB 3. Policy Period From December 31 2014 To December 31 2015 1201 A.M. Standard time at the address of the Insured as to each of said dates. 4. Limits of Liability USD1000000. Each Occurrence Bodily Injury Liability a o Property Damage Liability a o Personal Injury and Advertising Liability a o Employer s Liability or all combined. USD1000000. Aggregate Products Completed Operations 4. Limits of Liability 8. Deductible Premium Minimum Retained Premium Endorsements at Inception Liabiity USD1000000. Aggregats NIL UsD2500. As Per Schedule of Endorsements Attached Dated at Toronto this 18th day of December 2014. Producer BFL Canada Insurance Services Inc. Calgary Alberta AB BFLCO001 150 IN WITNESS WHEREOF ACE INA Insurance has caused this Policy to be signed by its President in Toronto Ontario. g A. Andrew Hollenberg President CEO mm 2013 DECL CGL Comm Gen Liab C 0714 Page 1 of 1
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ACE INA Insurance Assurance ACE INA Comprehensive General Liability Policy In consideration of the payment of the premium in reliance upon the statements in the Declarations and subject to all the terms of this Policy the Company does hereby agree with the Named Insured as follows COVERAGES A. BODILY INJURY LIABILITY The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury to which this insurance applies caused by an occurrence. B. PROPERTY DAMAGE LIABILITY The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of property damage to which this insurance applies caused by an occurrence. C. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY COVERAGE The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of personal injury or advertising injury to which this insurance applies sustained by any person or organization and arising out of the conduct of the Named Insured s business within the policy territory. D. EMPLOYER S LIABILITY The Company agrees to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or accident or disease including death at any time arising therefrom sustained by any employee of the Insured arising out of and in the course of employment by the Insured. This coverage applies only to injury 1 caused by accident occurring during the policy period anywhere in the policy territory or 2 by disease caused or aggravated by exposure to conditions causing the disease provided such exposure occurs in the policy territory while such employee is in the employment of the Insured and the last day of the last exposure occurs during the policy period. DEFENSE The Company shall have the right and duty to defend any suit against the Insured seeking damages falling within the Coverages outlined in the Coverages above even if any of the allegations of the suit are groundless false or fraudulent and may make such investigation and settlement of any claim or suit as it deems expedient but the Company shall not be obligated to pay any claim or judgement or to defend any suit after the applicable limit of the Company s liability has been exhausted by payment of judgements or settlements. If the Company is not legally permitted to or can not for any other reason defend any suit against the Insured the Company will reimburse the Insured for the expense of such defense incurred with its consent. SUPPLEMENTARY PAYMENTS The Company will pay in addition to the applicable limit of liability a all expenses incurred by the Company all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgement therein which accrues before or after entry of the judgement and before the Company has paid or tendered or deposited in court that part of the judgement which does not exceed the limit of the Company s liability thereon b premium on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy but the Company shall have no obligation to apply for or furnish any such bonds c expenses incurred by the Insured for first aid to others at the time of an accident for bodily injury to which this policy applies d reasonable expenses incurred by the Insured at the Company s request in assisting the Company in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 75. per day.. TERRITORY The policy territory is defined as Worldwide including Canada and the United States of America its territories and possessions except for Employer s Liability. As respects Employer s Liability the policy territory is defined as the various provinces or territories of Canada. 2013 CGL Comprehensive General Liability Policy 0413 Page 1 of 8
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ACE INA Insurance Assurance ACE INA VI 18 LIMIT OF LIABILITY As respects all the Coverages the total liability of the Company as the result of any one occurrence which involves one or more of such Coverages shall not exceed the Limit of Liability stated in the Declarations as applicable to Each Occurrence subject to the aforementioned provision respecting Each Occurrence the total liability of the Company for all loss as the result of the Products and Completed Operations Hazards shall not exceed the limit of liability stated in the declarations as Aggregate for the period of insurance stated in the declarations. The inclusion or addition hereunder of more than one Insured shall not operate to increase the Company s Limit of Liability. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought. DEDUCTIBLE The Company s obligation to pay damages on behalf of the Insured applies only to the amount of damages or loss in excess of the deductible amount stated in the declarations or endorsements attached to this policy. The terms of the policy including those with respect to a the Company s rights and duties with respect to the defense of suits and b the Insured s duties in the event of an occurrence apply irrespective of the applicable deductible amount. The Company may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken the Named Insured shall promptly reimburse the Company for such part of the deductible amount as has been paid by the Company. EXCLUSIONS This policy shall not apply a to any obligation for which the Insured or any company as its Insurer may be held liable under any Worker s Compensation unemployment compensation or disability benefits law or under any similar law b except as respects the insurance afforded under Coverage D Employer s Liability to bodily injury to any employee of the Insured arising out of and in the course of his employment by the Insured or to any obligation of the Insured to indemnify another because of damages arising out of such injury c to bodily injury or property damage due to war invasion act of foreign enemy hostilities whether war be declared or not civil war rebellion revolution insurrection or military power d to bodily injury or property damage arising out of the ownership maintenance operation or use by or on behalf of the Insured of any automobile e 1 to bodily injury or property damage arising out of the ownership maintenance use operation loading or unloading by or on behalf of the Insured of i any watercraft in excess of thirty 30 feet or ii any aircraft or iii any air cushion vehicle 2 to bodily injury or property damage arising out of the ownership existence use or operation by or on behalf of the Insured of any premises for the purpose of an airport or aircraft landing strip and all operations necessary or incidental thereto f to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any Insured g with respect to the advertising activities and personal injury coverage 1 to personal injury or advertising injury arising out of the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the Insured 2 to personal injury or advertising injury arising out of a publication or utterance of a libel or slander or a publication or utterance in violation of an individual s right of privacy if the first injurious publication or utterance of the same or similar material by or on behalf of the Named Insured was made prior to the effective date of this insurance 3 to personal injury or advertising injury arising out of libel or slander or the publication or utterance of defamatory or disparaging material concerning any person or organization or goods products or services or in violation of an individual s right to privacy made by or at the direction of the Insured with knowledge of the falsity thereof to personal injury or advertising injury arising out of the conduct of any partnership or joint venture of which the Insured is a partner or member and which is not designated in the declarations of the policy as a Named Insured 5 to advertising injury arising out of a failure of performance of contract but this exclusion does not apply to the unauthorized appropriation of ideas based upon alleged breach of implied contract or 4 CGL Comprehensive General Liability Policy 0413 2013 Page20f 8 CGL Comprehensive General Liability Policy 0413 Page 2 of 8
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ACE INA Insurance Assurance ACE INA b infringement of trademark service mark or trade name other than titles or slogan by use thereof on or in connection with goods products or services sold offered for sale or advertised or c incorrect description or mistake in advertised price of goods products or services sold offered for sale or advertised d with respect to advertising injury i to any Insured in the business of advertising broadcasting publishing or telecasting or i to any injury arising out of any act committed by the Insured with actual malice h to personal injury sustained by any person as a result of an offense directly or indirectly related to the employment of such person by the Named Insured i to bodily injury or property damage arising out of the rendering of or the failure to render any professional services by or for the Named Insured including 1 the preparation or approval of maps plans opinions reports surveys designs or specifications and 2 supervisory inspection or engineering services j to bodily injury or property damage arising out of liability assumed under contract where 1 the injury or damage occurred prior to the execution of the contract 2 the Insured has assumed liability for the sole negligence of his indemnitee k to property owned or occupied by or rented to the Insured or except with respect to the use of elevators to property held by the Insured for sale or entrusted to the Insured for storage or safekeeping except with respect to liability under a written sidetrack agreement or the use of elevators 1 to property while on premises owned by or rented to the Insured for the purpose of having operations performed on such property by or on behalf of the Insured 2 to tools or equipment while being used by the Insured in performing his operations 3 to property in the custody of the Insured which is to be installed erected or used in construction by the Insured 4 to that particular part of any property not on premises owned by or rented to the Insured a upon which operations are being performed by or on behalf of the Insured at the time of the property damage arising out of such operations or b out of which any property damage arises or c the restoration repair or replacement of which has been made or is necessary by reason of faulty workmanship thereon by or on behalf of the Insured m with respect to the completed operations hazard to property damage to work performed by the Named Insured arising out of such work or any portion thereof or out of such materials parts or equipment furnished in connection therewith n to property damage to premises alienated by the Named Insured arising out of such premises or any part thereof 0 to property damage to property being transported by the Insured p to loss of use of tangible property which has not been physically