Document 2RKp95Dk28E4KJO2Q58KDQrLL

/ < *34 1SB A&tflQODA QOffi'AST BT * 2t is horebsr sated sad agreed that} Prca the 7th July, 1938 that Ths Attcocnrta Coeewaar <9U sngsdo wla* tfcs nans of Ooohran Poll OapparctieQ la tfie nanaPsoturo of alaalnltsa Poll Pop osa as Pood wagptoas ete* and the icdteolty jested ter this lollop la sxtoated to *sip seogedtegiffw \ \ 20 scBoetSJcaos or? the fcwsolfta these is ohanead to the \ Assessed ea eddlttaaal peoe&m oP Q8Jf219 aP st&sh this 701107*9 pecoptioa $9$ asoont* to u*a*/<40.42* Bufei&ot othwreiae to all the terns* eeaiitloas sad limitations op the polisj* ^ KtTTS/B N11043 Cm Anaconda Company, and others* It la hereby declared and agreed that the exclusion of Aircraft Liability under this policy shall not be held to elladnata coverage for Aircraft Products Liability aa this coverage is afforded by the primary insurance. It Is also declared and agreed that notwithstanding anything contained In the policy to the contrary the torsi "occurrence" mans an event or a conti naoue or repeated exposure to conditions which unintentionally causes injury Usings or destruction daring tha policy period. Any nosfeer of suoh injuries daosage or destruction resulting from e oosaaon sense eaz froa exposure to eubatantlelly the eeae oondltions hall be dseaed to result froa one occurrence. It is also declared and agreed that the tens "Products leaarda" aeanat* (1) goods or product* manufactured, sold* handled or distributed by the nsasd Assured or by others trading under his naaa, if the accident occura after poaaeaalon of such goods or products have been relinquished to others by the naaed Assured or by others trading under hie name and if aooh accident occurs away froa presdsea owned, rented or controlled by the naaed Assured or on premises for sbloh the elassifiostion stated la division la) of the deelarationa excludes any part of the foregoing! provided, each goods or products shall be deemed to inolude any container thereof, other than a vehicle, bat shall feot include any vending aschine or any property, other than such container, rented to or loaated for use of othere but not soldi (2) operations, if the aoeldent occurs after such operations have been completed or abandoned and occura sway from preadses owned, rented or controlled by the naaed Assured! provided, operations shall not be deemed incomplete because improperly or defectively performed or because further operation) may be required pursuant to en agreement! provided further, the following shall not be deeaed to be "operations" within the meaning of this paragraph! (a) plefc-up or delivery, exoept from or on to a railroad ear, (b) maintenance of vehicles owned or used by or on behalf of the Assured, (e) the existence of tools, uninstalled equipment sad abandoned or unused materials and (A) operations for which the classification stated in division (a) of the declarations apeeifioally laoludes completed operations. All other term and conditions remain unchanged. 1 AID 004688 15th April, 195a. 4634 XBH ASA30KDA COSPAIY ITS APPHilJKTKD, ASSOCIATED ABD SUBSIDIARY OOKPABESS AS BOV OOKRXZOra) OK AS KAZ EKBSZXA7Z5K BS ACqUIHKD OX CEXATKD ABB ZBSPIKA3T0B OQBSOLZPASBD COPPBE OOSPABY ABB VAKBIOK COOPBUmB K2RQAHTILS OOKPAHX ABB BUTT! COPPHS ABB ZZHQ CCttPAHX, It tm hxedbr dadarod arid agreod *ith sfifoot fra* April Uth, 1957 that to* eoomt of th* sodarlylBg ificaranoB in rscpost of Adrsrtlsava liability is laersasod to U8?1,000000 AH othar tanas, conditions and llaltaAiona of this polloj yansla malterod. nn/m AID 004689 Xlta RoT9abepfl?58 464 I THE AShOGtm 008EAK? ST AL* ! ' ' It la hereby noted end agreed that ffcaa the 7th July, 1958 that The Aaaeaoda Canpany will eagegt under tha naae of Cochran Toil Cagpcretioa la the manafaotare of aloralnlua foil Tar us mo food *rf@piag> ate* and tha loteoaity granted by thia policy la extended to apply accordingly* In eoeqacnee at tha fansgoing there la obarged to tha Ammsemk m additional pnesittt of 8.8#j4&*19 of which thla policy* a proporfclto egt tnuxmta to U#S^tQ*4SU mPi$ect otherwise to Al the taros, oaoditiona sad Xloltatioas of tty policy# / I 4 67343^_____ AID 004690 W.F. & D. LTD. ,. LONDON Date:- 3rd September, 1957 THIS ENDORSEMENT is to be deemed to be embodied in and form part of the original -Policy numbered ggft/fyfyi, and should be attached thereto., . NAME OF ASSURED: /' ' THE ANACONDA COMPANY AND/OR ITS AFFILIATED, ASSOCIATED AND SUBSIDIARY COMPANIES AS NOW CONSTITUTED OR AS MAY HEREINAFTER BE ACQUIRED OR CREATED AND INSPIRATION CONSOLIDATED COPPER WCOVMWPTAiUNUY ANtiiDi/ WIVAACRURUIO.VRA WCOUOrPAEIRUAUTlIVVElil JMu AECRvWCaALNNXJTLAILJJE-U COMPANY AND BUTTE COPPER AND ZINC COMPANY. '.EFFECTIVE 8th February, 1957 117 CONSIDERATION of an included additional premium such insurance as Is afforded by this Policy is extended to,cover the Anaconda Wire and Cable Co., as an additional Assured, it being under stood and agreed that in respect of' the above mentioned additional Assured only Exclusion (f) of the Policy shall be deemed to be inapplicable. ALL OTHER TERMS AND CONDITIONS OP THIS POLICY REMAIN UNALTERED. < AID 004691 ATTACKING TO AN2- POLLING PART Of POLICY NUMBER 5nV`3t. Named Assured: *r; ,\nA&nr>t C1P/tfT .CTVCn E?c A?KTLT Y.^VV'lfCTSLTS a*o oBaflratarsr c t o par is s no acn?Krp* es *,n '.-a? maaariiA.'-'n-sj as AflqGZjra es <TPH,irsD ii -3 rr-irLvria! C! IK* IfvCjJD !W S3 `C02*Vff .in 'WR ' tcjJCT?nxii c c bp a j w a s t > rorss c o p t is .y :j s s j j <sap u-v, (hereinafter called "the Named Assured") I. COVERAGE. INSURING AGREEMENTS. Underwriters hereby agree, subject to the limitations, terms and conditions hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability imposed upon the Assured, by law or assumed by the Named Assured under contract or agreement, for damages, direct or con sequential, and expenses, all as more fully defined by the term "ultimate net loss", on account of personal injuries, including, death at any time resulting therefrom, and property damage, caused by or arising out of each occurrence happening during the Policy period whilst anyehoro Ja tfae Hwld, II. LIMIT 0F,LIA3ILITY. Underwriters hereon shall only be liable for the ultimate net loss the excess of either (1) the amount recoverable under underlying insurances as set out in the attached Schedule, or (2) S' 5Q.CCO* ultimate net loss in respect of each occurrence not covered by said underlying insurance, (hereinafter called the "underlying limits"); and then only up to a further Slai-OCO. in all in respect of each occurrence, subject in respect or Products Liability to a limit of ^lOQ.OCO in ths aggregate for each annual period during the currlncy'of this Policy. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurance by reason of losses paid thereunder, this policy shall (1) in thr'event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance. The inclusion hereunder of more than one Assured shall not operate to increase Underwriters' limit of liability. AID 004692 / t h t s f o l ic *- is ssjzcr- ?c t h e rCiLcv.":;:-. d e f in it io n s : 1.. ASSOBBD: Tlie unaufilified word "Assured1, wherever used in this Policy, includes not only the Named Assured hue also-. - (a) any officer, director, stockholder or employee of the Named Assured, while acting in his capacity as such, (b) any person, organisation, trustee or estate to, whom the Named-Assured is- obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this Policy, but only, in respect of operations by or. on behalf of ttie Named Assured or of facilities used' by the Named Assured;: (c) with respect to any automobile owned by the Named Assured or hired"for use on behalf of the Named Assuredor to any aircraft hired for use on behalf of the Named Assured, any person while lisihjg such automobile or aircraft and any person or organisation legally responsible for the use thereof, provided- the; actual use of she automobile or aircraft is with the permission of the Named Assured. The Insurance extended by this bub-division (c), with respect to any person or -organisation other than the Name' Assured, shall not apply - 1-. to any person or organisation, or to any agent or employee thereof, operating an. automobile repair shop, . public garage, sales; agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; 2. to any manufacturer of aircraft, engines or aviation accessories, or any aviation sales or service or repair organisation or airport or hangar operator or their respective employees or agents, with respect to any occurrence arising 'out of the operation thereof; 3. to any employees with respect to injury to or the death of another employee of the same Employer injured in the course of such employment in an occurrence arising out of the maintenance or use of an automobile or an aircraft in the business of such Employer; b. with respect to any hired automobile or aircraft, to the owner thereof or to any employee of such owner. 2. PERSONAL INJURIES. The term "Personal Injuries" wherever used herein, shall include, but not by way of limitation; "Bodily Injury, Mental Injury, Mental Anguish, Shook, Sickness, Disease, Disability, False Arrest, False Imprisonment,. False Eviction, Detention, Malicious Prosecution, Discrimination, Humiliation, Invasion, of right of privacy, LibeI,Slander or Defamation of Character; also. Piracy and any Infringement of Copyright or of property or contract rights committed or alleged to have been committed in the conduct of the Assured's advertising activities." -2- AID004693 It. is understood and agreed, r.o'-ever, that with respect to advertising activities this Policy shall not apply to claims against the Assured; 1 * For failure of performance of contract (but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of implied contract) . 2. 3y advertising agents of the Ass tired. 3. For inffinsetient of trade-mark or trade-name by use thereof as the trade-marlc or trade-bane on goods as advertised.' 4. For incorrect description of any article or commodity. 5. For mistake in advertised price. 3. PROPERTY DAMAGE. The term "Property Damage", wherever used herein, shall include, but not by way of limitation, damage to or destruction or loss of property excluding however, damage to property owned by the Named Assured. 4. OCCURRENCE. ............ --t o -------- The term "Occurrence", wherever used herein, shall'mean one happening or series of happenings, arising out of or due to one event taking place during the term of this Policy, 5. ULTH'-ATS NET LOSS. The term "ultimate net loss" shall mean the total son which the Assured,, or any company as hi3 Insurer, or both, become obligated to pay by reason of personal injury or property damage claims, either through adjudication or compromise, and"shall also include hospital, medical and funeral charges and all suns paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the Named Assured's or of any underlying Insurer's permanent employees. The Underwriters shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance. 6. AUTOMOBILE. The term "automobile" wherever raed herein, shall mean a land motor vehicle, trailer or semi-trailer. 7. AIRCRAFT. The term "aircraft", wherever used herein, shall mean any heavier- than-air or lighter-than-air aircraft designed to transport persons or property. . 3- - AID004694 3. PHODUCTS IIALIIITN. The tern "products: liability" means (1) liability arising out of the handling or use of, the existence of any condition in cr a warranty of. goods or nredacts manufactured, sold, handled, or distributed by the Named Assured, other than equipment rented to or located for use cf others out not sold,. after the' Named'Assured has relinquished possession thereof to others and away" from premises owned, rented or controlled by the Named Assured. (2) liability arising from operations, if the occurrence occurs after such Operations have been completed or abandoned.at the place of1 occurrence thereof and away from premises owned, rented or controlled by the Named Assured, except (a) pick-up and delivery, (b) the existence of tools, uninstalled equipment and abandoned pf unused materials;, provided operations shall "hot be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to a service of maintenance agreement. 9. ANNUAL PERIOD. The term "each annual period" shall mean each consecutive period of one year commencing from the -inception date of this Policy. TEIS~ POLICIT IS SU3J3CT TO TH5 FOLLOWING EtCLUSIONS: This Policy shall not apply, except insofar as coverage is available to the Assured under the'underlying insurances set out in the attached Schedule. (a) to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for personal injury or Death resulting from: any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft; (b) to claims made against the Assured. (i) for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof nor for the cost of such repair or replacement; (ii) for the loss of use of any such defective product or products or part or parts thereof; (iii) for improper or inadequate performance, design or specification. (a) except in respect of occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. -U- AID 004695 (d) 'With respect to any Aircraft. (e) to any obligation for which the Assured or any Company as its Insurer nay be held under any Workmen's Compensation, Employer's Liability or OccuDational Disease Law provided however that this' exlusior. does not apply to liability of others' assumed by the Named Assured under contract or agreement. (f) to liability arising from damage to or destruction of property under the Assured* s oare, custody or control. THIS POLICY IS SU3J5CT TO THE POLLOUIN& COiTDITIONS: A. PBTB.TTTTi.'. The premium for which this Policy is issued is a flat premium and is not subject to adjustment oh expiry. B. INSPECTION AND AUDIT. ONDSHWRITEES shall be permitted at all reasonable times during the Policy period to inspect the premises, plants, machinery and equipment used in connection with the Assured's business, trade or work, and to examine the Assured's books and records at any time during the currency hereof and within one year after final settlement of all claims so far as the books and records relate to any payments made on account of occurrences happening during the term of this Policy. C. CB035 LIA3ILITY. In the event of claims being made by reason of personal injuries suffered by any employee or employees of one Assured hereunder for which another Assured hereunder is or may be liable, then this Policy shall cover such Assured against whoa a claim is made or may be made in the same manner as if separate policies had been issued to each Assured 'hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder for which another Assured'is, or may be, liable, then this Policy shall cover such Assured against whom a claim is made or may he made in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase Underwriters1 limit of liability as set forth in Insuring Agreement II. D. NOTICE OP OCCURIENCE. Whenever the Assured has" information from which the Assured may reasonably'' conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Assured should be held liable, is likely to involve this Policy, notice shall be sent to Johnson and Higgins, 63, Wall Street, New York 5, New York. 5- - AID004696 *bo aha11 refer to the UsJarmritsro for isotruotiona as soon as oracticable,/provided however1, that failure to notify the above firm of any' occurrence which at the time cf its happening did. not, appear to involve this Policy, but which, at a later date, would appear to-, give rise to claims' hereunder, shall not prejudice, sucii claims. 