Document NG899mMvnqxqb3mnBje43EQvQ

MASTER INSURANCE POLICY ACCOUNT MASTER INSURANCE POLICY ( UA 90192 CAT. 769541 ACCOUNT MASTER INSURANCE PROGRAM DESIGNED EXCLUSIVELY FOR LEAD INDUSTRIES INC. BY C . M. F. 1161 COVERAGE SUMMARY INSURANCE IN FORCE AS OF MONTH DAY YEAR 07 22 90 Your program includes the following insurance coverage(s): MASTER INSURANCE POLICY (X] Commercial Property [ ] BUSINESS AUTO POLICY [X] Commercial General Liability MARINE SPECIALTY COVERAGES [ ) Commercial Inland Marine [ ] Contractors Equipment [ ] Commercial Crime ( ] Fine Arts [ ) Commercial Property Package [ ] Installation [ ] WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ( ] Scheduled Property [ ] Small Computer [ ] Transportation [ ] COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE POLICY Refer to the declarations, schedules, coverage parts, endorsements and conditions for the actual coverages provided. PREMIUM INFORMATION The total advance premium for your Account Master Program is: 326.18 $ Policies included herein may be subject to premium adjustments, rerating or installment payments. Refer to your policies for details. DC042 (ED. 07-89) PRINTED IN U.S.A. L1A 90193 MASTER INSURANCE POLICY GENERAL DECLARATIONS X] The Aetna Casualty and Surety Company These general declarations, common policy conditions, coverage part declarations, schedules, coverage parts, coverage part conditions and endorsements complete this Master Insurance Policy. NAMED INSURED AND MAILING ADDRESS LEAD INDUSTRIES INC. 295 MADISON AVE. NEW YORK NY 10017 POLICY NUMBER 001 ACM 5850 376 -POLICY PERIOD---------------------------- FROM 07/22/90 TO 11/21/90 12:01 am STANDARD TIME AT THE INSUREDS ADDRESS STATED HEREIN -SCHEDULE OF COVERAGES- In return for the payment of the premium, and subject to all the terms of this policy, insurance is provided to YOU by the Stock Insurance Company specified above by [X] for the indicated coverages and for which a Coverage Part is attached, and the coverage parts designated by (X) below. Coverage Parts ------------------------ ,------------------ Coverage Part Number ------------------- [XI Commercial Property 001 FP 5850 376 FCA [X] Commercial General Liability 001 GL 5850 376 CCA [ ) Commercial Crime [ j Commercial Inland Marine [ ] Commercial Property Package COMMON POLICY FORMS The following forms are common to the entire policy. Individual coverage forms and endorsements are shown on the applicable coverage part declarations. TITLE ------------------------------------------------------------------- ,----------- NUMBER ------------ MASTER INSURANCE POLICY DESCRIPTIONS OF LOCATIONS DC035 (ED. 01*86) COMMON POLICY CONDITIONS MP001 (ED. 01-86) POLICY PREMIUM Advanced Premium $ 325.00 Surcharges 1.18 Total Premium $ 326.18 This premium may be subject to adjustment COUNTERSIGNATURE This policy is not valid unless countersigned by a duly authorized Agent of such company. yO DEC 27 1S9G Auth DC001 (ED. 01-86) .zed Agent ----------- READ YOUR POLICY CAREFULLY- Countersignature Date PRINTED IN U.S.A. LIA 90194 Signed for The Company as insurer for any section of this inswance'by: The &xna Casualty and Surety Company The Standard fire Insurance Company The Automobile insurance Company of Hartford. Gormeccut vSna Casualty &. Surety Company of BEnccs Dcvmers Grove. QZtnots 6QS1S (SMctO.^L - VcePresioenK Includes cgpyajfttBd matexiai of Insuianca Services Office, fr*c_ and iSO Commensai PGsk Services. fac- with their permission. 1S31 through current year. Copyrighted frtsuranca Services Office. Inc. and SO-Cocia^eialJGsfe.Services; Inc. ocoot <H3LOt-asj LIA 90195 C*T.73S3SA MASTER INSURANCE POLICY DESCRIPTION OF LOCATIONS POLICY NUMBER 001 ACM 5850 376 EFFECTIVE DATE 07/22/90 (SAME AS POLICY UNLESS OTHERWISE SPECIFIED) Insurance applies to the locations described below only as designated in the individual Coverage Parts attached to this Policy. LOC. BLDG. NO. NO. ADDRESS OCCUPANCY 001 ooi- 295 MADISON AVE. MANHATTAN NEW YORK, NY OFFICE DC035 {ED. 01-86) Page 1 PRINTED IN U.S.A. LIA 90196 ggjg UFE& CASUALTY COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy or any coverage part by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any coverage part 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. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation which ends the coverage. The policy period will end on that date. 5. If this policy or any coverage part is cancelled, we will send the first Named insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. 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. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. PREMIUMS The first Named insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. LIA90197 . MP001 (ED. 01-86) Page i ot 2 CAT. 768618 PRINTED IN U.S.A. COMMERCIAL PROPERTY COMMERCIAL PROPERTY i \ r 92192 (ED. 01-87) LIA90199 CAT. 76955A PRINTED IN U.S.A. -1 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS COVERAGE PART NUMBER 001 FP 5850 376 FCA FORMS APPLICABLE TO THIS COVERAGE PART TITLE NUMBER COMMERCIAL PROPERTY COVG PART-TBL OF CNTS COMMERCIAL PROPERTY CONDITIONS BUILDING & PERSONAL PROPERTY COVG FORM CHANGES - POLLUTION ENDORSEMENT COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS PT NEW YORK CHANGES NEW YORK CHANGES CANCELLATION & NON RENEWAL DC017 PF009 CP0010 CP0186 DC015 CP0133 IL0268 (ED. (ED. (ED. (ED. (ED. (ED. (ED. 01-86) 01-86) 11-85) 04-86) 01-86) 04-90) 04-90) FORMS APPLICABLE TO SPECIFIC PREMISES/COVERAGES TITLE NUMBER EXTRA EXPENSE COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM CP0050 (ED. 11-85) CP1030 (ED. 11-85) LOC. BLDG. NO. NO. MORTGAGE HOLDERS MORTGAGE HOLDER NAME AND MAILING ADDRESS DC015-1 (ED. 1-86) Page 1 PRINTED IN U.S. LIA90200 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS COVERAGE PART NUMBER 001 FP 5850 376 FCA EFFECTIVE DATE 07/22/90 (SAME AS POLICY UNLESS OTHERWISE SPECIFIED) COVERAGES AND LIMITS OF INSURANCE - INSURANCE APPLIES ONLY TO THE PREMISES AT THE LOCATIONS DESIGNATED BELOW FOR WHICH A LIMIT OF INSURANCE IS SHOWN. LOC. BLDG NO. NO. COVERAGE COINS LIMIT OF COVD CAUSE (%) INSURANCE ($) OF LOSS OTHER PROVISIONS 001 001 BUS PERS PROP #1 80 160,000 SPECIAL ACV EXTRA EXPENSE 25,000 SPECIAL LOSS % 40/80/100 DEDUCTIBLE $250. EXCEPTIONS: DC015-2 (ED. 1-86) Page 1 PRINTED IN U.S. LIA 90201 STATE OF NEW YORK ANTI-ARSON APPLICATION (NYFA-1) PART 1 WARNING: This application must be comcteted ana returned by the abpucant or msurea pursuant to Section 168-j of the New York insurance Law ana Insurance Department Regulation 96. NAME OF APPLICANT OR INSURED_____________________________________________________________________ ------------ - LOCATION OF PROPERTY_______________ _____________________________________________________________------------------- Amount of Insurance s . - - Applicant is: G Owner Occupant C Absentee Owner G Tenant G Other OCCUPANCY(IES)__________________________________________________________________________________ ------------------------ VALUATION: This information helps to explain the amount of insurance selected at the time of application, but does not determine the value at the time of loss. PURCHASE INFORMATION: Date Price SCost of subsequent improvements S Estimated Replacement Cost S Estimated Fair Market Value (exclusive of land) S------------------------------------------------------------------------------------------------------- For rental properties, indicate the Annual Rental income < Check the valuation method used to estaoiish the amount of insurance: G Replacement Cost G Fair Market Value (exclusive of land) G Replacement Cost Less Physical Depreciation G Other ............. ........ .-........................ .... Who determined the value?-Attacn a copy of any appraisal. UNDERWRITING INFORMATION: If the answer to any of the following questions is yes" complete the corresponding numoereo section of Part 2 1. Is the applicant other than an individual or sole propnetorship? 2. Are any mortgage payments (building or contents) overdue by 3 months or more? 3. Are there any real estate tax liens or other tax liens against the property or real estate taxes overdue for oneyear or more? a. Are there any outstanding recorded violations of fire, safety, health, building or construction codes at this location? 5. Has anyone with a financial interest in this property been convicted of arson, fraud or other crimes related to loss on property during trie last 5 years? 5. Is the mortgagee other than a federal or state chartered lending institution? 7. Except where federal or state chartered lending institutions are the applicants, please fumisri the following information: Have there Been fire losses during the past five years exceeding 51.000 in damages to this property or to any property in which the applicant has an equity interest as an owner or mortgagee? 8. (a) If the property is commercial, is more than 10% of the rentable space vacant, unoccupied or seasonal? (b) If the property is residential, are 5% or more of the apartments vacant, unoccupied or seasonal? (c) is the water, sewage, electricity or heat out of service? 9. OTHER POLICIES: (a) Is there any other insurance in force or applied for on this property? (b) Has any coverage or policy on this property been declined, cancelled or non-renewed in the last 3 years? 