Document J7pzEdZDYEqQL45qVzgyoK2

k: THE CHUBB COMMERCIAL UMBRELLA Premium Bill Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01,2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued Producer FEDERAL INSURANCE COMPANY June 22, 1999 J&H MARSH & MCLENNAN THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY Please Send Payment To Agent Or Broker Coverage_____________________________________ COMM-UMBRELLA RENL $ Premium 13,600.00 Total $ 13,600.00 When sending payment please indicate policy or certificate number. Note: Please return this bill with payment and include any additional changes. Form 07-10-0345 (F.d 9/92) Premium Bill UTEX 000669 Page 1 of 1 THE CHUBB COMMERCIAL UMBRELLA Declarations Named Insured and Mailing Address (Item 1) UTEX INDUSTRIES, INC. P 0 BOX 79227 HOUSTON, TX 77079 Chubb Group of Insurance Companies IS Mountain View Road Warren, NJ 07059 Policy Number 7977-67-08 Previous Policy No. 7977-67-08 Issued by the stock insurance company indicated below, herein called the company. FEDERAL INSURANCE COMPANY Producer No. 0093563 Producer J&H MARSH & MCLENNAN 1000 LOUISIANA #4000 HOUSTON, TX 77002-5008 Incorporated under the laws of Indiana Policy Period (item 2) From: JUNE 01, 1999 To: JUNE 01, 2000 12:01 A.M. standard time at the address of the insured as stated. Premium (item 3) Amount_____________________________________________________________ $ 13,600.00 Limits of Insurance (item 4) a. Each Occurrence b. Products Completed Operations Aggregate c. Other Aggregate (where applicable) d. Retained Limit Aggregate Amount $ 10,000,000. $ 10,000,000. $ 10,000,000. $ 0. ' r- Authorization In Witness Whereof, the company issuing this policy has caused this policy to be signed by its authorized officers, but this policy shall not be valid unless also signed by a duly authonzed representative of the company. FEDERAL INSURANCE COMPANY A A+jLX Secretary President Authorized Representative Date June 22, 1999 Form 07-02-0817 (Ed 9/92) Declarations UTEX 000670 Page 1 of 1 E THE CHUBB COMMERCIAL UMBRELLA Schedule of Forms Policy Period Effective Date Policy Number Insured JUNE 01, 1999 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. to JUNE 01, 2000 Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Form number As of the effective date-printed above, this is the Schedule of.Forms applicable to this policy: '92 UMBRELLA DECLARATIONS - FEDERAL INS. CO. THE CHUBB COMMERCIAL UMBRELLA MILLENNIUM TOTAL EXCL COVERAGE A & B TEXAS AMENDATORY ENDORSEMENT - UMBRELLA MANUSCRIPT ENDORSEMENT MANUSCRIPT ENDORSEMENT MANUSCRIPT ENDORSEMENT MANUSCRIPT ENDORSEMENT ADVERTISING INJURY EXCL. - B AIRCRAFT PRODUCTS EXCL - A AND B CARE, CUSTODY OR CONTROL EXCL. - A AND B CONTRACTUAL EXCL.- B DUTIES EVENT OCC/CLAIM/SUIT CONDITION-UMB INSTALLMENT PREMIUM ENDORSEMENT INTELLECTUAL PROPERTY EXCLUSION COVERAGE A&B POLL EXCL - A - ABSOLUTE SCHEDULE OF UNDERLYING INSURANCE 07-02-0817 07-02-0815 07-02-1364 07-02-1066 99-02-02 99-02-02 99-02-02 99-02-02 07-02-0824 07-02-0827 07-02-0837 07-02-0839 07-02-1145 07-02-0950 07-02-1146 07-02-0885 07-02-0922 (09/92) (09/92) (04/98) (11/93) (09/92) (09/92) (09/92) (09/92) (09/92) (09/92) (09/92) (09/92) (03/97) (09/92) (06/94) (09/92) (09/92) Form 07-02-0822 (Rav. 5/95) Schedule of Forms UTEX 000671 Page 1 last page THE CHUBB COMMERCIAL UMBRELLA Schedule of Underlying Insurance Effective date JUNE 1,1999 Policy Number 7977-67-08 Insured UTEX INDUSTRIES, INC. Employers Liability Name HARTFORD CASUALTY INSURANCE CO Policy No. TBD Term 06/01/1999 to 06/01/2000 Coverage B - Employer's Liability $ 1,000,000. each Accident Disease $ 1,000,000. each Policy $ 1,000,000. each Employee each State Commercial General Liability Name FEDERAL INSURANCE COMPANY Policy No. 3534-59-69 Term 06/01/1999 . to 06/01/2000 Occurrence $ 1,000,000. each Occurrence $ 2,000,000. General Aggregate (other than Products Completed Operations) $ 2,000,000. Products Completed Operations Aggregate $ 1,000,000. Personal and Advertising Injury Automobile Liability Name HARTFORD CASUALTY INS CO Policy No. TBD Term 06/01/1999 to 06/01/2000 Includes all owned, non-owned and hired cars Bodily Injury Liability each Person . each Occurrence Property Damage Liability each Occurrence or $ 1,000,000. Combined Single Limit Form 07-02-0922 (Ed 9/92) Schedule ol Underlying Insurance UTEX 000672 1 Continued THE CHUBB COMMERCIAL UMBRELLA Effective date Policy Number Insured Schedule of Underlying Insurance JUNE 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Employee Benefits Liability Name FEDERAL INSURANCE COMPANY Policy No. 3534-59-69 Term 06/01/1999 to 06/01/2000 Occurrence $ 1,000,000. PER CLAIM $ 1,000,000. AGGREGATE Foreign Automobile Liability Name GREAT NORTHERN INSURANCE CO Policy No. 7324-87-34 Term 06/01/1999 to 06/01/2000 Occurrence $ 1,000,000. COMBINED SINGLE LIMIT Foreign Employers Liability Name GREAT NORTHERN INSURANCE CO Policy No. 7324-87-34 Term 06/01/1999 to 06/01/2000 Occurrence $ 1,000,000. OCCURRENCE $ 1,000,000. AGGREGATE Form 07-02-0922 (Ed. 9/92) Schedule of Underlying Insurance UTEX 000673 2 Continued k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Schedule of Underlying Insurance Effective date JUNE 1,1999 Policy Number 7977-67-08 Insured UTEX INDUSTRIES, INC. Foreign General Liability Name GREAT NORTHERN INSURANCE CO Policy No. 7324-87-34 Term 06/01/1999 to 06/01/2000 Occurrence $ 1,000,000. OCCURRENCE $ 1,000,000. AGGREGATE Authorization All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 - Form 07-02-0922 (Ed 9/92) Schedule of Underlying Insurance UTEX 000674 3 Last Page THE CHUB& COMMERCIAL-UMBRELLA Introduction This liability insurance policy features two insuring agreements: A. Excess Follow Form Liability coverage; and B. Umbrella Liability coverage. Excess Follow Form Liability adds excess limits over scheduled underlying coverages. Umbrella Liability adds a broadening measure of coverage against many of the gaps in and between the underlying coverages. Together, these separate coverages share the Limits of Insurance. Form 07-02-0815 (Ed. 9/92, Contract UTEX 000675 THE CHUBB COMMERCIAL UMBRELLA Contract Please read your policy carefully. It explains your rights and duties and what is and what is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured. The words "we", "us", and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such in the Definitions of this policy. Other words and phrases that are printed in bold-face type are defined in the policy. These definitions are found in the Definitions section or in the specific policy provision where they appear. Insuring Agreements Coverage A - Excess Follow Form Liability Insurance - Under Coverage A, we will pay on behalf of the insured, that part of loss covered by this insurance in excess of the total applicable limits of underlying insurance, provided the injury or offense takes place during the Policy Period of this policy. The terms and conditions of underlying insurance are with respect to Coverage A made a part of this policy, except with respect to: A. any contrary provision contained in this policy; or B. any provision in this policy for which a similar provision is not contained in underlying insurance. With respect to the exceptions stated above, the provisions of this policy will apply. The amount we will pay is limited as described in Limits of Insurance. Notwithstanding anything to the contrary contained above, if underlying insurance does not cover loss, for reasons other than exhaustion of an aggregate limit of insurance by payment of claims, then we will not cover such loss. We have no obligation under this insurance with respect to any claim or suit settled without our consent. If we are prevented by law from paying on behalf of the insured for coverage provided under this insurance, then we will indemnify the insured. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000676 Page 1 of 21 Insuring Agreements (continued) Coverage B - Umbrella Liability Insurance Under Coverage B, we will pay on behalf of the insured, damages the insured becomes legally obligated to pay by reason of liability imposed by law or assumed under an insured contract because of bodily injury, property damage, personal injury, or advertising injury covered by this insurance which takes place during the Policy Period of this policy and is caused by an occurrence. We will pay such damages in excess of the Retained Limit Aggregate specified in Item 4 d. of the Declarations or the amount payable by other insurance, whichever is greater. Damages because of bodily injury include damages claimed by any person or organization for care or loss of services resulting at any time from the bodily injury. This coverage applies anywhere. The amount we will pay is limited as described in Limits of Insurance. Coverage B will not apply to any loss, claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the limits of insurance of underlying insurance. We have no obligation under this insurance with respect to any claim or suit settled without our consent. If we are prevented by law from paying on behalf of the insured for coverage provided under this insurance, then we will indemnify the insured. Defense and Supplementary Payments Applicable to Coverage A and Coverage B A. We have the right and the duty to assume control of the investigation, settlement or defense of any claim or suit against the insured for damages covered by this policy: 1. under Coverage A, when the applicable limit of underlying insurance has been exhausted by payment of claims; or 2. under Coverage B, when damages are sought for bodily injury, property damage, personal injury or advertising injury to which no underlying insurance or other insurance applies. B. In those circumstances where paragraph A. above applies, in addition to the applicable Limits of Insurance, we will pay our expenses and the following to the extent that they are not included in underlying insurance: 1. up to $2,000 for the cost of bail bonds. We do not have to furnish these bonds; Form 07-02-0815 (Ed 9/92) Contract UTEX 000677 Page 2 ot21 k: Defense and Supplementary Payments Applicable to Coverage A and Coverage B (continued) Limits of Insurance Applicable to Coverage A and Coverage B THE CHUBB-COMMERCIAL UMBRELLA 2 the cost of bonds to release attachments, but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds; 3. 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 $300 per day because of time off from work; 4. costs taxed against the insured in the suit; 5. pre-judgment interest awarded against the insured on that part of the judgment we pay. However, if we make an offer to pay the applicable Limit of Insurance, we will not pay any pre-judgment interest based on that period of time after the offer; and 6. 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 that part of the judgment that is within the applicable Limits of Insurance. C. In those circumstances where paragraph A. above does not apply, we do not have the duty to assume control of the investigation, settlement or defense of any claim or suit against the insured. We do, however, have the right to participate in the investigation, settlement or defense of any claim or suit that we feel may create liability on our part under the terms of this policy. If we exercise this right, we will do so at our expense. We will not defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4 of the Declarations. If we are prevented by law from carrying out this provision, we will pay any expense incurred with our consent. A. With respect to Coverage A and Coverage B, the Limits of Insurance shown in Item 4 of the Declarations and the rules below determine the most we will pay, regardless of the number of: 1. insureds; 2. claims made or suits brought against any or all insureds; 3. coverages provided under this policy; or 4. persons or organizations making claims or bringing suits. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000678 Page 3 of 21 Limits of Insurance Applicable to Coverage A and Coverage B (continued) B. The Limits of Insurance of this policy will apply as follows: 1. The limit for Each Occurrence stated in Item 4 a. of the Declarations is the most we will pay for all damages arising out of any one occurrence, even if such damages are covered, in whole or in part, under both Coverage A and Coverage B. Any amount paid for damages arising out of an occurrence will reduce the amount of the applicable aggregate limit of insurance available for payment of damages arising out of any other occurrence. If the applicable aggregate limit of insurance has been reduced by payment of damages to an amount that is less than the limit for Each Occurrence stated in Item 4 a. of the Declarations, the remaining aggregate limit of insurance is the most that will be available for payment of damages arising out of any other occurrence. 2. Subject to paragraph B.l. above, the limit stated in Item 4 b. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all damages under the products-completed operations hazard. 3. Subject to paragraph B.l. above, the limit stated in Item 4 c. of the Declarations for the Other Aggregate is the most we will pay for all damages under Coverage A, and separately under Coverage B, except for: a) damage covered under the productscompleted operations hazard or, b) damage covered in underlying insurance to which no underlying aggregate limit applies. However, with respect to Coverage A only, the Other Aggregate will apply in the same manner as the aggregate in each policy listed in the Schedule of Underlying insurance. C. The Limits of Insurance of this policy 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. Applicable to Coverage A Only A. With respect to Coverage A and subject to paragraphs B.L, B.2. and B.3. above: 1. if the limits of underlying insurance have been reduced by payment of loss, this policy will drop down to become immediately excess of the reduced underlying limit; or 2. if the limits of underlying insurance have been exhausted by payment of loss, this policy will continue in force as underlying insurance. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000679 Page 4 of 21 K2 Limits of Insurance Applicable to Coverage A Only (continued) THE CHUBB COMMERCIAL UMBRELLA The provisions of A.l. and A.2. above apply to injury or offense which takes place before the expiration of this policy or the underlying policy, whichever comes first. Exclusions Applicable to Coverage A and Coverage B A. Under Coverage A and Coverage B, this insurance does not apply to: Asbestos Liability any liability based on, attributable to, related to or in any manner arising out of: 1. the mining, processing, manufacturing, use, testing, ownership, sale or removal of asbestos, asbestos fibers or material containing asbestos; 2. exposure to asbestos, asbestos fibers or material containing asbestos; or 3. any error or omission in supervision, instructions, recommendations, notices, warnings, or advice given, or which should have been given, in connection with asbestos, asbestos fibers or material containing asbestos. Employment Practices .......... any liability based on, attributable to, related to or in any manner arising out of any actual or alleged: 1. termination of any employee; 2. failure to promote or advance any employee; or 3. failure to hire any prospective employee or any applicant for employment. Laws, Various any liability or obligation imposed on the insured under any of the following: 1. any uninsured/underinsured motorist or automobile no fault or first party personal injury law; '' 2. any workers' compensation, unemployment compensation, or disability benefits law or any similar law; or 3. the United States' Employees' Retirement Income Security Act (E.R.I.S.A.) of 1974 as now or hereafter amended. Nuclear Energy Liability any liability excluded by the Nuclear Energy Liability Exclusion on Page 19 of this policy. Form 07-02-0815 (Ed 9/92) Contract UTEX 000680 Page 5 of 21 Exclusions (continued) Applicable to Coverage A Only B. Under Coverage A, this insurance does not apply to: Pollution Liability 1. any liability arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: a. that are, or that are contained in any property that is: (1) being moved from the place where such property or pollutants are accepted by an insured for movement into or onto the covered auto; (2) being transported or towed by the covered auto; (3) otherwise in the course of transit by or on behalf of an insured; (4) being stored, disposed of, treated or processed in or upon the covered auto; or (5) being moved from the covered auto to the place where such property or pollutants are finally delivered, disposed of or abandoned by an insured; b. at or from any premises, site or location which is or was at any time, owned or occupied by, or rented or loaned to, any insured; c. . at or from any premises, site or location 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; d. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom any insured may be legally responsible; or 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: (1) if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (2) 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. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000681 Page 6 of 21 k: CHUBB Exclusions Applicable to Coverage A Only (continued) THE CHUBB-C0MMERCIAL4JMBRELLA Paragraphs l.a.(4) and l.b. through l.c. above do not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts, if the pollutants escape, seep or migrate or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants. Paragraphs l.b. through l.e. above do not apply to pollutants not in or upon the covered auto if: a. the pollutants or any property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of the covered auto; b. the discharge, dispersal, seepage, migration, release or escape of the pollutants is caused directly by such upset, overturn or damage; and c. the bodily injury or property damage is not otherwise excluded under paragraph l.a. of this exclusion. Paragraphs l.b. and l.e.(l) above do not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire. 2. any loss, cost or expense arising out of any. a. request, demand or order 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 any governmental authority or others 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. As used in this exclusion; 1. hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be; and 2. pollutants means 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, reclamed or disposed of. Underlying Insurance Exclusions any liability excluded by underlying insurance. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000682 Page 7 of 21 Exclusions (continued) Applicable to Coverage B Only C. Under Coverage B, this insurance does not apply to: Aircraft, Owned or Chartered Without Crew any liability arising out of the ownership, maintenance, use, loading or unloading or entrustment to others of any aircraft owned by you or rented, loaned, or chartered by or on behalf of you without crew. Autos: USA, Puerto Rico and Canada any liability arising out of the ownership, maintenance, use, loading or unloading or entrustment to others of autos within the United States of America, including its possessions and territories, Puerto Rico, Canada or while autos are being transported between these places. Breach of Contract, Failure to Perform, Wrong Description advertising injury arising out of: 1. breach of contract; 2. the failure of goods, products or services to conform with advertised quality or performance; or 3. the wrong description of the price of goods, products or services. Damage to Impaired Property 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. 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. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000683 Page 8 of21 CHUBB Exclusions Applicable to Coverage B Only (continued) THE CHUBB COMMERCIAL UMBRELLA Employee Injury 1. any injury to an employee of the insured arising out of and in the course of employment by the insured; or 2. any injury to the spouse, child, parent, brother, or sister of that employee as a consequence of 1. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, or to any obligation to share damages with or repay someone else who must pay damages because of an injury. Falsity, Prior Publication, Willful Violation personal injury or advertising injury arising out of; 1. oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; 2. oral or written publication of material whose first publication took place before the beginning of the policy period; or 3. willful violation of a penal statute or ordinance committed by or with the consent of the insured. Intentional Acts bodily injury or property damage which results from an act that is intended by the insured or can be expected from the standpoint of a reasonable person to cause bodily injury or property damage, even if the injury or damage is of a different degree or type than actually intended or expected. This exclusion does not apply to bodily injury caused by the use of reasonable force to protect people or property. Owned Watercraft any liability arising out of the ownership, maintenance, use, loading or unloading or entrustment to others of any watercraft owned by you. This exclusion does not apply to watercraft while ashore on premises you own or rent. Pollution Liability 1. any Lability arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants; or Form 07-02-0815 (Ed. 9/92) Contract UTEX 000684 Page 9 of 21 Exclusions Applicable to Coverage B Only (continued) 2. any loss, cost or expense arising out of any: a. request, demand or order 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 any governmental authority or others 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. As used in this exclusion, pollutants means 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, reclaimed or disposed of. This exclusion applies whether or not the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable. Product Recall 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. impaired 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. Property Damage, Various property damage to: 1. property you own; 2. 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; 3. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it; or 4. the property of one insured in the care, custody or control of another insured. Paragraph 3. of this exclusion does not apply to property damage included in the products-completed operations hazard. Form 07-02-0815 (Ed 9/92) Contract UTEX 000685 Page 10 of 21 k: CHUBB Definitions Applicable to Coverage A and Coverage B Applicable to Coverage A Only Applicable to Coverage B Only THE CHUBB COMMERCIAL UMBRELLA In this policy words and phrases appearing in bold-face type have the defined meanings shown below. A. The following Definitions are applicable to Coverage A and Coverage B. Other insurance means a policy of insurance affording coverage that this policy also affords. Other insurance includes any type of self-insurance or other mechanism by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes: 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. B. The following definitions are applicable to Coverage A only. Insured means: 1. the Named Insured stated in Item 1 of the Declarations; 2. any person or organization included as an insured in underlying insurance; and 3. at your option and subject to the terms of this policy at the time of claim or suit, persons or organizations included as additional insureds in underlying insurance, but only for their liability arising out of operations of the Named Insured. Loss means those sums actually paid in the settlement or satisfaction of a claim which the insured is legally obligated to pay as damages because of injury or offense, after making proper deductions for all recoveries and salvage. C. The following definitions are applicable to Coverage B only. Advertising injury means injury, other than bodily injury or personal injury, arising solely out of one or more of the following offenses committed in the course of advertising your goods, products or services: 1. oral or written publication of advertising matenal that slanders or libels a person or organization; 2. oral or written publication of advertising matenal that violates a person's right of privacy; or Form 07-02-0815 (Ed 9/92) Contract UTEX 000686 Page 11 of 21 Definitions Applicable to Coverage B Only (continued) 3. infringement of copyrighted titles, slogans or other advertising materials. Advertising means any paid: advertisement, publicity article, broadcast or telecast. Auto means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; but an auto does not include mobile equipment. Bodily injury means physical injury, sickness or disease to a person and, if arising out of the foregoing, mental anguish, mental injury, shock or humiliation, including death at any time resulting therefrom. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: 1. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or 2. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: 1. the repair, replacement, adjustment or removal of your product or your work, or 2. your fulfilling the terms of the contract or agreement. Insured means: 1. the named insured; 2. any partner, joint venture member, executive officer, employee, director or stockholder of the named insured while acting within the scope of his or her duties as such; 3. if the named insured is an individual, the individual so designated and spouse, but only with respect to the conduct of a business of which the individual is the sole proprietor; 4. any organization over which the named insured maintains majority interest and to which more specific insurance does not apply, other than one which you newly acquire or form; 5. any newly acquired or formed organization over which the named insured maintains majority interest and to which more specific insurance does not apply; provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization; 6. any person or organization while acting as your real estate manager; or 7. your legal representative if you die, but only with respect to duties as such. No person or organization is an insured with respect to the conduct of any current, past or newly formed partnership or joint venture that is not designated within the Declarations of this policy as named insured. Form 07-02-0815 (Ed 9/92) Contract UTEX 000687 Page 12 ot 21 ED CHUBB Definitions Applicable to Coverage B Only (continued) THE CHUBB-COMMERCIAL UMBRELLA Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes tort liability of another to pay damages because of bodily injury, property damage, personal injury or advertising injury to a third person or organization where the contract or agreement is made prior to the injury or offense. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises you own or rent; 3. vehicles that travel on crawler treads; 4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. power cranes, shovels, loaders, diggers or drills; or b. road construction or resurfacing equipment such as graders, scrapers or rollers; 5. vehicles not described in 1., 2., 3. or 4. above, that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. air compressors, pumps and generators including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. cherry pickers and similar devices used to raise or lower workers; 6. vehicles not described in 1., 2., 3. or 4. above, maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos: a. equipment designed primarily for: (1) snow removal; (2) road maintenance, but not construction or resurfacing; or (3) street cleaning; b. cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers; and c. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. Form 07-02-0615 (Ed. 9/92) Contract UTEX 000688 Page 13 of 21 Definitions Applicable to Coverage B Only (continued) Named insured means the person(s) and organization(s) designated in Item 1 of the Declarations of this policy. Occurrence means: 1. with respect to bodily injury or property damage liability, an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 2. with respect to personal injury or advertising injury, a covered offense. All damages that arise from the same act, publication or general conditions are considered to arise out of the same occurrence, regardless of the frequency or repetition thereof, the number or kind of media used or the number of claimants. Personal injury means injury, other than bodily injury, arising out of one or more of the following offenses committed in the course of your business, other than your advertising: 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 or persons occupy, by or on behalf of its owner, landlord or lessor; 4. oral or written publication of material that slanders or libels a person or organization; 5. oral or written publication of material that violates a person's right of privacy; or 6. discrimination (unless insurance thereof is prohibited by law). Products-completed operations hazard means 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 in your physical possession; or 2. work that has not yet been completed or abandoned. 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 site has been completed if your contract calls for work at more than one site; or Form 07-02-0815 (Ed. 9/92) Contract UTEX 000689 Page 14 of 21 ED CHUBB Definitions Applicable to Coverage B Only (continued) THE CHUBB COMMERCIAL UMBRELLA 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. This hazard 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 created by loading or unloading of it; or 2. the existence of tools, uninstalled equipment or abandoned or unused materials. Property damage means: 1. 