3. ASSISTANC3 AND CO-OPERATION. Underwriters shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Assured but Underwriters Shall have the right and shall be given the opportunity to associate, with; the Assured or the Assured's underlying insurers, or both', in the defense and control cf any claim, suit or proceeding relative to an occurrence where the claim or suit involves, cr appears reasonably likely to involve, tinderwrilers, in which event the Assured and Underwriters shall co-operate in all things in the defense of such claim, suit or proceeding. F. APPEALS.. In the event the Assured or the Assured's underlying Insurers elect not to appeal a judgment in excess of the underlying limits. Underwriters may elect to make such appeal at their cost and expense, aiti.' ahalll i be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of" UndelrwilterS' for ultimate net loss exceed the amount set forth in Insuring 'Agreement II for any one occurrence and in addition the cost and expense of such appeal. G. LOSS PAYABLE. Liability under this Policy with respect to a'ny occurrence shall not attach unless and until the Assured, or the Assured's underlying Insurers* shall have paid the amount of the underlying limits on account; of such occurrence. The Assured shall malts a definite claim for any loss for which the Underwriters may be liable.under the Policy within twelve (l2) months after the Assured shall have paid an amount of ultimate net loss in excess of the amount borne by tie Assured or after the Assured's liability shall have been fixed and rendered certain either by final judgment against the Assured after actual trial or by written agreement of the Assured, the Claimant, and Underwriters. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims shall be1 made similarly from time to time. Such losses shall be due and payable; wltihin thirty (30) days after they are respectively claimed and proven in conformity Tilth this Policy. H. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Underwriters shall not be relieved thereby of the payment of any.claims hereunder because of such bankruptcy or insolvency. I. OTHER INSURANCE. If other valid and collectible insurance with any other Insurer is available to the Assured covering a loss also covered by this policy,other than Insurance that is in excess of the insurance affordjed by this Policy, the insurance afforded by this Policy shall be in excess of and shall not contribute with such other instance. Nothing herein shall be construed to make this Policy subject to the terms, conditions and limitations of other insurance. -6- AID 004697 / w * SU^RGGAT iQ'N, inasmuch as this Policy is -'Excess Coverage:', the Assured's right of recovery against any person or other entity cannot be exclusively subrogated, to. th.e Underwriters, ' It is therefore, understood .nd agreed that in case of any pa;ynent hereunder, the Underwriters will act in concert with all other interests (including the Assured) concerned, in. the exercise of such rights of recovery. The apaortfoiling of any 'amounts which nay be so recovered shall follow the principle, tha.i any interest (including .the Assured) ' that; shall have paid'an amount pVer and. above; any payment hereunder, shall first, be reimbursed: np tc the imount paid by them;, the Underwriters are then to be'reljabtulsed. out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Assured) of whom this coverage is in excess are entitled tc claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the, inferests '(including::'the' Assured) concerned, in the ratio of their respective recoveries as finally settled. K. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this policy or estop Underwriters from asserting any right under the terns of this Policy; nor shall the terms of this policy, be waived or changed, except by Endorsement issued to form a part hereof, signed by Underwriters. L. ASSIGNMENT. Assignment of interest under this Policy shall not hind Underwriters until their consent is endorsed hereon. M. CANCELLATION. This Policy may be cancelled by the Named Assured or by the . Underwriters or their representatives by sending by registered mail notice to the other party stating when, not less than ( ) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by Underwriters or their representatives to the Assured at; the address shown in this Policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or hy the Underwriters or their representatives shall be eauivalent to mailing. N. CUHHENCy. The premiums and losses under this Policy are payable in United States Currency. O. CONFLICTING STATUTES. In the event that any provision of this Policy is unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. 7- - i AID 004698 P. SERVICE OF SPIT CLAUSE. It Is agreed, that dr* the event; of the failure of Underwriters hereon to pay any'amount claimed to be due hereunder, Underwriters hereon, at the request of the Assured will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters, arising hereunder shall be determined in accordance with the1 law and practice of such. Court. It is further agreed that service of process in such suit maybe made upon K3HDES AKD MOUNT, 21, V/illiam Street, Hew York, and/or their nominee(s) and that in any suit instituted against any ons of them upon this contract. Underwriters will abide by the final decision of such Court or of any Appellate court in the event of an appeal. The above-named are authorized and directed to accept service of process: on behalf of Underwriters in any, such nuit! and/or upon the request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes prevision therefor. Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officers specified for that purpose in the statute, or his successor or successors in office, as their true and. lawful attorney upon whom may be Served any lawful process in any action, suit! Off proceeding instituted by or op behalf of the Assured of any biepeficiary hereunder arising out of this contract of insurance, apji hereby designate the above-named as the person to whom tpe saidSf officer is authorized to mail sueif. process or a true copy thepeoli* Q. MAIHTEUAHOE OF UNDERLYING INSURANCES. It is a condition of this Policy that the Policy or Policies referred to in the attached ''Schedule of Underlying Insurances" shall be maintained in full effect during the currency of this Policy except of 4ny reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of accidents and/or occurrences Occurring during the period of.this Policy. -8- AID004699 a t t a c h in g , t c a s p ?o e ,..i i;g p a r t o f p o l ic y n o . h q u / IT IS H-iL.3I UiID~R3T00D ni~D AG?