10. Has this property been under the ownership of the applicant for less than 3 years? YES NO ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE CONTAINING ANY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME. THE PROPOSED INSURED AFFIRMS THAT THE FOREGOING INFORMATION IS TRUE AND AGREES THAT THESE AP PLICATIONS SHALL CONSTITUTE A PART OF ANY POLICY ISSUED WHETHER ATTACHED OR NOT AND THAT ANY WILLFUL CONCEALMENT OR MISREPRESENTATION OF A MATERIAL FACT OR CIRCUMSTANCES SHALL BE GROUNDS TO RESCIND THE INSURANCE POLICY. LIA90202 SIGNATURE OF PROPOSED INSURED TITLE OATE INSUREDS SHALL NOTIFY THE INSURER IN WRITING OF ANY CHANGE IN THE INFORMATION CONTAINED HEREIN. UPON RENEWAL OR ANNUALLY WHICHEVER IS SOONER. FAILURE TO COMPLY MAY RESULT IN RESCISSION OF YOUR POLICY. LIFE & CASUALTY COMMERCIAL PROPERTY COVERAGE PART TABLE OF CONTENTS DECLARATIONS PAGES Coverages land Limits of insurance Deductible Forms Applicable Mortgage Holder(s) COMMERCIAL PROPERTY CONDITIONS A. Concealment, Misrepresentation or Fraud B. Control of Property C. Insurance Under Two or More Coverages D. Legal Action Against Us E. Liberalization F. No Benefit To Bailee G. Other Insurance H. Policy Period, Coverage Territory I. Transfer of Rights of Recovery Against Others to Us COVERAGE FORM(S) CAUSES OF LOSS FORM(S) ENDORSEMENTS (If Any) DC017 (ED. 1-86) LIA 90204 CAT. 766178 PRINTED IN U.S.A COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT. MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you relating to it. It is also void if you intentionally conceal or misrepresent a material fact concerning: 1. This Coverage Part: 2. The Covered Property: or 3. Your interest in the Covered Property. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control wiii not affect this insurance. If you violate a condition of this Coverage Part, we will not pay for loss or damage at the involved location. But your coverage will continue for other locations at which the violation does not apply. C. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part: and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you. having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do. we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. 3. In the event of damage to. or destruction of. covered property at a location designated in this Coverage Part, and also designated in another insurance company's boiier and machinery policy, and there is a disagreement between the insurers as to: a. Whether the damage or destruction was caused by a Covered Cause of Loss provided for by this Coverage Part or by an accident covered by the boiler and machinery policy, or PF009 (ED- 01-86) Pan=> 1 nf ? LIA 90205 764078 PRINTPD IN 1IC a LIFE & CASUALTY CAUSES OF LOSS-SASIC FORM COMMERCIAL PROPERTY A. COVERED CAUSES OF LOSS When Basic is shown in the Declarations. Covered Causes of Loss means the following: 1. Fire. 2. Lightning. 3. Explosion, including the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. This cause of loss does not include loss or damage by: a. Rupture, bursting or operation of pressure relief devices; or b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water. 4. Windstorm or Hail, but not including: a. Frost or cold weather; or b. Ice (other than hail), snow or sleet, whether driven by wind or not. We will not pay for loss or damage to the interior of any building or structure, or the property inside the building or structure, caused by rain. snow, sand or dust, whether driven by wind or not. unless the building or structure first sustains wind or hail damage to its roof or walls through which the rain. snow, sand or dust enters. 5. Smoke causing sudden and accidental loss or damage. This cause of loss does not include smoke from agricultural smudging or industrial operations. 6. Aircraft or Vehicles, meaning only physical contact of an aircraft, a spacecraft, a self-propelled missile, a vehicle or an object thrown up by a vehicle with the described property or with the building or structure containing the described property. This cause of loss includes loss or damage by objects falling from aircraft. We will not pay for loss or damage caused by or resulting from vehicles you own or operate. 7. Riot or Civil Commotion, including: a. Acts of striking employees while occupying the described premises; and b. Looting occurring at the time and place of a riot or civil commotion. 8. Vandalism, meaning willful and malicious damage to, or destruction of, the described property. We will not pay for loss or damage: a. To glass (other than glass building blocks) that is part of a building, structure, or an outside sign: but we will pay for loss or damage to other property caused by or resulting from breakage of glass by vandals. b. Caused by or resulting from theft, except for building damage caused by the breaking in or exiting of burglars. 9. Sprinkler Leakage, meaning leakage or discharge of any substance from an Automatic Sprinkler System, including collapse of a tank that is part of the system. If the building or structure containing the Automatic Sprinkler System is Covered Property, we will also pay the cost to: a. Repair or replace damaged parts of the Automatic Sprinkler System if the damage: (1) Results in sprinkler leakage; or CP1010 (ED. 11-85} Page i of 4 LIA 90207 CAT. 767085 PRINTED IN U.S.A. (21 !s airectiv caused by freezing: b. Tear out and replace any part of the building or structure to repair damage to the Automatic Sprinkler System that has resulted in sprinkler leakage. Automatic Sprinkler System means: (a) Any automatic fire protective or extinguishing system, including connected: (i) Sprinklers and discharge nozzies: (ii) Ducts, pipes, valves and fittings: (iii) Tanks, their component parts and supports: and (iv) Pumps and private fire protection mains. (b) When supplied from an automatic fire protective system: (i) Non-automaticfire protective systems: and (ii) Hydrants, standpipes and outlets. 