injured or destroyed resulting from 1 adelay in or lack of performance by or on behalf of the Named Insured of any contract or agreement or 2 the failure of the Named Insured s products or work performed by or on behalf of the Named Insured to meet the level of performance quality fitness or durability warranted or represented by the Named Insured but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the Named Insured s products or work performed by or on behalf of the Named Insured after such products or work have been put to use by any person or organization other than an Insured g to property damage to the Named Insured s products arising out of such products or any part of such products r to damages claimed for the withdrawal inspection repair replacement or loss of the use of the Named Insured s products or work completed by or for the Named Insured or of any property of which such products or work form a part if such products work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein s to any liability for damages direct or consequential and expenses arising out of aircraft products or reliance upon any representation or warranty made with respect thereto or to any liability arising out of the grounding of any aircraft t to bodily injury or property damage caused intentionally by or the direction of the Insured except where such injury or damage arises solely from the use of reasonable force for the purpose of protecting persons or property to bodily injury or property damage arising out of the discharge dispersal release or escape of smoke vapors soot fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritants contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water. u iL Comprehensive General Liability Policy 0413 2013 Page 30f 8 CGL Comprehensive General Liability Policy 0413 Page 30 8
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ACE INA Insurance Assurance ACE INA This insurance also does not apply to any cost or expense arising out of any governmental demand or request that an Insured test for assess monitor clean up remove contain treat detoxify or neutralize any such irritants contaminants or pollutants. This Company shall not have the duty to defend any claim or suit seeking to impose such costs expenses liability for such damages or any other relief. 1 to all liability for damage to or destruction of or blockage of or loss of use of or costs relating to the recovery of or repair of any hole or well or any part thereof including equipment or machinery below the surface of the ground where the Insured acts as operator either for its own account or under a Joint Venture Agreement or when such hole or well is being worked upon by or on behalf of the Insured to damage to the equipment of drillers servicers testers or others when such equipment is underground in any well or hole in which the Insured has any interest or in respect of which the Insured has employed such drillers servicers testers or others 3 to damage to or destruction of any real or personal property below the surface of the ground where the Insured acts as Operator either for its own account or under an agreement with its joint venturer when such damage or destruction arises from the Insured s operations as Operator on such lands but this exclusion shall not apply to such real or personal property below the surface of the ground in which any Insured Co owner Joint Venturer or Partner does not have an interest w to any cost or expense incurred by or at the request of the Named Insured or any Co Owner of the working interest in connection with controlling or bringing under control any oil gas or water well. V 2 VIILDEFINITIONS When used in this policy including endorsements forming a part hereof ADVERTISING INJURY means injury arising out of an offense committed during the policy period occurring in the course of the Named Insured s advertising activities if such injury arises out of libel slander defamation violation of right of privacy piracy unfair competition or infringement of copyright title or slogan. AIRCRAFT PRODUCTS means aircraft including missiles spacecraft andor any ground support or control equipment used therewith and any other goods or products manufactured sold handled or distributed or services provided or recommended by the Insured or by others trading under his name for use in the manufacture repair operation maintenance or use of any aircraft. AUTOMOBILE means a land motor vehicle trailer or semitrailer designed for travel on public roads including any machinery or apparatus attached thereto but does not include mobile equipment. BODILY INJURY means bodily injury sickness disease mental anguish or mental injury sustained by any person which occurs during the policy period including death at any time resulting therefrom. COMPLETED OPERATIONS HAZARD includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Insured. Operations include materials parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times 1 when all operations to be performed by or on behalf of the Named Insured under the contract have been completed 2 when all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed or when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work or correction repair or replacement because of any defect or deficiency but which are otherwise complete shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of a operations in connection with the transportation of property unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof b the existence of tools uninstalled equipment or abandoned or unused materials. 3 2013 CGL Comprehensive General Liability Policy 0413 Page 4 of 8