_dD that Definition 5.Ci.IlkATi. N3T LOSS; Condi-cion J. SUBEOGAIIOS; and Condition ii. CASOx UASICK.; shall he deemed to be deleted and replaced by the following: Definition 5. ULIIi~ftI3 K3I LOSS, The term "ultimate net loss" shall mean, the total sum which the Assured, or any company: as its Insurer, or both, become obligated to pay by reason of personal injury: or property damage claims, either through adjudication or compromise, ana shall also include hospital, medical and funeral charges and all sums paid as salaries, wages, compensation, fees, Charges ana law costs,' premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators and other persons, and for litigation, settlement, adjustment ar.d investigation of claims and suits which Ire jiaid as a consequence of any occurrence, covered hereunder, excluding only the salaries of the Kamed Assured's or of any underlying Insurer's permanent employees. The Underwriters shall not be liable fpr expenses as aforesaid when sudh expenses are included in other valid and collectible insurance. Nothing herein contained shall be construed to mean that the Assured Shall be required to enforce by legal action any right of subrogation or indeunisy before the Underwriters shall pay any loss for which they may be liable hereunder. Condition J. SUBROGATION. Inasmuch as this Policy is "excess Coverage", the -.ssured's right of recovery against any person or other entity cannot be exclusively subrogated to the Underwriters. It is therefore, understood and agreed that, in case of}:any payment hereunder, the Underwriters will act in concert with all other interests (including the Assured) concerned, in the exercise of such rights of recovery but the Underwriters shall- havje no rights of subrogation against any. owned or controlled subsidiary or affiliated company of the'Named Assured, The apportioning,of any amounts which may be so recovered shall follow the principle that any interest (including the Assured) that shall have paid an amo:junt over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; the Underwriters are then to be reimbursed out of apy balance then remaining up to the amount paid hereunder; lastly, the interests (including the Assured) of whom this coverage is in excess are entitled to claim the residue, if any. .expenses necessary to the recovery of any such amounts shall be apportioned between the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally settled. "! Condition M. CAN CRT,T,ATION. This Policy may be oarioelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice to the other pdrty stating when, not less than Thirty (30) days thereafter, cancellation shall be effective.The mailing of notice as aforesaid by Underwriters or their representatives to the Assured at the address' shown in this Policy shall be sufficient proof of notice, and the Insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Underwriters or tbeir representatives shall be equivalent to mailing. In the event of cancellation by (a) the Assured, the earned premium to be retained by the Underwriters shall be calculated at short rate of the flat premium; (b) the Underwriters, the earned premium to be retained by than shall be calculated at a pro-rata premium. AID 004700 cog53Hs:;si^; s g l o u l :i o p u y d e r l y ii-g iy c l u d i:' I.UTO. '0--I TRAVELERS nTSCRA2TCC COhPAKy Covering in United Stares of America, is territories or possessions, Canada and Sevfoundland. b o d il y ursmea 1,000,000y 1,000,000./1,000,000. aggregate products ^ PROPERTY DALAG5: (Automobile.) 500,000. : PROPERTY DAI AGS: (other than Automobiles) *500,000. 500,000. 500,000. 5QO,0oo. 500,000. any one accident, aggregate operations, aggregate protective, aggregate products, aggregate Contractual. Comerehensive 1 General Liability Bodily Injury ) and Property ) Damage including ) 'water Craft. BODILY II;JURY: 10,000./10,000. PROPERTY DATAG3; *10,Q00. ) ) Contractual Liability 5 Agreement between the j Atchison Topeka and ) Santa Fe Railway ) Company and Anaconda l Company. -OOLPRgiSSSIVS GSK55AL ILA3ILIIY IKCITDISG AUTOMOBILES CO'-IiBRClAL INSURANCE COMPANY 0? NEWARK (Mexico.) BODILY IITJURY: 200,000./500,000. PROPSRTY DAMAGE: 50,000. any one accident. ) ) Comprenensive ) General ) Liability 1 including ) Automobiles. 50,000. aggregate operations. 50,000. aggregate protective. 50,000. aggregate contractual. N37JARK INSURANCE COMPANY. Covers remainder of operations outside United States of America,its territories or possessions, Canada, Heufoundlana and Mexico with the exception of Russia and Russian controlled countries. 30DILY INJURY: ' 1,000,000./1,000,000. PROPERTY DAMAGE: 500,000. any one occurrence, (Comprehensive General (Liability including (Automobiles (occurrence basis. ADVERTISERS LIABILITY: , .750 000 -1- AID004701 LLOYD:' S. ILLINOIS^ DRAM ACT. BODILY INJURY: *50,000. any one person BODILY INJuRY: el CO, COO. any one ooourrenee. MEANS OF SUPPORT: $50,000, PROPERTY DAHA.SS! $50,000. -2- AID004702 i \ . KU&Si. \ HE AHACCra/. CCBTViTTT iS2/CSl Its AmLIAT22. ACSfclATSD ARD SUBSlDLAEr CCOWEISS AS ROK OCHSTETOS OB A- Ka T tvssixmrrss a3 ac c Sj Is g d oa c b s at s > a h l rn.-pmriw oosi'ouiMXsa corns cag-Airr aid c a h e x o c cooPK&*Tm EKBCMTTILE CC8IPA.EI ABO BUTTS CGPPH2 ABD SIRS COICAU' Of Rnttjfc- ficatOJSAk * ^ ySRat D.3.,580^5 65*00 PIS C3TT OP TEK rrman sis k j io t nr TIE ATT-OSSS I5CRSSHO. SA bS%. Am par attached hereto Met la to ha taken aa foreleg part of tUa Po IIj o j , OctaBar, ta5fi October, t939 6th fcth B8M8M at *000, Looel Standard Tlaa . , rjoptartior, fifty Sevan. 6th 'ID > tiaiv I AID 004703 raicsrffassB -Msna et s s o t t s s 'o t s e't p&aasziBxs o s t :s Tsssztm a z t f c b t r II! as AiTAC-lS) .CMEZ1. \ tnas MJCf is ceSi^oot to tte zcotSUoaa of Mso tailoring attscbci Clanoe*j- 1 tkx Ml Mamin 2* Tact <u-i Hi! OTDiR'JUTSsa bertxn s&Ul bo lisbLo S 6wx> par oast of ucr ami r^rtnh tba a s u o ms I bull bo entitle! to gaoooar oooar tbo srorlaiaES of tba mtnmrity era forth in tbs attached 5S9a5S?SS5saseraaro SpEWffl.M^S AID 004704 usmmsa W. F. & D. LTD, Endorsement No. N. 3QU33 Date:- llth noveinbar,l?58 to: be attached to and form part of Combined Policy No. NAME OF ASSURED: !B AHAOOKDA COP?ANY 35 AL* It la hereby noted end ascend that fron tha 7th July, 1958 that Tha Ancoonda Cnrinrasr will *nca0B undar the ruzna et Coeftrcn Poll Corpomtlm in ti mororfooturo of: altsmaim foil far ua on food Tira-pinsa ate* and tbo lcdonotty granted by thin policy Is extended to aiply eceardlncly* In eoaooqaeooo af the fore.colna there le charged to the Assured on additional protslm of U.0./62.19 of Shiah this policy's proportion 33S aocants to U*S*;>177* subjoat otherwise to all tbs terns, conditions and Hesitations of the policy* In witness whereof I, being a representative of the Leading Company and authorised by the said Company, and by all other Companies appearing hereon, to sign this endorsement on their behalf, have hereunto subscribed my name this day of 19 COMPANY. POLICY REF. Engl Iah A American laanrano* Co* Ltd*, 107/95989 Andre* Weir Xncorona* Co* Ltd., 57B23H5V685 Excess znanronoa Co* Ltd*, 58100/5835 fforld Asxiliaey Iaoaraooa Corporation Ltd., 31/U0906 PROPORTION OF PREMIUM. 