10. Sinkhoie Collapse, meaning loss or damage caused by the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or similar rock formations. This cause of loss does not include the cost of filling sinkholes. 11. Volcanic Action, meaning direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: a. Airborne volcanic blast or airborne shock waves: b. Ash. dust or particulate matter: or c. Lava flow. All volcanic eruptions that occur withinany 72-hour periodwillconstitute asingle occurrence. This cause of loss does not includethe cost to remove ash, dust orparticulate matter that does not cause direct physical ioss or damage to the described property. B. EXCLUSIONS 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Building Ordinance The enforcement of any ordinance or law: (1) Regulating the construction, use or repair of any property; or (2) Requiring the tearing down of any property, including the cost of removing its debris. b. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as an earthquake, landslide or earth sinking, rising or shifting. But if loss or damage by fire or explosion results, we will pay for that resulting loss or damage. (2) Volcanic eruption, explosion or effusion. But if loss or damage by fire or voicanic action results, we will pay for that resulting loss or damage. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent Its spread, if the fire would be covered under this Coverage Part. d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. LIA 90208 But if loss or damage by fire results, we will pay for that resulting ioss or damage. CP1010 (ED. 11-85) Page 2 of 4 PRINTED IN U.S.A. e. Power Failure The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if loss or damage by a Covered Cause of Loss resuits, we will pay for that resulting loss or damage. f. War and Military Action (1) War. including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Water (1) Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; (2) Mudslide or mudflow; (3) Water that backs up from a sewer or drain; or (4) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings. But if loss or damage by fire, explosion or sprinkler leakage results, we will pay for that resulting loss or damage. 2. We will not pay for loss or damage caused by or resulting from: a. Artificially generated electrical current, including electric arcing, that disturbs electrical devices, appliances or wires. But if loss or damage by fire results, we will pay for that resulting loss or damage. b. Rupture or bursting of water pipes (other than Automatic Sprinkler Systems) unless caused by a Covered Cause of Loss. c. Leakage or discharge of water or steam resulting from the breaking or cracking of any part of a system or appliance containing water or steam (other than an Automatic Sprinkler System), unless the system or appliance is damaged by a Covered Cause of Loss. d. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if loss or damage by fire or combustion explosion results, we will pay for that resuiting loss or damage. e. Mechanical breakdown, including rupture or bursting caused by centrifugal force. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. 3. Special Exclusions The following provisions apply oniy to the specified Coverage Forms. a. Business income Coverage Form or Extra Expense Coverage Form We will not pay for: (1) Any loss caused by or resulting from: LIA 90209 (a) Damage or destruction of "finished stock'': or CP1010 (ED. 11-85) Page 3 of 4 PRINTED IN U.S.A. fb) The time requirea to reproduce "finished stock". This exclusion does not apply to Extra Expense. (2) Any loss caused by or resulting from direct physical loss or damage to radio or television antennas, including their lead-in wiring, masts or towers. (3) Any increase of loss caused by or resulting from: (a) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding, repair or replacement by strikers or other persons: or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of "operations", we will cover such loss that affects your Business Income during the "period of restoration". (4) Any Extra Expense caused by or resulting from suspension, lapse or cancellation of any license, lease or contract beyond the "period of restoration". (5) Any other consequential loss. b. Leasehold Interest Coverage Form (1) Paragraph B.l.a..Building Ordinance, does not apply to insurance under this Coverage Form. (2) We will not pay for any loss caused by: (a) Your cancelling the lease; (b) The