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ACE INA Insurance Assurance ACE INA ELEVATOR means any hoisting or lowering device to connect floors or landings whether or not in service and all appliances thereof including any car platform shaft hoist way stairway runway power equipment and machinery but does not include an automobile servicing hoist or a hoist without a platform outside a building if without mechanical power or if not attached to building walls or a hod or material hoist used in alteration construction or demolition operations or any inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and have a compartment height not exceeding four feet. GROUNDING shall mean the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by the Insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions order or drawings of the Insured or with tools machinery or other equipment furnished to such persons or organizations by the Insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. INSURED a The Named Insured is the organization named in the declarations of this policy. b The unqualified word Insured wherever used in this policy except with respect to the ownership maintenance or use including loading or unloading of any Automobile Aircraft or Watercraft includes not only the Named Insured but also 1 Any officer executive employee director or stockholder while acting on behalf of the Named Insured. 2 Any person other than an employee of the Named Insured while acting as real estate manager for the Named Insured. 3 Any person partnership firm corporation or government entity or other entity in whose name the Named Insured has by agreement contracted to effect insurance as provided by this policy however the insurance provided for such additional unnamed Insured is restricted to apply solely to liability arising out of the Named Insured s commitments under such agreement. MOBILE EQUIPMENT means a land vehicle including any machinery or apparatus attached thereto whether or not self propelled 1 not subject to motor vehicle registration or 2 maintained for use exclusively on premises owned by or rented to the Named Insured including the ways immediately adjoining or 3 designed for use principally off public roads or 4 designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle power cranes shovels loaders diggers and drills concrete mixers other than the mix intransit type graders scrapers rollers and other road construction or repair equipment and geophysical exploration and well servicing equipment. NAMED INSURED S PRODUCTS means goods or products manufactured sold handled or distributed by the Named Insured or by others trading under his name including any container thereof other than a vehicle but Named Insured s Products shall not include a vending machine or any property other than such container rented to or located for use of others but not sold. OCCURRENCE means an accident including continuous or repeated exposure to conditions which result in bodily injury or property damage neither expected nor intended from the standpoint of the Insured. The definition of occurrence includes any intentional act by or at the direction of the Insured which results in bodily injury if such injury arises solely from the use of reasonable force for the purpose of protecting persons or property. PERSONAL INJURY means injury arising out of one or more of the following offenses committed during the policy periods 1. false arrest detention imprisonment or malicious prosecution 2. wrongful entry or eviction or other invasion of the right of private occupancy 3. a publication or utterance a of a libel or slander or other defamatory or disparaging material or b in violation of an individual s right of privacy except publications or utterances in the course of or related to advertising broadcasting publishing or telecasting activities conducted by or on behalf of the Named Insured shall not be deemed personal injury. PRODUCTS HAZARD includes bodily injury and property damage arising out of the Named Insured s product or reliance upon a representative or warranty made at any time with respect thereto but only if the bodily injury or property damage occurs away from premises owned by or rented to the Named Insured and after physical possession of such products has been relinquished to others. 2013 CGL Comprehensive General Liability Policy 0413 Page 5 0f 8
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ACE INA Insurance Assurance ACE INA PROPERTY DAMAGE means 1 physical injury to or destruction of tangible property which occurs during the policy period including the loss of use thereof at any time resulting therefrom or 2 the loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. REAL OR PERSONAL PROPERTY as used in Exclusion v 3 only shall be defined as coal oil gas or other mineral substances except water including any title interest or estate therein which at the time of the act or omission which then or later causes loss or injury to or destruction of such substance or loss impairment or reduction of the value of such title interest or estate has not been reduced to physical possession above the earth s surface. CONDITIONS 1. Premium All premiums for this policy shall be computed in accordance with the Company s rules rates rating plans premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as advance premium is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period or part thereof terminating with the end of the policy period designated in the declarations as the audit period the earned premium shall be computed for such period and upon notice thereof to the Named Insured shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid the Company shall subject to the Minimum Premium return to the Named Insured the unearned premium paid by the Named Insured. The Named Insured shall maintain records of such information as is necessary for premium computation and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. 