Document LK7ED2w1Y20Lb1mLRYQnp4Nxb

North River Insurance Company Policy #5220694098 LCO 55 1 7 5 4 8 1*1 Former Pofdy.No. Ng-* ------------\ Excess Third Party Liability Policy DECLARATIONS .\V' St. Paul Surplus Lines Insurance Company St. Paul, Minnesota 55101 A Capital Stock Company Herein called the company item 1 ..NAMED INSURED AND ADDRESS: Hanson Industries 410 Park Avenue Hew York, NY 10022 Hem 2. POLICY PERIOO: * From To 10-1-86 : 10-1-87 Item 3. PREMIUM COMPUTATION: , Premium Basis AUDIT PERIOD: (If Applicable) *12:01 A.M. Standard Time at the address of. the Insured as stated herein, j Annual unless otherwise stated, AnRU3l ^ Estimated Exposure i . Rate ,-/ Minimum Premium Total Advance Premium Sales H3,400,000000......... __Ll..W,,i?l*QP0tOg0. ........ $1.000.000. Item 4. UNDERLYING INSURANCE: ;Insurer's Name Policy No's. (Including -. Renewals or Replacements) Description of Coverage National Union Fire Insurance Company To be advised Umbrella Liability Hem 5. LIMITS OF LIA8ILFTY; The limit of the Company's liability shall be.as stated herein,-subject to all terms of this Policy having reference thereto. SECTION t . COMPANY LIMITS in excess of UNDERLYING LIMITS UUVbKAtsfe $ Each person S Each person AUTOMOBILE $ Each occurrence $ Each occurrence Bodily Injury :* Each occurrence . Each occurrence Each occurrence and Aggregate $ Each occurrence and Aggregate S Each occurrence and Aggregate s Each claim and Aggregate 'i'S.OOO.OOO. Each occurrence and Aggregate 10-23-86 crab COUNTERSIGNATURE DATE 29919 Rev. 4-86 Printed in U.S.A. :$ : ;$ ; :$ $ '$ ;* $ 8*000,000. *8,000,000,.. St. Paul. MN COUNTERS!GNEO AT Each occurrence Each occurrence Each occurrence Aggregate Each occurrence Aggregate : Property Damage ! | Combined Single Limit ** j LIABILITY OTHER THAN AUTO * Bodily Injury 1 Property Damage Each occurrence and Aggregate Each claim Aggregate Combined Single Limit PROFESSIONAL LIABILITY Each occurrence Aggregate COMPREHENSIVE CATASTROPHE i OR UMBRELLA LIABILITY ' AUTHORIZED REPRESENTATIVE SSfitaul GLD055258 0049-GLD-000055258 St. ffcul Surplus Lines Insurance Company NAMEO INSURED Hanses Iadastrtes ENDORSEMENT NO.,,LTO POLICY NO. 55 EFFECTIVE DATE 10-1-83________________________ _ ADDITIONAL LJ RETURN PREMIUM S___*11 ADKB&FT atiiLbilB.BSXOEBIOR It is agreed tost tbis policy shall not apply to any liability arising out of aircraft products or reliance upca any representation or warraaty aide with respect thereto, or to any liability arising oat of the grounding of nay aircraft* Aircraft Products* scans aircraft {including glasllsa or spacecraft) and any other goods or products nanufaefcsped, sold, handled or distributed cr services provided or geocewendad by the insured or by otters trading der your sane for use in the aastifhettre, repair, operation, naintecance or use of any aircraft* Sromdia^ aean tts withdrawal of one or acre aircraft frea flight opera tions or the iapoaltloa of speed, pRsscngor or load restrictions on such aircraft, by reason of tte existence of or alleged or suspected existence of any defect, ftLfc or condition in sued! aircraft or soy part thereof sold, handled or distributed by tts insured or aanafacturod, asanafcled or processed by say otter person or orgB&ix&blcn seconding to specifications, plans, suggestions, orders or drawings of the i&nred or Kith tools, machinery or otter eqoijraeat furnished to such persons or drgssls&tias by the insured, Whether such aircraft so withdraws are rased or operated by the ease or different persona a* organiza tions. All other terms end conditions remain unchanged. 24081 Rev. 4-80 Printed In U5A By ------------------------------------------------------------------Authorized Representative AUTHORIZED REP. COPY GLD055259 0049-GLD-000055259 St. Ffeul Surplus Lines Insurance Company NAMED INSURED Hanson Industries ' ENDORSEMENT n o __--t o p o l ic y n o . *-CQ 5S 17546 EFFECTIVE DATE 10-1*86_________________________ ADDITIONAL RETURN PREMIUM ->Jgi RBCinMmitTiigyMsosB^ rattasmce c k l o s ib b It is agreed this poller shall not apply to personal Injorjr arising oat of discrisiBS&ion or i^ron&ful tcnrimtioo with respeet to the caployaent of or failure to mpioy at? persons. All other terms and conditions remain unchanged. 