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 2. loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Your product 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. Your product includes: 1. warranties or representation made at any time with respect to the fitness, quality, durability, performance or use of your product and 2. the providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means: 1. work or operations performed by you or on your behalf; and Form 07-02-0815 (Ed. 9/92) Contract UTEX 000690 Page 15 of 21 Definitions Applicable to Coverage B Only (continued) Conditions Applicable to Coverage A and Coverage B 2. materials, parts or equipment furnished in connection with such work or operations. Your work 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 failure to provide warnings or instructions. The following Conditions are applicable to both Coverage A and Coverage B. Appeals At our option we can initiate or participate in an appeal of a judgment against any insured if the judgment is for more than the amount of the Retained Limit Aggregate stated in Item 4 d. of the Declarations or the limits of insurance of underlying insurance. If we initiate or participate in an appeal, we will pay our costs of the appeal. These payments will be in addition to the Limits of Insurance of this policy. Audit of Books and Records We may audit the insured's books and records at any time during the term of this insurance or within three years after expiration or termination. Bankruptcy or Insolvency Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this policy. Cancellation The fust named insured may cancel this policy at any time by sending us a written request or by returning the policy stating the date of cancellation. We may cancel this policy at any time by sending to the fust named insured a notice of 60 days (10 days in the event of non-payment of premium) in advance of the cancellation date. Our notice of cancellation will be mailed to the fust named insured's last known address, and will indicate the date on which coverage is terminated. If cancellation is at the request of the insured, return premium will be computed at 90% of pro rata. If we cancel, return premium will be computed pro rata. If this policy insures more than one insured, cancellation may be effected by the fust named insured for the account of all the insureds. Notice of cancellation by us to such fust named insured will be deemed notice to all insureds and payment of any return premium to such fust named insured will be for the account of all interests. r orm 07-02-0815 (Ed 9/92) Contract UTEX 000691 Page 16 of 21 Conditions Applicable to Coverage A and Coverage 0 (continued) ' THE CHUBB COMMERCIAL UMBRELLA Changes Notice to any agent or knowledge possessed by any agent or by any other person will not affect a waiver or change in any part of this policy. This policy can only be changed by a written endorsement that becomes part of this policy. Duties in the Event of Occurrence, Claim or Suit You must see to it that we and your underlying insurers: 1. are notified as soon as possible of any occurrence which may result in a claim if the claim may involve this policy or any underlying insurance; 2. receive notice of the claim or suit as soon as possible; 3. are helped, at our request, to enforce any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance applies; and 4. receive the insured's full cooperation as stated in this policy or in any underlying insurance. Additionally, it is a requirement of this policy that: 1. the insured not make any admission of liability; and 2. the insured not, unless we agree, incur any expense or make any payment other than for first aid. Any such unauthorized expenses will be at the insured's own cost. First Named Insured The person or organization first named in Item 1 of the Declarations is primarily responsible for the payment of all premiums. The first named insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation and the receiving of any return premiums that become payable under this policy. Inspection We have the right, but are not obligated to inspect the insured's premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses, we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful, or that they comply with laws, regulations, codes or standards. Form 07-02-0815 (Ed 9/92) Contract UTEX 000692 Page 17 of 21 Conditions Applicable to Coverage A and Coverage B (continued) Maintenance of Underlying Insurance While this policy is in effect you agree to maintain underlying insurance in full force. This means that: 1. underlying insurance may not be cancelled or non-renewed by either you or the insurance company without notifying us; 2. renewals or replacements of underlying insurance will not be more restrictive in coverage; 3. terms, conditions and endorsements of underlying insurance will not materially change; 4. collectibility of underlying insurance limits as listed in the Schedule of Underlying Insurance, or replacements thereof, must be available regardless of the bankruptcy or insolvency of the underlying insurers; and 5. limits of underlying insurance will not change except for any reduction in the aggregate limits of insurance by payment of loss. Your failure and/or your underlying insurer's failure to comply with this condition will not invalidate this policy but in the event of such failure, we will only be liable to the same extent as if there had been compliance with this condition. Other Insurance If other insurance applies to claims covered by this policy, the insurance under this policy is excess and we will not make any payments until the other insurance has been exhausted by payment of claims. This insurance is not subject to the terms or conditions of any other insurance. Premium The premium for this policy as stated in Item 3 of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first named insured, this insurance applies: 1. as if each named insured were the only named insured; and 2. separately to each insured against whom claim is made or suit is brought. Titles of Paragraphs The titles of the various paragraphs of this policy and endorsements, if any, attached to this policy, are inserted solely for convenience or reference and are not to be deemed in any way to affect the provisions to which they relate. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000693 Page 18of2i k: CHUBB Conditions Applicable to Coverage A and Coverage B (continued) Nuclear Energy Liability Exclusion THE CHUBB COMMERCIAL UMBRELLA Transfer of Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die, then your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having temporary custody of your property will have your rights and duties but only with respect to that property. Transfer of Rights of Recovery 1. If the insured has rights to recover all or part of any payment we have made under this insurance, 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. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. When Loss is Payable This policy will not apply until the insured, or the insured's underlying insurer is obligated to pay the full amount of the underlying limit or Retained Limit Aggregate. When the amount of loss has finally been determined, we will promptly pay on behalf of the insured the amount of loss which falls within the terms of this policy. The first named insured will promptly reimburse us for any amount within the Retained Limit Aggregate paid by us. This policy does not apply to: A. any inj ury or damage: 1. with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic, Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its terminations upon exhaustion of its limits of insurance; or 2. resulting from the hazardous properties of nuclear material and with respect to which a) person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. Form 07-02-0615 (Ed. 9/92) UTEX 000694 Contract Page 19 of 21 Nuclear Energy Liability Exclusion B. any injury or nuclear property damage resulting from the hazardous properties of nudear material, if: 1. the nudear material a) is at any nudear facility owned by, or operated by or on behalf of, an insured or b) has been discharged or dispersed therefrom; 2. the nudear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or 3. the injury or nudear property damage arises out of the furnishing by an insured of services, materials, parts of equipment in connection with the planning, construction, maintenance, operation or use of any nudear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion 3. applies only to nudear property damage to such nudear facility and any property therein. C. As used in this exclusion: 1. Hazardous properties includes radioactive, toxic or explosive properties. 