2. Inspection and Audit The Company shall be permitted but not obligated to inspect the Named Insured s property and operations at any time. Neither the Company s right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Named Insured or others to determine or warrant that such property or operations are safe or healthful or are in compliance with any law rule or regulation. The Company may examine and audit the Named Insured s books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy as far as they relate to the subject matter of this insurance. 3. Insured s Duties in the Event of Occurrence Claim or Suit a In the event of an occurrence written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time place and circumstances thereof and the names and address of the injured and of available witnesses shall be given by or for the Insured to the Company or any of its authorized Representatives as soon as practicable. b If claim is made or suit is brought against the Insured the Insured shall immediately forward to the Company every demand notice summons or other process received by him or his representative. c The Insured shall cooperate with the Company and upon the Company s request assist in making settlements in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not except at his own cost voluntarily make any payment assume any obligation or incur any expense other than for first aid to others at the time of accident. 4. Action Against Company No action shall lie against the Company unless as a condition precedent thereto there shall have been full compliance with all of the terms of this policy nor until the amount of the Insured s obligation to pay shall have been finally determined either by judgement against the Insured after actual trial or by written agreement of the Insured the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgement or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the Insured to determine the Insured s liability nor shall the Company be impleaded by the Insured or of the Insured s estate shall not relieve the Company of any of its obligations hereunder. 2013 CGL Comprehensive General Liability Policy 0413 Page 6 of 8
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ACE INA Insurance Assurance ACE INA 5. Other Insurance If collectible insurance with any Insurer is available to the Insured covering a loss also covered hereunder the insurance hereunder shall be in excess of including any deductible portion thereof and not contribute with such other insurance provided however this does not apply to insurance which is written as excess insurance over the Company Limit of Liability provided in this Policy. The Company s Limit of Liability shall be reducible by any underlying insurance. When both this insurance and other insurance apply to the loss on the same basis whether primary excess or contingent the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below a Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares the Company shall not be liable for a greater proportion of such loss than would be payable if each Insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid and with respect to any amount of loss not so paid the remaining amount of the loss until each such Insurers then continue to contribute equal shares of the remaining amount of the loss until each such Insurer has paid its limit in full or the full amount of the loss is paid. b Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares the Company shall not be liable for greater proportion of such loss than the applicable limit of liability of all valid and collectible insurance against such loss. 6. Arbitration The Company shall be entitled to exercise all of the Insured s rights in the choice of arbitrators and in the conduct of any arbitration proceeding. 7. Subrogation To the extent of any payment under this policy the Company shall be subrogated to all the Insured s rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. 8. Changes Notice to any Representative or knowledge possessed by any Representative or by any other person shall not effect a waiver or a change in any part of this policy or stop the Company from asserting any right under the terms of this policy nor shall the terms of this policy be waived or changed except by endorsement issued to form a part of this policy. 9. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon if however the Named Insured shall die or be adjudged bankrupt or insolvent within the policy period this policy unless cancelled shall if written notice be given to the Company within sixty 60 days after the date of such death or adjudication cover the Named Insured s legal representative as the Named Insured. 10. Cancellation This policy may be cancelled by the Named Insured by surrender thereof to the Company or any of its authorized Representative or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Named Insured at the address shown in this policy written notice stating when not less than sixty days thereafter fifteen days in the event of non payment of premium such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing. If the Named Insured cancels earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels earned premium shall be computed pro rata. When this policy insures more than one Named Insured cancellation may be effected by the first named of such Named Insured for the account of all Insureds. Notice of cancellation by the Company to the first named Named Insured shall be deemed notice to all Insureds and payment of any unearned premium to such first named Named Insured shall be for the account of all Insureds. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment tender of unearned premium is not a condition of cancellation. 2013 CGL Comprehensive General Liability Policy 0413 Page 7 of 8