24oai Rev. 4-80 Printed ii By---------------------------- :--------------------------------------Authorized Representative u/'-f." " r i-> ==p GLD055260 0049-GLD-000055260 ' NAMED INSURED JkJkJk St. Paul Surplus Lines Insurance Company Hutson Industries ' ' ..NOORSEMENT n q .3__________t o p o l ic y n o . 55 27545 EFFECTIVE DATE 10-1-35 ADDITIONAL i--* RETURN b PREMIUMS ** gms cogggssmoK sxaasios It id agreed that this policy ^all not apply to sy obligation for **> the 2BSUF8D, or any carrier as Ms laaoror* nay be held liable i&dsr my sorter's canpeosaticn, ocetipaticoal iUawwy qaaffiployaept nwy^iratfiMi or disability benefits law, or coder any other similar lawf landing United States Leogsfeoreser^s and Heifer Hacker's Act, Federal employers" Liability Act or tt <?ones lot. AH other terms and conditions remain unchanged. 24081 Rev. 4-80 Printed in U.S.A. By_____________________________________________ Authorised ReprMsntativa c: ir\7.'.' GLD055261 0049-GLD-000055261 AAA NAMED INSURED St. Paul Surplus Lines Insurance Company Hanson Industries mo 4 ..nIDORSEMENT t o p o l ic y n o IXO $5 17546 EFFECTIVE DATE 10-1-86 ADDITIONAL PREMIUMS HII RETURN It la hereby understood and agreed that this policy stall not apply to any and all sod liability arising <*& Oeeejpafcieeal Disease. "Oeoopsticnal Disease* is dsHaed as follows! Dioeaae, duo to conditions peculiar to the particular trade, oocopotloa* or cegtoyasst is dddi the employee Is exposed to the disease* All other terms and conditions remain unchanged.. 2*081 Rev. 4-80 Printed In U.S.A. By_____________________________________________ Authorized Representative iTUfrjm/Cjn = rr. cr.nv 6LD055262 0049-GLD-000055262  AA St. teul Surplus tines insurance Company S'"m Hanson Intatrtas 5n o ....... - ENDORSEMENT t o po i ic y n o . 55 17546 EFFECTIVE DATE 10-1-6S ADDITIONAL .... RETURN PREMIUM * "* It is qRderstood asd agreed tbafc such insurance as Is afforded by the policy shall not apply to say based *qn or arising ost of tbs presi des, operations* protects or oraplehart operations of tbs folleniagt Interstate Doited Vaekat Faseoos Foods Glidden Faints All other terms and conditions remain unchanged. 2*061 Rev. 4-80 Printed lr U.S.A. By_____________________________ __________ Authorized Reprc*entative per*, c o p y GLD055263 0049-GLD-000055263 NAMED INSURED r*" AAA St. Raul Surplus Lines insurance Company ftuson Industries no 6 ENDORSEMENT t o p o l ic y n o LCD 55 17S46 EFFECTIVE DATE 10-1-85 Q ADDITIONAL LJ RETURN PREMIUMS Wl ______ imsmusasmos It Is sgreaed that tfcla policy shall set ajjply to any liability fcr personal Injury or property dange arising out of the ownership, aalnfceoanos, operation, use, loertfag or tnloadlng of mi aircraft, unless sash liability is covered by valid and eolleotibXe underlying insurance as listed la tee Schedule of Otaterlylsg Insurance, for tbe ftll iiiatt: etas therein, and only for snob hazards for uhlch coverage is afforded enter said xadorlyirg insurance* All other terms and conditions remain unchanged. 2*081 Rev. 4-80 Printed In U.S.A. By_____________________________________________ Authorized Representative kpp c o py 6LD055264 0049-GLD-000055264 mamxf&m. sxammi It la qaderstood sad agreed that tbs Insurance afforded by this policy shall sot apply to any based upon or aristas out of tbs aasaffcaturs, sale, distribution, handling, installation, repair, rescrcal, disposal or use of any prodoct containing fcwsldeayde* All other terms and conditions remain unchanged. 240*1 Rev. 4-00 Printed In U.S.A. By Ai !THOR!?'r={=P. COPY Authorized Rprotntitive GLD055265 0049-GLD-000055265 AAA St. Raul Surplus Lines Insurance Company tNstiRpn Haases Xatatrtes nn - ENDORSEMENT t o po l ic y n o WO 55 1754$ EFFECTIVE DATE 10-1-86 ADDITIONAL RETURN PREMIUMS *H1 9C3&XGK LIABE-TTI It is agree* that the taanwmoa afforded hr this policy shall apply with respect to liability arising cut of Foreign Liability hut only If such liability Is wwred by valid and collectible mderfying i&suranoe by m underlying policy listed in the schedule of underlying insurasee and then only fcr soch hazards for ttttcb coverage is afforded by said mderlyiog insurance* Alt other terms and conditions remain unchanged. 