suspension, lapse or cancellation of any license: or (c) Any other consequential loss. c. Legal Liability Coverage Form (1) The following Exclusions do not apply to insurance under this Coverage Form: (a) Paragraph B.l.a.. Building Ordinance: (b) Paragraph B.I.c., Governmental Action: (c) Paragraph B.I.d., Nuclear Hazard; (d) Paragraph B.f.e., Power Failure: and (e) Paragraph B.l.f., War and Military Action. (2) Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement. (3) Nuclear Hazard We will not defend any claim or "suit", or pay any damages, loss, expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused. CP1010 (ED.11-85) Page 4 of 4 LIA 90210 PRINTED IN U.S.A. COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES-POLLUTANTS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART A. The changes below apply to the following forms: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM BUILDERS' RISK COVERAGE FORM TOBACCO SALES WAREHOUSES COVERAGE FORM 1. Under PROPERTY NOT COVERED, the following is added: Covered Property does not include water. 2. The DEBRIS REMOVAL Additional Coverage is replaced by the following: Debris Removal a. We will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us within 180 days of the earlier of: (1) The date of direct physical loss or damage; or (2) The end of the policy period. b. The most we will pay under this Additional Coverage is 25% of: (1) The amount we pay for the direct loss or damage; plus (2) The deductible in this policy applicable to that loss or damage. But this limitation does not apply to any additional debris removal limit provided in the Limit of Insurance section. c. This Additional Coverage does not apply to costs to: (1) Extract "pollutants" from land or water; or (2) Remove, restore or replace polluted land or water. 3. The following Additional Coverage is added: Pollutant Clean Up and Removal We will pay your expense to extract "pollutants" from land or water at the described premises if the release, discharge or dispersal of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us within 180 days of the earlier of: a. The date of direct physical loss or damage: or b. The end of the policy period. The most we will pay for each location under this Additional Coverage is Si 0.000 for the sum of all such expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. This limit is in addition to the Limits of Insurance. LIA 90211 pomoc /cn 769924 nnm rfrn THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the CANCELLATION Common Policy Condition are replaced by the following: 2. a. CANCELLATION OF POLICIES IN EFFECT 60 DAYS OR LESS We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 30 days before the effective date of cancellation if we cancel for any reason not included in paragraph A.2.a.(2) below. (2) t5 days before the effective date of cancellation if we cancel for any of the following reasons: (a) Nonpayment of premium; LIA 90213 (b) Conviction of a crime arising out of acts increasing the hazard insured against: (c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim; (d) After issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and that occurred subsequent to inception of the current policy period; (e) Material physical change in the property insured, occurring after issuance or last annual renewal anniversary date of the policy, that results in the property becoming uninsurable in accordance with our objective, uniformly applied underwriting standards in effect at the time the policy was issued or last renewed; or material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, that causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed; (f) Reauired pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders, our creditors or the public. (gj A determination by the Superintendent that the continuation of the policy would violate, or would place us in violation of. any provision of the Insurance Code: or (h) Where we have reason to believe, in good faith and with sufficient cause, that there is a probable risk of danger that the insured will destroy, or permit to be destroyed, the insured property for the purpose of collecting the insurance proceeds. >i fars A-*.onv CAT. 861316 b. CANCELLATION OF POLICIES IN EFFECT FOR MORE THAN 60 DAYS If this policy has been in effect for more than 60 days, or if this policy is a renewal or continuation of a policy we issued, we may cancel this policy only for any of the reasons listed in paragraph A.2.a.(2) above provided we mail the first Named Insured written notice at least 15 days before the effective date of cancellation. 3. We will mail or deliver our notice, including the reason for cancellation, to the first Named Insured at the address shown in the policy and to the authorized agent or broker. B. The following Conditions are added: 1. NONRENEWAL If we decide not to renew this policy we will send notice as provided in paragraph B.3. below along with the reason for nonrenewal. 