03*^6* 22 8*22 6.22 J*il EJU/DER 30({7{() AID 004705 "V. F. & D. LTD. Endorsement No. N. 30433 Date:- 30th October, 1958 to be attached to and form part of Combined Policy No. 4534 NAME OF a s s u r e d : fug ANAOONDA COKPAUr 3T AL It la hereby noted and agreed that from the 7th July, 1958 that The Anaconda Company will engage tinder the name of Cochran Fur Corporation in the asnufaotnve of alnalnluo foil for use aa food wrappings etc* and the indemnity granted by this policy la extended to apply accordingly. In oonaequenos of the foregoing there la charged to the Assured an additional preoitta of U.8.62sl9 of which this policy's proportion 355S swoonta to O.S.;i21.77. Subjsot otherwise to all the terms, condltiona and llmitatlona of the polioy. In witness whereof I, being a representative of the Leading Company and authorised by the said Company, and by all other Companies appearing hereon, to sign this endorsement on their behalf, have hereunto subscribed my name this day of 19 COMPANT. POLICY REF. English 4. Arlean Insurance Co, ltd*, 107/959S9 Andrew Weir Insurance Co* ltd*, 57*351155/685 Excess Insurance Co. ltd.. 561TC/5835 world Auxiliary Insurance Corporation 3I/U0906 ltd.. PROPORTION OF PREMIUM. U.S./6.22 6.22 6.22 3*11 KJW/JKL AID 004706 P. & E. LTD. Date:- 10th June t T 31=5 - Endorsement tO' be attached to and fora part of Combined Policy Ho. U63k HALS 0? A5SC32D:- TEE ANACONDA COMPANY, and others. It is hereby declared and agreed that the exclusion of Aircraft Liability under this policy shall not be held to elimate coverage for Aircraft Products Liability as this coverage is aff orded by the primary insurance.. It is also declared and agreed that notwithstanding anything contained in the policy to the contrary the term "occurrence" means an event or a continuous or repeated exposure to conditions which unintentionally causes injury, damage, or destruction during the policy pefiod. Any number of such injuries, damage or destruction resulting from a connon cause or from exposure to substantially the sane conditions shall be deemed to result from one occurrence. It is also declared and agreed that the term "Products Hazard" means:- (1) goods or products manufactured, sold handled or distributed by the named Assured or by others trading under his name, if the accident occurs after possession of such goods or products have been relinquished to others by the named Assured or by others trading under his name and If such accident occurs away from premises owned, rented, or controlled by the named Assured or on premises for which the classification stated in division (a) Of the declarations excludes any part of the foregoing; provided", such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold; (2) operations, if the accident occurs after such operations have been completed or abandoned and occurs away from premises owned, rented, or controlled by the named Assured; provided, operations, shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further, the following shall not be deaned to be "operations" within the meaning of this paragraph: (a) Pick-up or delivery, except from or on to a railroad oar. (b) maintenance of vehicles owned or used by or on behalf of the Assured, (o) the existence of tools, uninstalled equipment and abandoned or unused materials and (d) operations for which the classification stated in . division (a) of the declarations specifically includes completed operations. EJW/IM continued AID 004707 All other terms and conditions remain unchanged. In witness whereof I, being a representative of the Leading Company and authorized by the said Company, and by all other Companies appearing hereon, to sign this endorsement pn their behalf, have hereunto subscribed my name this day of1 19 COMPANY. POLICY REP. Basilsh A Amt less X&anrsaM Co.Ltd. Mdre* telr Znaaranse Co., Ltd., Oases lannau Co., Ltd,, world Auxiliary X&soraao* Corps. Ltd., 107/959*9 5JM331X55/6S5 56 HO 5*35 33/W906 EJW/Bm AID 004708 W. F- *4 D. LTD. Endorsement No. N. Date:- 15th April, 1953. to be attached to and form part of Combined Policy No. 4634 NAME OF ASSURED: ' fSACOSOk COMPANY ASD/GSL ITS AFFILIATED, ASSOCIATED SJD SUBSIDIARY COMPANIES AS NOT OQBBTZTUTSa OS AS SAY HEREINAFTER BE ACQUIRED OS CREATED AND INSPIRATION CONSOLIDATED COFFER CCMPABY AND WARRIOR COOPERATIVE UERCANTI1B COMPAST ABO BUTTE COPPER AND ZINC COMPANY. It la hereby deelarod cud agreed with tfeat fron April 11th. 1957 that the amount at the underlying inauronae in reepeat of AdvertHere Liability la Increased to 0. a./l,OOO, OOO. All other torn** condition* and llaltatlona of this policy remain unaltered. In witness whereof I, being a representative of the Leading Company and authorised by the said Company, and by all other Companies appearing hereon, to sign this endorsement on their behalf, hare hereunto subscribed my name this day of 19 COMPANY. POLICY REF. &igllah A American Inaurance Co.Ltd. 107/95999 Andrew 7ir Insumnoo Co., Ltd., 57*33115!/685 Kzceaa laanrmnoe Co., Ltd., S6LZC/5935 World Ancillary Insurant* Carpn.Ltd* 3l/i|0906 PROPORTION OF PREMIUM. EJw/nt I7(J) a id 004709 - 3. LTD., LONDON Date:- 3rd Septeaber,lS57 THIS ENDORSEMENT is to be deemed to be embodied in and form- part of the original Policy numbered 594^634* and should be attached thereto, NAME OP ASSURED: THE ANACONDA COMPANY AND/OR ITS AFFILIATED, ASSOCIATED AND SUBSIDIARY COMPANIES AS NOW CONSTITUTED OR AS MAY HEREEJAFTiK EE ACQUIRED OR CREATED AND INSPIRATION C CHSOLXDATED COPPER COMPANY AND WARRIOR COOPERATIVE MERCANTILE COMPANY AND BUTTE COPPER AND ZINC COMPANY. EFFECTIVE_8th_FebruaryiL 957. IN CONSIDERATION of an included additional premium such insurance as is afforded by this Policy is extended to cover the Anaconda Wire and Cable Co., as an additional Assured, it being understood and agreed that in respect of the above mentioned additional Assured only Exclusion (f)'of the Policy shall be deemed to be inapplicable. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNALTERED. AID 004710 ATTACHING TO AND PCEMINC- PART 07 POLICY NLTELR 59U/UC3U. Named Assured: TES ANACONDA COttPAUr Alffl/OH ITfl APFILIATID, AUCOCIATSD AND StJOJIDlAHT CCUEAniHS AS TKXI CCITBTITOTS) Oil A3 ,'1AY B&srmrsa Bs Acomsso o h c h ea t e d a n d 2ik *^z s ax z c h mwi'.Tmm COPI'iS COURtlTY AND V/AHRIOT! COOKKATITO lXCTT.tTTTTTj; CCUEAHX AUB BUTTS CCFPSR AKD 2ETO COEPAliY, (hereinafter called "the Named Assured") I. COVERAGE INSURING AGREEMENTS. Underwriters hereby agree, subject to the limitations, terms and conditions hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability imposed upon the Assured by law or assumed by the Named Assured under contract or agreement, for damages, direct or con sequential, and expenses, all as more fully defined by the term "ultimate net loss", bn account of personal injuries, including death at any time resulting therefrom, and property damage, caused by or arising out of each occurrence happening during the Policy period tfcllot nnyrthero in the world* II. LIMIT OP LIABILITY. Underwriters hereon shall only be liable for the ultimate net loss the excess of either (1) the amount recoverable under underlying insurances as set out in the attached Schedule, , .