24061 Rev. 4-69 Printed In U.S.A. By-------------------------------------------------------------------- Authorized Representative " *HR!ZFD RHP. COPY GLD055266 0049-GLD-000055266 . .. .... ................................................ - St. Raul Surplus Lines insurance Company JUSISn Hum lodttstries - ENDORSEMENT NO ^ TO POLICY NO. EFFECTIVE DATE 17546 D ADDITIONAL RETURN PREMIUM a Mil mBsmn uiscsMsm It is agreed that this policy shall rot apply to any liability for peracnal injury or property dosage arising rot of the ownership, aainfcroarae* opera tion* roe* leading or reloading of any watercraft* unless each liability Is eovened by valid and collectible oraterlyins irourasce as described in the schedole of rederSylog iroaranee* and then coiy for sue* hazards for Hhieh coverage la afforded coder said tssderlyiDg insurance* All other terms and conditions remain unchanged. 2*081 Rev. 4-80 Printed In u.s.A. By-------------------------------------------------------------------Authorized Representative AUT'-'OP'Z'FD r f p . c o p y GLD055267 0049-GLD-000055267 A' NAMED INSURED St. Paul Surplus lines Insurance Company Kansas Isdestrtes .INDORSEMENT NO_____ M______ TO POLICY NO. 3& t7S46 EFFECTIVE DATE 10-1-86 CD ADDITIONAL CD RETURN PREMIUM S Mil Tsammcz co*em mxssm&r It Ss agreed that this polios dm* sot apply to tbs liabilities of tbs l&strads (a) aeq t obligation assured fey the insured as an insurer under contract of Insurance, suretyship or reinsurance* (b) liability of the insured resulting free errors or emissions in the writing or failing to write contracts of insurance, ssa-etystaip or reinsurance, <e) Utility of the insured for failure to settle any date made taster asgr contract of insurance, suretyship or reinsurance, <d) property daoege to negotiable and nao-oegofciabl iwstnaeots or contracts raprasaatfag acaey or otdwr properly, reel or persasal, or other property the custody of which tbs iasts'ed has undertaken in assy fiduciary as trustee, guardian, custodian, escrow or stellar capacity either gratuitously or otherwise whether legally liable therefore or cot* All other terms and conditions remain unchanged. 24001 Rev. 4.80 Printed in U.S.A. By --;__________________________________________ Authorizes Representative AUTHORIZED RFP. COPY GLD055268 0049-GLD-000055268 NAMED INSURED St. Raul Surplus Lines Insurance Company Hanson Industries -........ ^ NO. ** * kAM,,. m^rn-mmr^r .NDOHSEMENT TO POLICY NO. tCO S5 17546 EFFECTIVE DATE 10-2-88 0 ADDITIONAL RETURN PREMIUMS IH1 j oust It is hereby understood sad agreed that assy joint raaturta or mp-vp* wdteiv tafeen by the insured, ar* net covered note this policy rales* aprcflflcaliy scheduled- Aii other terms and conditions remain unchanged. 24081 Rev. 4-80 Printed In O.S.A. By-------------------------------------------------------------------Authorized Rcpraaentatlva AUTHORIZED REP. COPT GLD055269 0049-GLD-000055269 MflR 31 'S7 13-35 WEXCO-^STON P.2 ( Ar I*UIM5U# V : : it-.- v. -m-.l *.: . ............. .jost. t.iI:r. >.;>(I*. unit (K;;{ t tw'.ovm .ii'iUu i!m4 **> i:y '.a :i'i? !:!! u1 '.ns: :ii*uiin>..: !y tin*: "o Ih '.v Noilunu i:unt,KJi:cj m tins Pln;v Mvill SUM' any person rf organization any <-]h: to jnip fs-i Cotnji.Hiy as -i w.r ul.t*>t -o mv .*t:tii*-. rim Insuonl njrt.'M'iOmo (hi- inSurBtf'sliabil'ly- Any payments by Hit- Company ufrcl.tr 1h xCiiivit'inn 'i t.l'.t!! rtis<'h:ii<| lKyCiimp.niv 'h ut>lii|ntmi'. tn lbs It'SurtiU tu t|t ol such [liiymmus. Bankruptcy o insolvency t?lthainsjurcuot a' tin;Initmuilstisturi;-.hai: tied frjliovtuluiCnmpjmYolany ufitsobhget'otishunwminr. A, Subrogation and Other Recoveries in me event of any payment under to.5 Policy h Company shall on subrogated to u'i the insureds rights of recovery therefore against any parson or organization and tne Insured snail execute ami aerivur instruments- artd papers artd do whatever else is necessary to secure such rights. The insured shell do nothing after the occurrence to prejudice Such rights. Because this Policy affords excess coverage, tne Insured's right of recovery cannot always bo exclusively subrogated to the Company it is, therefore, agreed thut the Company shall act in concert-with