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ACE INA Insurance Assurance ACE INA 11. Joint Venture Clause a Any liability of the Insured which is insured under this Policy and arises in any manner whatsoever out of the operations or existence of any joint venture co venture joint lease joint operating agreement or partnership hereunder call Joint Venture in which the Insured has an interest the liability of the Company shall be limited to the product of 1 the percentage interest of the Insured in the said Joint Venture and 2 the total limit of liability insurance afforded the Insured by this Policy. Where the percentage interest of the Insured in said Joint Venture is not set forth in writing the percentage to be applied shall be that which would be imposed by law at the inception of the Joint Venture. Such percentage shall not be increased by the insolvency of others interested in the said Joint Venture. b Where any underlying insurances have been reduced by a clause having the same effect as paragraph a the liability of the Company under this Policy as limited by paragraph a shall be excess of the sum of 1 such reduced limits of any underlying insurances and 2 the limits of any underlying insurances not reduced. c Any limits which may be self insured by the Insured shall for the purposes of the application of this clause be deemed to be insured and to incorporate and be subject to an identical joint venture clause. 12. Conflicting Statutes In the event that any provision of this Policy is unenforceable by the Insured under the laws of any Province or other jurisdiction wherein it is claimed that the Insured is liable for any injury or damage covered hereby because of non compliance with any statute thereof then this Policy shall be enforceable by the Insured with the same effect as if it complied with such Statute. 13. Newly acquired Any organization the Named Insured newly acquires or forms other than a partnership or joint venture and over which the Named Insured maintains ownership or majority interest will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However a Coverage under this provision is afforded only until the 60th day after the Named Insured acquires or forms the organization or the end of the policy period whichever is earlier b Coverage does not apply to bodily injury or property damage that occurred before the Named Insured acquired or formed the organization and c Coverage does not apply to personal injury arising out of an offence committed before the Named Insured acquired or formed the organization. No person or organization is an Insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. 14. Acceptance By acceptance of this policy the Named Insured agrees that this policy embodies all agreements existing between himself and the Company or any of its Representatives relating to this insurance. IN WITNESS WHEREOF ACE INA Insurance has caused this Policy to be signed by its President in Toronto Ontario. g A. Andrew Hollenberg President CEO 2013 CGL Comprehensive General Liability Policy 0413 Page 8 0f 8
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ACE INA Insurance Assurance ACE INA SCHEDULE OF ENDORSEMENTS Named Insured INFOCHIP LP Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB It is hereby understood and agreed that the following are made part of the Policy at inception ENDORSEMENT N FORM UMB011 1213 C0063 0413 CGL01A 0413 CGL52A 0413 C0090 C0040 0413 CGL79A 0413 CGL75A 0413 MISC026 0413 CGL77A 0413 CGL85A 0413 C0046 0413 CGL86A 0413 MISC032 0413 Name AIRCRAFT PRODUCTS GROUNDING EXCLUSION AMENDATORY ENDORSEMENT FOR CONTRACTS OF INSURANCE MADE IN ALBERTA AND BRITISH COLUMBIA ASBESTOS EXCLUSION U.S. CURRENCY CLAUSE TESTING OR CONSULTING ERRORS AND OMISSION EXCLUSION TRADE OR ECONOMIC SANCTIONS ENDORSEMENT WELDING OPERATIONS CUTTING OPERATIONS LIMITATION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION DATA EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION CGL LEAD EXCLUSION MOLD FUNGUS EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT POLICY TERRITORY ENDORSEMENT SILICA AND SILICA CONTAINING MATERIAL EXCLUSION TERRORISM EXCLUSION CGL79A 0413 CGL75A 0413 MISC026 0413 CGL77A 0413 CGL85A 0413 C0046 0413 CGL86A 0413 MISC032 0413 2013 CGL Schedule of Endorsements 0413 Page 1 of 1
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ACE INA Insurance Assurance ACE INA AIRCRAFT PRODUCTS GROUNDING EXCLUSION Named Insured Endorsement Number INFOCHIP LP 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following This insurance does not apply to any liability arising out of the Aircraft Products Hazard or the Aircraft Grounding Hazard. AIRCRAFT PRODUCTS HAZARD means 1. The manufacture sale handling distribution inspection maintenance servicing repair or rebuilding of A. Aircraft or Ground Equipment B. Any article or part installed in Aircraft or Ground Equipment or used in connection with either C. Ground handling tools and equipment 2. Plans specifications opinions surveys designs recommendations or advice relating to any article or part installed in or used in connection with Aircraft or Ground Equipment 3. Training aids instructions and manuals relating to the operations inspection maintenance servicing repair or re building of Aircraft or Ground Equipment. Aircraft includes missiles and spacecraft. AIRCRAFT GROUND HAZARD means The withdrawal from service of one or more Aircraft or Ground Equipment because of any suspected or known defects. GROUND EQUIPMENT means Ground support and ground control equipment. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 UMB011 Aircraft Products and Groundings Exclusion 1213 Page 1 of 1