2. CONDITIONAL RENEWAL If we conditionally renew this policy subject to a: a. Change of limits: b. Change in type of coverage; c. Reduction of coverage: d. Increased deductible: e. Addition of exclusion: or f. Increased premiums in excess of 10%, exclusive of any premium increase due to and commensurate with insured value added or increased exposure units; or as a result of experience rating, loss rating, retrospective rating or audit; we will send notice as provided in paragraph B.3. below. 3. NOTICES OF NONRENEWAL AND CONDITIONAL RENEWAL a. If we decide not to renew this policy or to conditionally renew this policy as provided in paragraphs B.l. and B.2. above, we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before: (1) The expiration date; or (2) The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed, proof of mailing will be sufficient proof of notice. c. We will not send you notice of nonrenewal or conditional renewal if you. your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. C. The following provisions' apply when the COMMERCIAL PROPERTY COVERAGE PART or the FARM COVERAGE PART is made a part of this policy: items C.2. and C.3. appiy if this policy meets the conditions of C.l. 90214 OQIWTPn IM | I <3 A a. The poncy is issued or issueo for delivery in New York State covering property iocateo in this state: and o. The policy insures: (1) for less of or damage to structures, other than hotels or motets, used preccminantly for residential purooses and consisting of no more than four dwelling units: or (2) for loss of or oamage to personal property other than farm personal property or business property: or (3} against damages arising from liability for loss of. damage to or injury to persons or property, except liability arising from business or farming; and c. The portion of the annual premium attributable to the property and contingencies described in t.b. exceeds the portion applicable to other property and contingencies. 2. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. a. We may cancel this poiicy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 15 days before the effective date of cancellation if we cancel for nonpayment of premium: or (2) 30 days before the effective date of cancellation if we cancel for any other reason, b. But if this policy: (ai Has been in effect for more than 60 days: or (b) Is a renewal of a poiicy we issued: we may cancel this poiicy oniy for one or more of the following reasons: (1) Nonpayment of premium: (2) Conviction of a crime arising out of acts increasing the risk of loss: (3) Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim: (4) Discovery of willful or reckless acts or omissions increasing the risk of loss: (5) Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we: (a) Issued the poiicy: or (b) Last voluntarily renewed the policy; (6) The Superintendent of Insurance's determination that continuing the policy would violate Chapter 28 of the Insurance Law; or {") Required pursuant to a determination by the Superintendent of Insurance that the continuation of our present premium volume would be hazardous to the interests of our policyholders, our creditors or the public. 3. The foliowing are added: a. CONDITIONAL CONTINUATION LIA 90215 PRINTED IN U.S.A. Instead of canceling this policy, we may continue it on the condition that: (1) The policy limits be changed: or (2) Any coverage not required by law be eliminated. If this Dolicy is conditionally continued, we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. 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. Delivery of the notice will be the same as mailing. b. NONRENEWAL If, as allowed by the laws of New York State, we: (1) Do not renew this policy; or (2) Condition policy renewal upon: (a) Change of limits; or (b) Elimination of coverage; we will mail or deliver written notice of nonrenewal or conditional renewal: (a) At least 45 days; but (b) Not more than 60 days: before the expiration date of the policy. 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 wiil be sufficient proof of notice. Delivery of the notice will be the same as mailing. D. The following is added to the Farm Property Coverage Form and the COMMERCIAL PROPERTY COVERAGE PART: When the property is subject to the Anti-Arson Application in accordance with New York Insurance Department Regulation No. 96. the following provisions are added: Unless you return the completed, signed and affirmed anti-arson application to us: 1. Or our broker or agent within 45 days of the effective date of the policy, we will rescind the policy by giving: a. 5 days written notice to you; and b. 10 days written notice to the mortgage holder shown in the Declarations. 2. 