all other interests concerned, including the insured, in the enforcement of any subrogation rights or in me recovery ot amounts bv any other means. The apportioning of any amounts so recovered shall follow in the principle that any interest, including the Insured, that shall have paid an amount over and above arty payment under this Policy shall first be reimbursed jp to the amount paid by such interest; the Company shall than ba raimbuised out of any balance then remaining up to the amount paid as the result of loss covered under this Policy; end lastly the interests, including the insured, ol whom this coverage is in excess are entitled to claim any residua remaining. Expanses and costs neces sary to the recovery of any such amounts shall be apportioned between the interests concerned, including the insured, in the ratio Of their respective recoveries or in tne event of a totally unsuccessful attempt to recover..in the ratio Of the respective amounts sought to be recovered. 5. Other Insurance This Condition does not apply with respect to the "underlying insurance" or excess insurance purchased specifically to be in excess of this Policy if, with respect to a loss covered hereunder, the Insured haa other insurance, whether on e primary, excess or contingent basis, there shall be no insurance afforded hereunder as respects such loss: provided, that if the applicable limit of liability of this Policy is greater than tha applicable limit of liability provided by the other insurance, this Policy shall afford excess Insurance Over and above such ether insurance In an amount sufficient to give the Insured, as respects the layer of coverage afforded by this Policy, a total mlr of liability equal to the applicable limit Of liability afforded by this Policy .6 Cancellation This Policy may be cancelled by the Named Insured by mailing to the Company written notice Stating when thereafter the cancel lation shall be effective. This Policy may be canceled by the Company by mailing to the Named insured at the address shown in the Declarations written notice Stating when not less than ten days thereafter such cancellation she!! be effective.- Tha mailing of notice as aforesaid shell be sufficient proof of notice. The effective date Of cancellation stated in the notice Shall become the end of the policy period. Delivery of such written notice either by the Named Insured or bv the Company shall be equivalent to mailing, if the Named Insured cancels, earned premium or minimum premium, whichever is greater, shall be computed in accordance with the customary short rate table end procedure. If the Company cancels, earned premium or minimum premium, whichever is greeter, shell be computed, pro rata, premium adjustment may be made either at the time cancellation is effected or 3fi soon as practicable after cancellation becomes effective, but payment or render of unearned premium is not a condition of cancellation. 7. Maintenance of Underlying Insurances it fa a condition of this Policy that the policy or policies referred to in item 4 of the Declarations, including renewal or replacements thereof, shall be maintained, without alteration of terms or conditions, in full effect during tha currency of this Policy except for any reduction or exhaustion of the aggregate limit contained therein solely by reason of losses that arise out of occurrence which take place during the period of this Policy. Failure of the insured to comply with the foregoing shall rot invalidate this Policy but in the event of such failure the Company shall be liable hereunder only to the extent that It would have been liable had tha Insured complied therewith. .8 Service of Suit The following Service at Suit Clause is not to become affective unless or until the Insured has notified this Company In each specific claim of its intention to sue. Service of Suit Clause: It ie agreed that in the event of the failure of this Company to pay any amount claimed to bs due hereunden this Company, at the request of the Insured, 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 ail matters arising hereunder shall be determined in accordance with the taw and practice of such Court. it is further agreed that service of process