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ACE INA Insurance Assurance ACE INA AMENDATORY ENDORSEMENT FOR CONTRACTS OF INSURANCE MADE IN ALBERTA AND BRITISH COLUMBIA Named Insured Endorsement Number INFOCHIP LP 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following IF THERE IS ANY CONFLICT BETWEEN THE POLICY OTHER ENDORSEMENTS TO THE POLICY AND THIS ENDORSEMENT THE TERMS PROVIDING THE BROADEST COVERAGE INSURABLE UNDER APPLICABLE LAW SHALL PREVAIL. It is hereby understood and agreed that this policy or certificate as applicable is amended by adding the following provisions 1. Every action or proceeding against an Insurer for the recovery of insurance money payable under the contract is absolutely barred unless commenced within the time set out in the nsurance Act. 2. This Policy is hereby amended by the addition of the following STATUTORY CONDITIONS 1. Property of Others The Insurer is not liable for loss or damage to property owned by a person other than the Insured unless a otherwise specifically stated in the policy certificate or b the interest of the Insured in that property is stated in the policy. 2. Change of Interest The Insurer is liable for loss or damage occurring after an authorized assignment under the Bankruptcy and Insolvency Act Canada or a change of title by succession by operation of law or by death. 3. Material Change in Risk 1 The Insured must promptly give notice in writing to the Insurer or its agent of a change that is a material to the risk and b within the control and knowledge of the Insured. 2 If an Insurer or its agent is not promptly notified of a change under subparagraph 1 of this condition the policy certificate is void as to the part affected by the change. 3 If an Insurer or its agent is notified of a change under subparagraph 1 of this condition the Insurer may a terminate the policy certificate in accordance with Statutory Condition 4 or b notify the Insured in writing that if the Insured desires the policy certificate to continue in force the Insured must within 15 days after receipt of the notice pay to the Insurer an additional premium specified in the notice. 4 If the Insured fails to pay an additional premium when required to do so under subparagraph 3 b of this condition the policy certificate is terminated at that time and Statutory Condition 4 2 a applies in respect of the unearned portion of the premium. 4. Termination of Insurance 1 The policy certificate may be terminated a by the Insurer giving to the Insured 15 days notice of termination by registered mail or 5 days written notice of termination personally delivered or b by the Insured at any time on request. 2 If the policy certificate is terminated by the Insurer 2013 C0063 Alberta BC Amendatory Endorsement 1213 Page 1 of 2
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ACE INA Insurance Assurance ACE INA a the Insurer must refund the excess of premium actually paid by the Insured over the prorated premium for the expired time but in no event may the prorated premium for the expired time be less than any minimum retained premium specified in the contract and b the refund must accompany the notice unless the premium is subject to adjustment or determination as to amount in which case the refund must be made as soon as practicable. 3 If the policy certificate is terminated by the Insured the Insurer must refund as soon as practicable the excess of premium actually paid by the Insured over the short rate premium for the expired time specified in the contract but in no event may the short rate premium for the expired time be less than any minimum retained premium specified in the contract. 4 The 15 day period referred to in subparagraph 1 a of this condition starts to run on the day the registered letter or notification of it is delivered to the Insured s postal address. 5. Notice 1 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. 2 Written notice to the Insured may be personally delivered at or sent by registered mail addressed to the Insured s last known address as provided to the Insurer by the Insured. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 C0063 Alberta BC Amendatory Endorsement 1213 Page 2 of 2
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ACE INA Insurance Assurance ACE INA ASBESTOS EXCLUSION Named Insured Endorsement Number ACE INA Insurance Assurance ACE INA INFOCHIP LP 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following This policy does not apply to any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. The Company shall have no duty of any kind with respect to any such loss demand claim or suit. This endorsement applies to all coverages under this policy. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 CGL01A Asbestos Exclusion 0413 Page 1 of 1
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ACE INA Insurance Assurance ACE INA U.S. CURRENCY CLAUSE Named Insured Endorsement Number INFOCHIP LP 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following It is understood and agreed that all Premiums Commissions Deductibles Limits of Liability and any other amounts expressed anywhere in this Policy shall be deemed to be in the currency of the United States of America. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 CGL52A Currency Clause U.S. 0413 Page 1 of 1
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ACE INA Insurance Assurance ACE INA TESTING OR CONSULTING ERRORS AND OMISSION EXCLUSION Named Insured Endorsement Number INFOCHIP LP 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section 1 Coverage A Bodily Injury and Property Damage Liability and Paragraph 2. Exclusions of Section 1 Coverage B Personal and Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. An error omission defect or deficiency inc a. Any test performed or b An evaluation a consultation or advice given by or on behalf of any Insured 2. The reporting of or reliance upon any such test evaluation consultation or advice or 3. An error omission defect or deficiency in experimental data or the insured s interpretation of that data. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 Page 1 of 1