2. Nuclear facility means: a. any nudear 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 nudear waste; c. any equipment or device used for the processing, fabricating or alloying of special nudear 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 plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of, nudear waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. 3. Nudear material means sour ce material, special nudear material or by-product material. 4. Nudear property damage includes all forms of radioactive contamination of property. 5. Nudear 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. Form 07-02-0815 (Ed. 9/92) Contract UTEX 000695 Page 20 of 21 Nuclear Energy Liability Exclusion (continued) THE CHUBB COMMERCIAL UMBRELLA 6. Nuclear waste means any nuclear waste material a) containing by-product materia] other than the tailings of nuclear waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source materia] content, and b) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph a. or b. 7. 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. 8. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Form 07-02-0815 (Ed 9/92) Contract UTEX 000696 Page 21 of 21 k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Millennium Date ~ Change Total Exclusion - Coverage A And Coverage B THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Exclusions", "Applicable to Coverage A and Coverage B", the following exclusion is added: Millennium Date Change any liability arising out of: 1. the actual or potential inability of any: a. hardware, software, operating system, network, microprocessor; b. other computer, data processing or communications system equipment or component; or c. other system, equipment or component that communicates with any of the foregoing, to accept, retrieve, recognize, understand, interpret, identify, distinguish, process, communicate or otherwise use: d. any date subsequent to December 31,1999; or e. information or code which contains dates subsequent to December 31,1999; or 2. the rendering of, or failure to render, any service or advice in connection with paragraph 1. above. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Millennium Date Change Total Exclusion - Coverage A And Coverage B Form 07-02-1364 (Ed 4/98) Endorsement UTEX 000697 Page 1 of 1 THE CHUBB COMMERCIAL UMBRELLA Endorsement Endorsement Texas Amendatory Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1, 1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Insuring Agreements," "Coverage A - Excess Follow Form Liability Insurance," the last sentence is deleted and replaced by the following: If we are prevented from paying on behalf of the insured for coverage provided under this insurance, then the insured will be indemnified. Under "Insuring Agreements," "Coverage B - Umbrella Liability Insurance," the last sentence is deleted and replaced by the following: If we are prevented from paying on behalf of the insured for coverage provided under this insurance, then the insured will be indemnified. Under "Defense and Supplementary Payments," paragraph A. is deleted and replaced by the following: A. We have the right to assume control of the investigation, settlement or defense of any claim or suit against the insured for damages covered by this policy: 1. under Coverage A, when the applicable limit of underlying insurance has been exhausted by payment of claims; or 2. under Coverage B, when damages are sought for bodily injury, property damage, personal injury, or advertising injury to which no underlying insurance or other insurance applies. Under "Conditions" the conditions titled "Cancellation" and "When Loss is Payable" are deleted and replaced by the following: Texas Amendatory Endorsement Form 07-02-1066 (Rev. 11/93) Endorsement UTEX 000698 Page 1 otS Endorsement Texas Amendatory Endorsement (continued) Cancellation 1. The first named insured may cancel this policy at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation, stating the reason for cancellation, at least: a. 20 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. If this policy is in its initial policy period and has been in effect for 60 days or less, we may cancel for any reason except, that under the provisions of the Texas Insurance Code, we may not cancel this policy solely because the fust named insured is an elected official. Renewal of continuation policies, or policies in their initial policy period which have been in effect for more than 60 days: We may cancel only for one or more of the following reasons: 1. fraud in obtaining coverage; 2. failure to pay premiums when due; 3. an increase in hazard with the control of the insured which would produce an increase in rate; . ,, 4. loss of our reinsurance covering all or part of the risk covered by the policy; or 5. if we have been placed in suspension, conservatorship or receivership and the cancellation is approved or directed by the supervisor, conservator or receiver. If we cancel, we will mail or deliver written notice of cancellation, stating the reason for cancellation, to you at least; 1. 20 days before the effective date of cancellation if we cancel for nonpayment of premium; or 60 days before the effective date of cancellation if we cancel for any other reason, other than nonpayment of premium, listed above. 2. 60 days before the effective date of cancellation if we cancel for any other reason, other than nonpayment of premium, listed above. Our notice of cancellation will be mailed to the fust named insured's last mailing address known to us and will indicate the date on which coverage is terminated. If notice is mailed, proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata basis. Any unearned premium will be returned as soon as practicable. Texas Amendatory Endorsement Form 07-02-1066 (Rev 11/93) Endorsement UTEX 000699 Page 2 of 5 CHUBB THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01.2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Texas Amendatory When Loss is payable This policy will not apply until the insured, or the insured's underlying insurer is obligated to pay the full amount of the underlying limit or Retained Limit Aggregate. When the amount of loss has finally been determined, we will promptly indemnify the insured for the amount of loss which falls within the terms of this policy. The first named insured will promptly reimburse us for any amount within the Retained Limit Aggregate paid by us. Under "Conditions," the following conditions are added: Nonrenewal We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the first named insured is an elected official. If we decide not to renew this policy, we will mail or deliver to the first named insured written notice of nonrencwal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. We will mail or deliver our notice to the first named insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Texas Amendatory Endorsement Form 07-02-1066 (Rev 11/93) Endorsement UTEX 000700 Page 3 of 5 Endorsement Texas Amendatory Endorsement (continued) Texas Claim Procedures 1. Within 15 days after we receive your written notice of claim, we must: a. acknowledge receipt of the claim; If our acknowledgment of the claim is not in writing, we will keep a record of the date, method and content of our acknowledgment. b. begin an investigation of the claim; c. specify the information you must provide in accordance with paragraph b. above. We may request more information if during the investigation of the claim such additional information is necessary. 