(.2) 0 50 000 or ultimate net loss in respect of each occurrence not covered by said underlying insurance, (hereinafter called the "underlying limits"); < , *and then only up to a further 0 00 000 in all in respect of each < , *occurrence, subject in respect of Products Liability to a limit of 0 00 000 in the aggregate for each annual period during the currency of this Policy. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurance by reason of losses paid thereunder, this Policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance. The inclusion hereunder of more than one Assured shall not operate to increase Underwriters' limit of liability. -1- AID004711 1 ASSURED; The unqualified nord'Vssured-', wherever used in this Policy, includes: not only the Named 'Assured hue also; - (a) any officer, director, stockholder or employee of the Named Assured, while acting in his capacity as such, (b) any rerson, organisation, trustee or estate to whom the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by 'this Policy, but only in respect of operations by or on behalf of thh Named'Assured or of facilities used by the Named Assured; (o) with respect to any automobile owned by the Named Assured or hired" for use on behalf of the Named Assuredor to any aircraft hired for Use on behalf of the Named Assured, any person while .using such automobile or aircraft and. any person or organisation legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission:of the Named Assured. The Insurance extended by this sub-division (c), with respect to any person or organisation other than the Named Assured, shill not apply 1. to any person or organisation, or to any agent or employee thereof, operating an automobile repair shop, public garage, shies agency, service station, or public parking place, with respect to any occurrence arising out of "the operation thereof; 2. to any manufacturer of aircraft, engines or aviation accessories, or any aviation sales or service or repair organisation or airport or hangar operator or their respective employees or agents, with respect to any occurrence arising Out of the operation thereof; 3. to any employees with respect to injury to or the death of another employee of the same Lnroloyer injured in the course of such employment in an occurrence arising out of the maintenance or use of an automobile or an aircraft in the business of such Employer; h. with respect to any hired automobile or aircraft, to the owner thereof or to any employee of such owner. 2. FERSONAL INJURIES. The term "Personal Injuries" wherever used herein, shall include, but not by way of limitation; "Bodily Injury, Mental Injury, Mental Anguish, Shock, Sickness, Disease, Disability, False Arrest, False Imprisonment, False Eviction, Detention, Malicious Prosecution, Discrimination, Humiliation, Invasion, of right of privacy. Libel,Slander or Defamation of Character; also. Piracy and any Infringement of Copyright or of property or contract rights committed or alleged to have been committed in the conduct of the Assured's advertising activities." -2- AID004712 It is understood and agreed, hc'-ever, that with respect; to advertising activities' this policy shall not apply to. claims against the Assured: 1 , For failure of terforr.iance of contract (but this shall hot relate to claims for unauthorized appropriation of ideas based upon alleged breach of Implied contract). 2. 3y advertising agents of the Assured, 3. For infringement of trade-mark or trade-name by use thereof as the trade-mark or trade-name on goods as advertised. 4. For incorrect description of any article or commodity. 5. For mistake in advertised price. 3. PROPERTY DAMAGE. The term "Property Damage", wherever used herein, shall include, but not by say of limitation, damage to or destruction or loss of property excluding however, damage to property owned by the Named Assured, 4. OCCURRENCE. The term "Occurrence", wherever used herein, shall mean one happening or series of happenings, arising out of or due to one event taking place during the term of this Policy. 5. ULTIMATE NET LOSS. The term "ultimate net loss" shall mean the total sut which the Assured, or any company as his Insurer, or both, become obligated to pay by reason of personal injury or property damage claims, either through adjudication or comoromise, and shall also include hospital, medical and funeral charges'and all sums paid as Salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators: and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence ojf any occurrence covered hereunder, excluding only the salaries of the Named Assured's or of any underlying Insurer's permanent employees. The Underwriters shall not he liable for expenses as aforesaid when such expenses: are included in other valid and collectible insurance. 6. AUTOMOBILE The term "automobile" wherever ised herein, shall mean a land motor vehicle,, trailer or semi-trailer. 7. AIRCRAFT. The term "aircraft", wherever used herein, shall mean any heavierthan-air or lighter-than-air aircraft designed to transport persons or property. -3- AID 004713 &. F50DUCTS. IIA3ILI?-'. The tern "products liability" nenr.s (-1 ) liability arising out of the handling or use of, the existence of any condition in or a warranty of goods or products'manufactured, sold, handled, or distributed by the Named Assured,1 other than equipment, rented to or located for use of others but not sold, after the Named Assured has. relinquished possession thereof to others and awayfrom'ureiilses owned, rented or controlled by the Named Assured. (2) liability arising fhom operations, if the occurrence occurs after such operations have been completed or abandoned at the place of occurrence thereof and away from premises owned, rented dr controlled by the Named Assured, except (a) pick+up and delivery, (b) the existence of tools, uninstalled equipment and abandoned or unused materials; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to a service of maintenance agreement. 9. ANNUAL PERIOD. The term "each annual period" shall mean each consecutive period of one year commending from the inception date of this Policy. THIS POLICY IS SU3JNCT TO TH3 FOLLtNTIxTG EXCLUSIONS; This Policy shall not apply, except insofar as coverage is available to the Assured under the*underlying insurances set out in the attached Schedule. (a) to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for personal injury or Death resulting from any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft; (b) to claims made against the Assured, (i) for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof nor for the cost of such repair or replacement; (ii) for the loss of use of any such defective product or products or part or parts thereof; (iii) for improper or inadequate performance, design or specification. (c) except in respect of occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 4- - AID 004714 (d) V/i.th respect to any Aircraft. (e) to any obligation for which the Assured, or any Cbnfoany as its Insurer nay be held Under any Workmen's Compensation, Employer's Liability or Occupational Disease Law provided however that this*exlusion does not'apply to liability of others assumed by the Named Assured'under contract or1 agreement. (f) to liability arising from damage to or destruction of property under the Assured1 