15 days before the expiration date of the policy, we will not renew the policy. We will give written notice of nonrenewal: a. To you at least 5 days before the expiration date of the policy; and b. To the mortgage holder shown in the Declarations at least 10 days before the expiration of the policy. These nonrenewal provisions supersede all other such provisions of this policy including this endorsement. If the notice in 1. or 2. above is mailed, proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. LIA 90216 1L0268 (ED. 04-90) Page 4 of 5 PRINTED IN U.S.A. c. The following applies fo the COMMERCIAL PROPERTY COVERAGE PART and the FARM COVEFIAGE PART: Paraaraons f. and g. of the MORTGAGE HOLDERS Condition are replaced by the following: f. CANCELLATION ft ) if we cancel this policy, we will give written notice to the mortgage holder at least: (a) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium: or (b) 30 days before the effective date of cancellation if we cancel for any other reason. (2) If you cancel this policy, we will give written notice to the mortgage holder. With respect to the mortgage holder's interest only, cancellation will become effective on the later of: (a) The effective date of cancellation of the insured's coverage; or (b) 10 days after we give notice to the mortgage holder. g. NONRENEWAL (1) If we elect not to renew this policy, we will give written notice to the mortgage holder at least 10 days before the expiration date of this policy. (2) If you elect not to renew this policy, we will give written notice to the mortgage holder. With respect to the mortgage holder's interest only, nonrenewal will become effective on the later of: (a) The expiration date of the policy; or (b) 10 days after we give notice to the mortgage holder. F. The following provisions apply when the following are made a part of this policy: COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. If we send the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice as provided for in paragraph B.3. above, coverage will remain in effect at the same terms and conditions of this policy until sixty days after such notice is mailed or delivered, unless the first Named Insured elects to cancel sooner. 2. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with paragraph E.l above. 3. The last sentence of LIMITS OF INSURANCE does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a iate nonrenewal notice. 1L0268 (ED. 0A-S0) Paoe 5 of 5 LIA 90217 PRINTED IN U.S.A. COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART A. The following provisions apply unless paragraph B. applies: 1. Paragraphs 2. and 3. of the CANCELLATION Common Policy Condition are replaced by the following: 2. a. CANCELLATION OF POLICIES IN EFFECT 60 DAYS OR LESS We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 30 days before the effective date of cancellation if we cancel for any reason not included in paragraph (2) below. (2) 15 days before the effective date of cancellation if we cancel for any of the following reasons: (a) Nonpayment of premium; L1A 90218 (b) Conviction of a crime arising out of acts increasing the hazard insured against; (c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim; (d) After issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subse quent to inception of the current policy period; (e) Material physical change in the property insured, occurring after issuance or last annual renewal anniversary date of the policy, which results in the property becoming uninsurable in accordance with our objective, uniformly applied underwriting standards in effect at the time the policy was issued or last renewed; or material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed; (f) Required pursuant to a determination by the Superintendent that the continu ation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders, our creditors or the public; (g) A determination by the Superintendent that the continuation of the policy would violate, or would place us in violation of, any provision of the Insurance Code; or (h) Where we have reason to believe, in good faith and with sufficient cause, that there is a probable risk of danger that the insured will destroy, or permit to be destroyed, the insured property for the purpose of collecting the insurance proceeds. b. CANCELLATION OF POLICIES IN EFFECT FOR MORE THAN 60 DAYS If this policy has been in effect for more than 60 days, or if this policy is a renewal or continuation of a policy we issued, we may cancel this policy only for any of the reasons listed in paragraph a.(2) above provided we mail the first Named Insured at least 15 days written notice before the effective date of cancellation. 3. We will mail or deliver our notice, including the reason for cancellation, to the first Named Insured .CP0133 (ED.12-86) Page V of 4 CAT. 742260 PRINTED IN U.S.A. at the address shown in the policy and the authorized agent or broker. 