in such suit msy be made upon the highest one in authority bearing the title `'Commis sioner", "Director", or "Superintendent" of Insurance of the state or commonwealth wherein the property covered by this policy is located, and that in any suit instituted against It upon this contract this Company will abide by the final decision oi such Court or any Appellate Court in the event of an appeal. The one in authority bearing the title "Commissioner-, "Director", or "Superintend ent" of insurance of the state or commonwealth wherein the property covered by this policy is located is hereby authorised and directed to accept service of process on bohelf ol this Company in any such suit and/or upon the Insured's request to give 8 written undertaking to the insured that they will enter a general appearance upon this Company's behalf In tha event such a suit snail be instituted. IN WITNESS WHEREOF. The Company designated on the Declarations page has caused this Policy to be signed by its President and Secretary and countersigned on the Declarations page bv a duly authorized representative of the Company. Q Stff I'rmileni i i j i 0049-GLD-000055270 MflR 31 '87 13=36 H^CO-Ea^TON r. o Ill COil!,l.'. tfi * ii*rr AURfel-: i1 if.i... 4 - ... ,, T ... #ni i f 'I'" ...in v o fl>uytin UiB .i 1 i wi. --* h u Uk !C lUu C imi'i >iv **1*>-itiul Mrii|:C! ttl C.tT;ti*nv <imv ''i*h i<1 on the Gocfarnfipitd page, hurem cuffod the Conw<v. A Capital Stock Company. '* 1,1 tnu*<t INSURING AGREEMENTS i. cov.,,,Ml ` ' >ncuo/riancu applicable provisions cf the "immediate underlying policy" for the amount of "loss" Wf>.eft I.....,. ^ i_;,n.is uf she "underlying insurance" described in Item 4 of !h Declarations. The ........ (' immedixta underlying policy" Ate incorporated as part of this Policy except for .my utilisation to investigate add c ent "*"> i.-.. .... nn<l <*,muses inciriunl to the same, the amount of the limits of liability, any "other insurance'' provision and any oilmi . thurmn which ate inconsistent with the provisions o' this Policy. This Pnfn.y ,n,p|v oniy 1(, coverages tor which an amount is indicated n Section I of Item 5 of the Declarations and than only in excess hi ii..i ...."'fpQntfa,5j amount shown in Section il of Item 5 of the Declarations. . POLICY I'tniOD This Policy *t4<r.c.s 0niy to "loss" ansing out of injury damage or destruction which occurs during the policy period stated in the Declarations. III. LIMITS Oh LIABILITY Regardless < n number of 01 Insureds undar this Policy, or t2) persons or organizations to whom the insured may be liable for loss, the Company'* lability shall not exceed the amounts statea in Section t of Item 6 of the Declarations. A With res[!i.t to coverages for which an aggregate limit is shown in Section I of Item S of the Declarations, aggregate means the total limit ni the Company's liability during any one aggregate period either Ml with respect to any causa of loss for which the "underlying insurance" has an aggregate limit, or (21 with respect to thB "product* hazard" or tha "eomptatad operations hazard ins defined heroin) if the "underlying insurance" does not contain an aggregate Rmit with respect to these hazards, fl. Reduction Of The Aggregate This provision applies only if this Policy contains an aggregate limit of liability which applies to the occurrence. If the limit of liability of the ''underlying insurance" is less than as stated in Section 11 of Item 5 of the Declarations because the aggregate limits of liability of the "underlying insurance" have been reduced, this Policy becomes excess of such reduced limit of !? h- suct,/a<*uct'on <* solely the resuit of injury or destruction occurring after the Inception date of this Policy and not before. Nothing contained herein shall operate to inceese the limit of the Company's fiability- C. Application Of The Aggregate To Periods Of Time The aggregate limits of liability of the Policy apply separately to each aggregate period. The first aggregate period of this Policy begins on the effective date of this Policy and ends on the next termination data of the aggregate period of the "Immediate underlying policy." Any succeeding aggregate period of this Policy is concurrent with the