s care, custody or control. THIS POLICY IS SU3JSCT TO THE FOLLOWING CONDITIONS: A. PREfflUh. The premium for which this Policy is issued is a flat premium and is not subject to adjustment on expiry. B. INSPECTION AMD AUDIT. UNDERWRITERS shall be permitted at all reasonable times during the Policy beriod to inspect the premises, plants, machinery and . equipment used in connection with the Assured1s business, trade or work, and to examine the Assured's books and records at any time during the currency hereof and within one year after final settlement of all claims so far as the books and records relate to any payments made on account of occurrences happening during the term of this Policy. C. CROSS LIABILITY. In the event of claims being made by reason of personal injuries suffered by any employee or employees of one Assured hereunder for which another Assured hereunder is or may be liable, then this Policy shall cover such Assured against whoa a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder for which another Assured is, or may be, liable, then this Policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase Underwriters' limit of liability as set forth in Insuring Agreement II. D. NOTICE OF OCCURRENCE. Whenever the Assured has information from itfiich the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Assured should be held liable, is likely to involve this Policy, notice shall be sent to Johnson and Higgins, S3, ?/all Street, New York 5, New York. -5- AID004715 who shell refer to the Underwriters for Inntractions as soon as practieabls/srovided however, that failure to notify the: above firm of any occurrence which at the tine cf its haopening did net appear to involve this Policy, out utlich, at a inter date, would appear to give rise to claims Keretinder, shall not prejudice such claims. S. ASSISTANCH A>m .C0-0PL3ATIC.T. Underwriters shall not be called upon to assume charge of the settlement cr defense, of any claim made or suit brought or proceeding: instituted against: the Assured but: Underwriters shall have the right-, and shall: tie given the opportunity to associate with the Assured or the Assured's underlying insurers', or-both, in the defense and control-' 'Of'isay. Claim, suit; opi proceeding, .reiaiivs' -to an occurrence whdi'e- ijkfei fSaim pf Ouit inVpiv|Sj: nnhappeat'Shpeai'onably likely to ^v'olvnhSndOr^rriterO'j.- in. whitin''evenf':'tIi6;!':Asisnred''':'and Ynderwri ters shall co-operate in all things in the defense of such claim, suit or pfo-:ceeSiiig>,' ?. APPEALS. In the event the Assured or the Assured's underlying Insurers elect not to appeal a judgnent in excess of the underlying limits. Underwriters may elect to make such appeal at their cost and expense, andi shell::Ise- liable for the taxable costs and'disbursements and interest incidental thereto, but in no event shall the liability of Undsftjtijiters for ultimate net loss exceed the amount set forth in Inepblhg-ii^fereement II for any one occurrence and in addition the cost anil1 expense of such appeal. G. LOSS, PAYABLE. Liability under this policy with respect to any occurrence shall not attach: unless and until the Assured, or the Assured's underlying Insurers, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall niaks a definite claim for any loss- for which the Underwriters may be liable under the Policy within. twelve (i 2) months after the Assured shall have paid an amouht of ultimate net loss in excess of the amount borne by the Assured or after the Assured's liability Shall have been fixed and rendered certain either by- final judgment against the Assured after actual trial or by Written agreement of the Assured, the Claimant, and underwriters. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims shall be made: Similarly ff:om time to time. Such losses shall be due and payab|e| ^ifhln thirty (30) days after they are respectively claimed and: proven In conformity with this Policy. H. BANKHUPTCY AMD INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Underwriters shall not be relieved thereby of1 the payment of any claims hereunder because of such bankruptcy or insolvency. I. OTHER INSURANCE- If other valid and collectible insurance with any other Insurer is available to the Assured covering a loss also covered by this policy,other than Insurance that is in excess of the insurance afforded by this Polioy, the insurance afforded by this Policy shall b;e in excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this Policy subject to the terms, conditions and limitations of other insurance. 6- - AID 004716 ^ SU2RCG-ATI017. Inasmuch. as this Policy is 'Excess Coverage'', the Assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Underwriters, it is therefore, understood and agreed that in case of any payment hereunder, the.Underwriters fill act in concert with all other interests (including the Assured) concerned,ih'the'exercise of such rights of recovery. The apportioning of ary amounts which may be so recovered shall follow the principle that any interest (including the Assured) that shall have paid, ai} amount ever and. above any payment hereunder., shall first be reimbursed up to the amount paid by them;: the Underwriters are then to be reimbursed out of any'balance then remaining up to the amount paid hereunder; lastly, the interests (including the Assured) of V/hOm-.thi's o.ovepage: is in excess are entitled to claim '.'the residue; idhahyi'.' 'Expenses, necessary to th!S'pec.o^sry. :^f.'an^VdUipiii'.ampipiltS' shall bd apportiokedlSetweCii the 'inted.e'M'((iShiUdi't^:;(i|lS':;::^-Steur:ed). conceriiCd, in the. rhiid of 'iheir''respe'etive "'Recoveries:-:'ds-. finally seitledi K. CHANGES, Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this policy or estop Underwriters from, deserting any right .under the terms of this Policy; nor shall the tpidias of 'this policy be waived or changed, except by Endorsement issued' to form a part hereof, signed by Underwriters. L ASS I.G-NIIENT, Assignment of interest under this Policy shall not bind Underwriters until their consent is endorsed hereon. H. nAWR^TT.ATTm. This Policy .may be cancelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice:" to the: other party stating when, not less than j ( ) days thereafter, cancellation shall be effective. The mailing of notipe as aforesaid by Underwriters or their representatives to the 'Aspired' Sift the address shown in this Policy shall be sufficient proof oli,notice, and the insurance under this policy shall end on the, efilctiveli; date and hour of cancellation stated in the notice. Delivery! of slUch written notice either by the Named Assured or by the iUnperwrlifers or their representatives shall be equivalent to mailing; N. dUBBSNCy. The premiums and losses under this Policy are payable in United States Currency. O. CONFLICTING STATUTES. In tile event that any provision of this Policy is unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. 