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ACE INA Insurance Assurance ACE INA TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number INFOCHIP LP 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following It is agreed that this insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit the Company from providing insurance including but not limited to the payment of claims. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE POLICY OTHER THAN AS ABOVE STATED. 2014 C0090 Trade or Economic Sanctions Endorsement 1114 Page 1 of 1
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ACE INA Insurance Assurance ACE INA WELDING OPERATIONS CUTTING OPERATIONS LIMITATION Named Insured Endorsement Number INFOCHIP LP 7 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following This insurance does not apply to bodily injury or property damage arising out of welding operations and cutting operations if the Insured or any of the Insured s employees is in breach of any of the following warranties Welding Operations Cutting Operations Warranties 1. Combustible Material All portable combustible material must be removed from the working area and adjoining areas. Floors must be swept clean prior to the operation. Wood floors must be covered by metal or wetted down. 2. Flammable Liquids or Vapours Drums tanks or other containers of explosive liquids or vapours must be cleaned and cleared of flammable or explosive liquids or vapors before work is done on them. 3. Spark Control Sheet metal guards asbestos blankets and similar protection must be provided to prevent hot metal and sparks from falling on wooden floors partitions and combustible material which can not be moved. 4. Fire Protection Sprinklers must be operative in the area during welding or cutting operations. Suitable fire extinguishers or hand hose must be maintained near the operations. An extra person must be provided in the welding or cutting team whose sole responsibility is to watch for sparks and promptly use the extinguishing equipment. 5. Post Operation Precautions After work a thorough check must be made for smouldering fire in out of the way places and guard patrol protection must be maintained for a minimum of one half hour. Welding Operations means the process whereby one or more of the parts to be joined is heated near or above its melting point and the heated surfaces are caused to flow together. Cutting operations means the process of applying heat to bring to red heat the spot to be severed gouged or pierced and the metal is burned in a jet of oxygen. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 C0040 Welding Ops Cutting Ops Limitation 0413 Page 1 of 1
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ACE INA Insurance Assurance ACE INA ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION Named Insured Endorsement Number INFOCHIP LP 8 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following This insurance does not apply to any liability arising out of the rendering or failure to render any professional services by or for the Insured including but not limited to 1 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications and Supervisory inspection or engineering services. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 Page 1 of 1
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ACE INA Insurance Assurance ACE INA DATA EXCLUSION Named Insured Endorsement Number INFOCHIP LP 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following It is agreed that this insurance does not apply to 1. any liability for loss or damage directly or indirectly caused by resulting from contributed to or aggravated by a the erasure destruction corruption misappropriation or misinterpretation of DATA b erroneously creating amending entering deleting or using DATA including any loss of use arising therefrom. 2. Personal Injury Liability arising out of the distribution or display of DATA by means of an Internet Website the Internet an Intranet Extranet or similar device or system designed or intended for the communication of DATA. 3. Advertising Liability arising out of the distribution or display of DATA by means of an Internet Website the Internet an Intranet Extranet or similar device or system designed or intended for the communication of DATA. DATA means representations of information or concepts in any form. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 CGL79A Data Exclusion 0413 Page 1 of 1
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ACE INA Insurance Assurance ACE INA EMPLOYMENT RELATED PRACTICES EXCLUSION Named Insured Endorsement Number INFOCHIP LP 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CGL324593 December 31 2014 to December 31 2015 December 31 2014 Issued By ACE INA Insurance Assurance ACE INA Broker BFL Canada Insurance Services Inc. Calgary Alberta AB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following It is hereby understood and agreed that this policy does not apply to any defense costs fines or damages which arise out of A. Bodily Injury arising out of any 1 Refusal to employ 2 Termination of employment 3 Coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or other employment related practices policies acts or omissions or 4 Consequential bodily injury as a result of 1 through 3 above. B. Personal Injury arising out of any 1 Refusal to employ 2 Termination of employment 3 Coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or other employment related practices policies acts or omissions or 4 Consequential personal injury as a result of 1 through 3 above. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. NOTHING HEREIN SHALL VARY ALTER OR EXTEND ANY PROVISION OR CONDITION OF THE CERTIFICATE OTHER THAN AS ABOVE STATED. 2013 CGL75A Employment Related Practices Exclusion 0413 Page 1 of 1
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