aggregate period of tha 'Immediate underlying policy" unless it Is tha final aggregate period. Tha final aggregate period of this Policy begins on the termination date of tne aggregate period of the "Immediate underlying policy" immetfately preceding the expiration date of this Policy and ends on the expiration date of this Policy NUCLEAR ENERGY LIABILITY EXCLUSION u ts a3f9d ihat the insuranca afforded unde, any liaoility covcrags of this Policy or of snv endorsement used herewith dQS9 not apply- 1. Under any Liability Coverage, to injury, sickness, disease, death or destruction n-bilitv neliev issued by Nuclear (el with respect to which an insured under tne Policy is also an Insured undaf a nuc 0(Nueief insurance Association of Energy Liability Insurance Association. Mutual Atomic Energy Liability Undat^''^r ^c ,{ability: or Canada, o, would t>, an maun* unto an, auoh poliev Pu, for ,,S lo.m,o=tior upon ^s""nay ^ ,, O,aani23tior, ls Ibl resulting from the hazardous properties of nuclear material arid wu . resp [sw amendatory thereof. orl2\ required to maintain financial protection pursuant :o the Atomic energy Act . A ^ States of America, or any the insured is. or had this Policy not been issued would be. entitled to hereof, with any parson agency thereof, under any agreement entered into by tha United States of America. or any agency mere 2. Under any Medical Payments Coverage, or under any Supplementary Payments cal relief, to expenses incurred with respect to bodY*jvr* sreknoss. disease or death result ng com nuclear material and arising out of the operation of a nuclear facility by any pars g hazardous properties of nuclear 3. Under any Liability Coverage, to injury, sickness, disease, deatn or destruction r& u g material, if _ Insured or '.2t nas been dis* la) the nue'ear maiaru! 111 is at any nuclear lac`litv owned hy. or operated by or Charged ,r disoeisyd therefrom; rtfrteaafi*d stored, transported (b) the nuclear material is contained in spent fuel or waste at anytime possessed, han or disposed of bvo'on behalf of an insured; * ^ ,, ......... of services, m9W'&l*. tel the injury; sickness, disease, death or destruction antes out of tha furnishing hve nuclear factfrtv. but if ouipment in connection with th planning, construction, maintenance, operat .* d_ this exclusion fc) applies Odly facility is located within tha United States of America, its territories or possessions or Canaan, to injury to or destruction of property St Such nuclear facility 4. As used in this Policy. "hazardous properties*' m dude radioactive, toxic or expioswo properties; "nuclear materiel" mewtvs source materia*. special nuclear matenai or byproduct materia . the atomic Energy Act "source material", "special nuclear material", and "byproduct material" have me mean**, gwen mem ,n the Atom of 1954 or nny lw amentietory meraof; a.vn*ri to radiation m a nuclear "apent fuel" ,* *,,, ** fuel eiement or fuel component, solid or liquid, which been USOC Or -`PO** 10 GLD055271 0049-GLD-000055271 MAR 31 '87 13:3? ANEXCO-BQTON p4 :i ; ..1 ,ir *-i .. r v'uy -s t.*.; A >* . m* : ;H T'-;'1 * . facility'' i.t| .c*Y HUCt'J'i' ;js- itriu'i'.'W". '* j Jmv C? nr *<r : '1: s.?j;*ratintj Jh- nl.ir'i.jt:; f iiLi'.nnitiin. ;2l }V0CKS3!t*.?i or u5rl>/in{; * .' I <' 'T ivii'iltifHj. |k (.C'j SS'*') n< i;. !c: any tt:{.!:;uivn? ur 'lpvin i.sud lor the txoc!S:>>nrj. <; alloyin'.] s;jK'.'at nudii.v mrtUirijtl tl \ any time tha total amount 1:! :tsii!firiaft*ui v.ismdyof theInsured at ?N* where x.rcfr <w < !u vic ij. }r;cai(?tJc/rnsi$f.? of 0/ contains tnofu than 26 g'ni*** >' pi\ncnum or urwiir. 233 ty any combination thereof. or 'unrii than 250 grams o! uranium 235. nny srruelt.rc, t>:<sir\ *;xr;vn*,`.cjn. premises or ul.