7- - AID004717 P. SERVICE OF SPIT CLAUSE. It is agreed that in the event of the failure of Underwriters hereon to nay any amount claimed to he due hereunder. Underwriters hereon, at" the request of the Assured vd.ll submit to the jurisdiction of any Court of competent jurisdiction within the1 United States and will comply with all requirements necessary to give such Court jurisdiction and all matters, arising hereunder shall be determined in accordance With, the law and practice of such Court. It is further agreed that service of process in such suit may be made upon liSKDES AND MOUNT, 27, william Street, New York, and/or their nominee(s) and that in any suit instituted against any o ib of them upon this contract, Underwriters will abide by the final decision of Such Court or of any Appellate Court in the event of an appeal. The above-nakOd are authorized and directed to accent service of process oh behalf of Underwriters in any such suit and/or upon the request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which malces provision therefor. Underwriters hereon hereby designate the Superintendent, ComniSSipner or Director of Insurance or other officers specified for that purpose in the statute, or his successor or successors in office, as their true ar lawful attorney upon whom may be served any lawful process in any a colon, suit ;or proceeding instituted by of on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above-named as, the person to whom the said officer is authorized to mail such process or a true copy thereof. Q. MAINTENANCE o f u n d e r l y in s in s u r a n c e s . It is a condition of this Policy that the Policy or Policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full effect during the currency of this Policy except of iny reduction of the aggregate limit or limits contained therein solely by payment of claims, in respect of accidents and/or occurrences" occurring during the period of this Policy. 8- - AID004718 ATTACKING- TC AND PORTING FARE 0? POLICY NO-, 59U/ IT IS HJ~3l LTa-HSTOGD vj:D C-HAiID That Definition S.CITIluJi. ST LOSS; Condition J. SUBROGATION; and Condition M. CAMCELLATICL; shall be deemed to be deleted and replaced by the following: Definition 5 DLII^aIL. NET LOSS. The: term "ultimate net: loss" shall mean the total sum which the Assured, or any company as its Insurer, or both, become obligated to pay by reason of:personal injury or property damage claims, either through adjjbdic;B.tIOfi: or ".compromise, and shall also, include hospital, medical and funeral"' charges'''aiid all sums paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, InterSoi, expenses for doctors, lawyers, nurses and investigators and ether persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any odeidN^ndOj havered hereunder, excluding: only the salaries of the Nemed Assured's dr of any underlying Insurer's permanent employees. The Underwriters shall not be liable for expenses as aforesaid when Such expenses sire included in other valid and collectible insurance, Nothing herein contained shall be construed to mean that the Assured shall be required to enforce by legal action any right of subrogation or indemnity before the Underwriters Shall pay ary loss for which they may be liable hereunder. Condition J. SUBROGATION. Inasmuch as this Policy is "Excess Coverage", the assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Underwriters, It is therefore, understood and agreed that in case of any payment hereunder, the Underwriters will act. in concert with all other interests (including the Assured) concerned, in the exercise cf such rights of recovery but the Underwriters shall have no rights of subrogation against any owned qb controlled subsidiary or affiliated company of the'Named Assured, The apportioning of any amounts which may be so recovered shall follow the principle that any interest (including the Assured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; the Underwriters are then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Assured) of whom- this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any quch amounts 'Shall" be apportioned between the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally settled. Condition1 M. CANCELLATION. This Policy may be cancelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice to the other party stating when, not less than Thirty (30) days thereafter, cancellation shall be effective.The mailing of . notice as aforesaid by Underwriters or their representatives to the Assured at the: address shown in this Policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Underwriters or their representatives shall be equivalent to mailing. In the event of cancellation by (a) the Assured, the earned premium to be retained by the Underwriters shall be calculated-at short rate of the flat premium; (b) the Underwriters, the earned premium to be retained by thaa shall be calculated at a pro-rata premium. AID 004719 3 CMIDG CO: isr ../IQ. 0 n.--n3. t r a v e ie r s iit s u r a u c -i c o mpa my Covering in United Stages of America, 1* territories or possessions, Canada and Newfoundland, BODILY iit f u b y : ) *1,00c,00a./l,000,000./1,000,000. aggregate products j PROPERTY DAMAGE: (Automobile.) y^OOjOOO, PROPIETY DAI-^GS: (other tjar. Automobiles) V500.000. * 500,000. *500,000. *>500,000. i;5OO,0OO. any one accident, aggregate operations, aggregate protective, aggregate products, aggregate Contractual. j Comprehensive General ) Liability 3odily Injury ) and Property Damage including ) Viater Craft. ') ) ) j BODILY IICJURY; ^ , ./ , .10 000 10 000 PROPERTY d a ma g e; vie,000. ). Contractual Liability ! Agreement between the' Atchison Topeka and Santa Fe Railway Company and Anaconda j Company. A OOIlPHSEHSSSiyji C-SK5RAL 1IA3ILIIY ISCIL'DING AUTOMOBILES CQllaERCIAL INSURANCE COKPAFY OF NEWARK (Mexico.) BODILY INJURY: 3>200,000./500,000. PROPLRTY DAMAGE: *50,000. any one accident. ) ) Comprehensive ) General } Liability ) inc luding j Automobiles. *50,000. aggregate operations. *50,000. aggregate protective. *50,000. aggregate contractual, ! REMARK INSURANCE COMPAinf. Covers remainder of operations outside United States of America, its territories or possessions, Canada, Newfoundland arid 1`exico with the exception of Russia and Russian controlled countries. BODILY IKJURY: ' *1,000,000./1,000,000. PROPERTY DAFAGB: v500,000. any one occurrence. Comprehensive General Liability including Automobiles ioccurrence basis. ADVERTISERS LIABILITY: v750,000. -1- a id 004720 p l o y s 's, ILUH0I3 s s a:,; a c t . BODILY INJURY: #50,000. any one person BODILY INJURY: #100,000. any one occurrence. JEANS OF SUPPORT: 550,ooo, PR0P3PTY DAIIAOSl ^ , .50 000 -2- AID004721 t h e a h a o c s o a c o u p a h i a p d /o h it s a p t il ia t s d , a s s o c ia t e d AWL^ntim^ir coc'Anxxs a s no c o j s t it o t z j o r a s u a t h s r s ih a c t ib o s a c c o m o s c r -a t AlID IB3PIRASI0H OUBSaUtnKTS) COPPSB CCOPAHT AWL' BABBIOR COCPffiATIY* KffiCA2imi SXtSEtirt ATE) BOTTE GO'^PZB AED ZIHC OTBPAPT, BoSto, Vo bSv o *, ' , U.S.JJ4.081 .7 / y ce^socoaaeeeaaae >; r . * Q,^ 57 \ A.ID 004722 ~r lB eaaJ*ot * xroTimaao of the following ottechol dasaaai. iz.. Sox sox laid Cleoee. cioat,. ml oharara? tbo ord* rood "tho Aeeurero". tlM KaUiroritere* oppoer therein, aaas -i bo dsao*l to subBUtBtod ?* *<f*wrero* ohm b. 2'oS'J^h"St?S 1.1 too nttaatiei wording. pgT,,??nt - me M=h the **wr opdor tho prorl*Ion* of the iadaisltr eet forth l tKSDtn - JKUJVKVEDO KSKSnsaXI XBTOTSOT CEIQS -fgrr.r-rrr JiKEIJOO SaSWSlSEI SKEDSS *rmr xisc-sao *strnEKi usi Bssanr ffiamiT XKIKfOO EaPTEOaKX IBflDIEBW ffior EBTJBSS \ \ 00*C 00*01 00*01 < #J0*0l *euaw>;~csiir>v5sv f h s in nsaai sso uir smn eh ; AID 004723