2. After you provide and we receive all the information we request from you, we must notify you in writing whether the claim will be paid or is denied or whether more information is needed: a. within 15 business days; or b. within 30 days if we have reason to believe the loss resulted from arson. 3. If we do not approve payment of your claim or we require more time for processing your claim, we must: a. give the reasons for denying your claim, or b. give the reasons we require more time to process your claim. But we must either approve or deny your claim within 45 days after requesting more time. 4. Loss Payment a. If you arc notified that the claim, or part of the claim, will be paid, we will pay within 5 business days after the notice has been made. b. If payment of the claim, or part of the claim, requires the performance of an act by you, we must pay within 5 business days after the act is performed. 5. Notice of Settlement of Liability Claim a. We will notify you in writing of any initial offer to compromise or settle a claim against you under the liability section of this policy. We will give you notice within 10 days after the date the offer is made. Texas Amendatory Endorsement Form 07-02-1066 (riev. 11/93) Endorsement UTEX 000701 Page 4 of 5 CHUBB THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Texas Amendatory Endorsement (continued) b. We will notify you in writing of any settlement of a claim against you under the liability section of this policy. We will give you notice within 30 days after the date of the settlement. 6. In compliance with Texas law, we will not cancel or refuse to renew this policy solely because the first named insured is an elected official. As used in this condition, business days(s) means a day other than a Saturday, Sunday or holiday recognized by the state of Texas. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Texas Amendatory Endorsement Form 07-02-1066 (Rev 11/93) Endorsement UTEX 000702 Page 5 of 5 THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. to JUNE 01, 2000 Name of Company FEDERAL INSURANCE COMPANY Date Issued June 22,1999 Endorsement CANCELLATION NOTICE We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. All Other Terms and Conditions Remain Unchanged Authorized Representative Date June 22. 1999 Manuscript Fndnrsamant Form 99-02-02 (Ed. 9/92) Endorsement UTEX 000703 Page 1 Last page e THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE01,1999 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. to JUNE01.2000 Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement UNINTENTIONAL ERRORS & OMISSIONS The company shall not deny coverage as a result of an unintentional failure by you to give notice as respects any occurrence, provided notice is given as soon as practicable after becoming aware that this policy may apply to such occurrence. All Other Terms and Conditions Remain Unchanged Authorized Representative Date June 22, 1999 Manuscript Fnrlnrsement Form 99-02-02 (Ed. 9/92) Endorsement UTEX 000704 Page 1 Last page E THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01, 1999 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. to JUNE 01, 2000 Name of Company FEDERAL INSURANCE COMPANY Date Issued June 22, 1999 Endorsement KNOWLEDGE OF AN OCCURRENCE Knowledge of an occurrence by your agent, servant or employee shall not constitute knowledge by you unless an executive officer, partner, procreator or risk manager employee has received such notice. All Other Terms and Conditions Remain Unchanged Authorized Representative Date June 22, 1999 Manuscript Fndnrsament Form 99-02-02 (Ed. 9/92) Endorsement UTEX 000705 Page 1 Last page THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. to JUNE 01. 2000 Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement BROAD FORM NAMED INSURED Any financially controlled subsidiary of yours; or 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 be deemed to be a Named Insured if there is no other similar insurance available to that organization. This coverage is effective on the formation or acquisition date. All Other Terms and Conditions Remain Unchanged Authorized Representative Date June 22, 1999 Manusrnpt Fnrlnrsement Form 99-02-02 (Ed 9/92) Endorsement UTEX 000706 Page 1 Last page k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1, 1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Advertising Injury- THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Exclusion - Coverage B Under "Exclusions", "Applicable to Coverage B Only", the following exclusion is added: Advertising Injury advertising injury. It is agreed that, with respect to Coverage B, all references in tbe policy to advertising injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Advertising Injury Exclusion - Coverage B Form 07-02-0824 (Ed 9/92) Endorsement UTEX 000707 Page 1 of 1 THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22, 1999 Endorsement Aircraft Products ' Exclusion - Coverage A and Coverage B THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Exclusions", "Applicable to Coverage A and Coverage B", the following exclusion is added: Aircraft Products any liability arising out of aircraft products including: 1. missiles or spacecraft and any ground support or control equipment used therewith; 2. any article furnished by the insured and installed in aircraft or used in connection with aircraft or for spare parts for aircraft; or 3. tooling used for manufacture thereof, including: ground handling tools and equipment, training aids, instruction manuals, blueprints, engineering or other data, engineering or other advice and service and labor relating to such aircraft or articles. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Aircraft Products Exclusion - Coverage A and Coverage B Form 07-02-0827 (Ed 9/92) Endorsement UTEX 000708 Page 1 of 1 E CHUBB Endorsement Care, Custody or" Control Exclusion Coverage A and Coverage B THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Exclusions", "Applicable to Coverage A and Coverage B", the following exclusion is added: Care, Custody or Control any damage to property described below, if the property is in the care, custody or control of the insured. Description of property: REAL & PERSONAL All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Care, Custody or Control Exclusion - Coverage A and Coverage B Form 07-02-0837 (Ed 9/92) Endorsement UTEX 000709 Page 1 of 1 THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22, 1999 Endorsement Contractual Exclusion - this policy is subject to the following endorsement Coverage B Under "Exclusions", "Applicable to Coverage B Only", the following exclusion is added: Insured Contract any liability assumed under any contract or agreement including an insured contract. It is agreed that, with respect to Coverage B, all references in the policy to insured contract are deleted, and no coverage is provided. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Contractual Exclusion - Coverage B Form 07-02-0839 (Ed. 9/92) Endorsement UTEX 000710 Page 1 ot 1 k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 ' to JUNE 01,2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Duties in the Event of Occurrence, Claim or Suit Condition THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Conditions, Applicable to Coverage A and Coverage B," the condition titled, "Duties in the Event of Occurrence, Claim or Suit" is deleted and replaced by the following: Duties in the Event of Occurrence, Claim or Suit You must see to it that we: 1. are notified as soon as practicable of any occurrence which may result in a claim involving this policy; 2. receive notice of the claim or suit as soon as practicable; 3. are helped, at our request, to enforce any right against any person or organization which may be liable to an insured because of injury or damage to which this insurance applies; and 4. receive the insured's full cooperation as stated in this policy. Additionally, it is a requirement of this policy that: 1. the insured not make any admission of liability; arid 2. the insured not, unless we agree, incur any expense or make any payment other than for first aid. Any such unauthorized expenses will be at the insured's own cost. All other terms and conditions remain unchanged. Authorized Representative Date June 22. 1999 Duties in the Event of Occurrence, Claim or Suit Condition Form 07-02-1145 (Rev 3/97) Endorsement UTEX 00071] Page 1 of 1 THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01.2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Installment Premium Endorsement THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT It is understood and agreed that the premium charged in the policy is to be paid in installments in the following manner: DATE PAYMENT DUE AMOUNT DUE 06/01/1999 09/01/1999 12/01/1999 03/01/2000 $ 3,400.00 $ 3,400.00 $ 3,400.00 $ 3,400.00 TOTAL $ 13,600.00 If the named insured shall fail to pay any installments as it becomes due, as provided for above, the company shall be entitled to cancel the policy upon notice to the named insured, in accordance with the conditions of the policy and calculate the earned premium to date of cancellation. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Installment Premium Endorsement Form 07-02-0950 (Ed. 9/92) Endorsement UTEX 000712 Page 1 of 1 THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01, 1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Intellectual Property Exclusion - Coverage A and Coverage B THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Exclusions", "Applicable to Coverage A and Coverage B", the following exclusion is added: Intellectual Property This insurance does not apply to any liability arising out of or directly or indirectly related to: the actual or alleged publication or utterances of oral or written statements of any type which is claimed as an infringement, violation or defense of any of the following rights or laws: 1. copyright, other than infringement of copyrighted advertising materials; 2. patent; 3. trade dress; 4. trade secrets; or 5. trade mark or service mark or certification mark or collective mark or trade name, other than trademarked or service marked titles or slogans. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Intellectual Property Exclusion - Coverageand Coverage 8 Form 07-02-1146 (Ed. 6/94) Endorsement UTEX 000713 Page 1 of 1 k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Endorsement Policy Period Effective Date Policy Number Insured JUNE 01,1999 to JUNE 01, 2000 June 1,1999 7977-67-08 UTEX INDUSTRIES, INC. Name of Company Date Issued FEDERAL INSURANCE COMPANY June 22,1999 Endorsement Pollution Exclusion Coverage A - Absolute THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT Under "Exclusions", "Applicable to Coverage A Only", the exclusion titled "Pollution Liability" is deleted and replaced with the following: Pollution Liability 1. any liability arising out of the actual, alleged or threatened discharge, dispersal, migration, seepage, release or escape of pollutants. 2. any loss, cost or expense arising out of any: a. request, demand or order that any insured or qthers 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 any governmental authority or others for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way respond to, or assessing the effects of pollutants. As used in this exclusion, pollutants means 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, reclaimed or disposed of. Pollution Exclusion - Coverage A - Absolute Form 07-O2-O68S (Ed 9/92) Endorsement UTEX 000714 Page 1 of2 Endorsement Pollution Exclusion Coverage A - Absolute (continued) This exclusion applies whether or not the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable. All other terms and conditions remain unchanged. Authorized Representative Date June 22, 1999 Pollution Exclusion - Coverage A - Absolute Form 07-02-0885 (Ed. 9/92) Endorsement UTEX 000715 Page 2 of 2 k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Policy Notice IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANTE Para obtener informacidn o para someter una queja: You may call Chubb's toll-free telephone number for information or to make a complaint at Usted puede llamar al numero de tel6fono gratis de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 1-800-36-CHUBB Puede comunicarse con el Departamento de Serguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, pueded entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. Form 07-10-0370 (Ed. 9/92) Policy Notice UTEX 000716 Page 1 ot 1 k: CHUBB THE CHUBB COMMERCIAL UMBRELLA Schedule of Underlying Insurance Effective date JUNE 1,1999 Policy Number 7977-67-08 Insured UTEX INDUSTRIES, INC. Employers Liability Name CONNECTICUT INDEMNITY Policy No. 387707 Term 06/01/1999 to 06/01/2000 Coverage B - Employer's Liability $ 1,000,000. each Accident Disease $ 1,000,000. each Policy $ 1,000,000. each Employee each State Employers Liability Name CONNECTICUT INDEMNITY Policy No. 387709 Term 06/01/1999 to 06/01/2000 Coverage B - Employer's Liability $ 1,000,000. each Accident Disease $ 1,000,000. each Policy $ 1,000,000. each Employee each State Automobile Liability Name HARTFORD CASUALTY INSURANCE COMPANY Policy No. 46UENGX7625-TX Term 06/01/1999 to 06/01/2000 Includes all owned, non-owned and hired cars Automobile Liability Name HARTFORD CASUALTY INSURANCE COMPANY Policy No. 46UENGX7628-OS Term 06/01/1999 to 06/01/2000 Includes all owned, non-owned and hired cars Form 07-02-0922 (Ed. 9/92) Schedule of Underlying Insurance Bodily Injury Liability each Person each Occurrence Property Damage Liability each Occurrence or $ 1,000,000. Combined Single Limit Bodily Injury Liability each Person each Occurrence Property Damage Liability each Occurrence or $ 1,000,000. Combined Single Limit UTEX 000717 } Continued THE CHUBB COMMERCIAL UMBRELLA Effective date Policy Number Insured Schedule of Underlying Insurance JUNE 1, 1999 7977-67-08 UTEX INDUSTRIES, INC. Automobile Liability Name HARTFORD CASUALTY INSURANCE COMPANY Policy No. 46MCP302810-MA Term 06/01/1999 to 06/01/2000 Includes all owned, non-owned and hired cars Bodily Injury Liability each Person each Occurrence Property Damage Liability each Occurrence or $ 1,000,000. Combined Single Limit Authorization All other terms and conditions remain unchanged. Authorized Representative Date October 6, 1999 Form 07-02-0922 (Ed 9/92) Schedule of Underlying Insurance UTEX 000718 2 Last Page