-Krj pri::>art;cl or used tor the storage or disposal o' waste, and Includes the site o--* which any of tf'.e Foregoing is located, a;; opo'Mians conducted on 3fcft bite and ail premises usud for such operations; "nuclear reactor" moans any apparatus designed or used to sustain nuclear lisstcm in a xeil-sopporiiriy chain reaction or 10 ;<)Pinirt a eriricoJ mass of vsskinabJe material; With respect to injury to o destruction of property, the word ''injury'* or *'destruction'' includes all forms ol radioactive contami nation of property. DEFINITIONS 1. Immediate Underlying Policy "Immediate underlying policy" mesne the policy of the "underlying insurance" which provides the layer of coverage, whether primary or excess, immediately preceding the layer of coverage provided by this Policy 2- Loss "Loss" means the sums paid as damages in settlement of a claim or in satisfaction of a judgment for which the Insured is legally liable, after making deductions for all recoveries, salvages and other insurances (whether recoverable or not) Other than the "underlying insurance" and excess Insurance purchased specifically to be in excess of this Policy "loss" does not include inves tigation. adjustment, defense or appeal costs and expenses incident to any ol the same, notwithstanding that the "underlying insurance'* may provide insurance for such costs and expenses. 3. Underlying Insurance "Undertying Insurance" means the insurance policies described in item 4 of the Declarations end includes any renewal or replace ment of such policies. 4. Completed Operations Hazard The term "completed operations hazard" includes bodily injury and property carnage arising Cut pf operations or reliance upon a representation or warranty made at any time with respect thereto. &vt only if the bodily injury or property damage occurs after such operations hava bean completed or abandoned and occurs away from premises owned by or rented to the Insured. Opera tions include materials, parts or equipment furnished In connection therewith. Operations shall be deemed completed at the earliest of the following times: (a) when ell operations to be performed by or on behaif of the insured under the contract have been completed, (b) when all operations to be performed by or on derteff of the Insured at the site of the operations have bean completed, or f.c) when the portion of the work out of which the injury or damage arises has been put to Its intended usa by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of tha same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency. Put which ere otherwise complete shall be deemed completed. The completed operations hazard does not include bodily injury o> property damage arising out of (f I operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof. (2) the existence Of tools, uninstalled equipment or abandoned or unused materials. 5. Products Hazard The term "products hazard" includes bodily injury end property damage arising out of the Insured's products or reliance upon a representation or warranty made at any time with respect thereto, but Only if tha bodily Injury or property damage occurs away from premises owned by or rented to the Insured and after physical possession of such products has been relinquished to others. CONDITIONS ?. Underlying Insurance - Changes During this Policy Period Any change in coverage or premium in tha "underlying insurance" snail oe promptly reported to the Company end the Insured shall upon raquesi. furnish tha Comogny with copies of such changes. Any change in she premium 'or the "underlying Insurance'' shall be promptly reported to the Company and the premium for tW$ Policy, subject to the minimum premium, may be adjusted accordingly. 2. Notice of Loss: Participation in Defense by the Company Notice of an occurrence which appears likely to involve this Policy shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon ss practicable. The Company at its own option may but is not required to. participate in the investigation, settlement or defense or any claim or suit against the Insured. in the even; expense in connection with any claim or suh is incurred jointly by mutual consent of the Company and of the Insured or the Underlying Insult*', the Company, in addition to its limitsof liability as expressed in Item 5 of the Declarations shell be liable for no greater proportion of such expense and/or costs than rhe amount payable bv the Company under this Policy bears to me total loss payment. 3- Action Against Company Ng action shai' ho ygiunst ten* Company unless, as a condition precedent thereto, the Insured shall new fully complied with all me terms of ttvs Policy. 1 1i ! 1t I c 0049-GLD-000055272