2. The ioilowino Conditions are added: a. NONRENEWAL If we decide not to renew this policy we will send notice as provided in Paragraph 2.c. beiow along with the reason for nonrenewal. b. CONDITIONAL RENEWAL If we condition renewal of this policy upon: 0) Change of limits; (2) Change in type of coverage; (3) Reduction of coverage; (4) Increased deductible; (5) Addition of exclusion; or (6) Increased premiums in excess of 10%, exclusive of any premium increase due to and commensurate with insured value added; or as a result of experience rating, retrospective rating or audit; we wiil send notice as provided in paragraph 2.c. below, c. NOTICES OF NONRENEWAL AND CONDITIONAL RENEWAL (1) If we decide not to renew this policy or to conditionally renew this policy as provided in paragraphs 2.a. and 2.b. above, we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before; (a) The expiration date; or (b) The anniversary date if this is a continuous policy. (2) Notice wiil be mailed or delivered to the first Named Insured at the address shown in the policy and the authorized agent or broker. If notice is mailed, proof of mailing wili be sufficient proof of notice. (3) We will not send you notice of nonrenewal or conditional renewal if you, your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. B. If this policy is issued or delivered in New York covering property located in New York for loss of or damage to buildings or structures that: (1) Are used mainly for residential purposes, except hotels and motels; and (2) Contain less than 5 dwelling units; and for which the annual premium in this Coverage Part is greater than the annual premium for other property, if any, in this Coverage Part, the following provisions apply: 1. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. a. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 15 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason, b. But if this policy: (a) Has been in effect for 60 days or more; or (b) Is a renewal of a policy we issued: UA 90219 we may cancel this policy only for one or more of the following reasons: (1) Nonpayment of premium; CP0133 (ED.12-86) Page 2 of 4 PRINTED IN U.S.A.  2) Conviction of a crime arising out of acts increasing the risk of loss: ;3i Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim; (4) Discovery of willful or reckless acts or omissions increasing the risk of loss: (5) Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we: (a) Issued the policy; or (b) Last voluntarily renewed the policy; or (6) The Superintendent of Insurance's determination that continuing the policy would violate Chapter 28 of the Insurance Law. 2. The following are added: a. CONDITIONAL CONTINUATION Instead of cancelling this policy, we may continue it on the condition that: (1) The policy limits be changed; or (2) Any coverage not required by law be eliminated. If this policy is conditionally continued, we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. 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. Delivery of the notice will be the same as mailing. b. NONRENEWAL If, as allowed by the laws of New York State, we: (1) Do not renew this policy; or (2) Condition policy renewal upon: {&) Reduction of limits; or (b) Elimination of coverage; we will mail or deliver written notice of nonrenewal or conditional renewal: (a) At least 45 days; but (b) Not more than 60 days; before the expiration date of the policy. 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. Delivery of the notice will be the same as mailing. C. If this policy covers the interest of the owner of any of the following types of buildings or structures: (1) Residential (except 1 or 2 family buildings or structures); (2) Commercial; or (3) Industrial; 90220 the following provision is added: Before payment to you for loss or damage to the above buildings or structures caused by or resulting from fire, we will: 1. Deduct from your payment the claim of any tax district that issues a certificate of lien in accordance with the Insurance Law; and 2. Pay directly to the tax district the amount of the claim. When we pay that claim, we will have no obligation to pay the amount of that claim to you. Our payment of that claim within 30 days of our receipt of the certificate of lien will be a conclusive presumption that the claim was valid and properly paid. CP0133 (ED.12-8S) Page 3 of 4 PRINTEO IN U.SA D. When the property is subject to the Anti-Arson Application in accordance with New York Insurance Department Regulation No. 96. the following provisions are added: Unless you return the completed, signed and affirmed anti-arson application to us: 1. Or our broker or agent within 45 days of the effective date of the policy, we will rescind the policy by giving: a. 5 days written notice to you: and b. 10 days written notice to the mortgage holder shown in the Declarations. 2. 15 days before the expiration date of the policy, we will not renew the policy. We will give written notice of nonrenewai: a. To you at least 5 days before the expiration date of the policy; and b. To the mortgage holder shown in the Declarations at least 10 days before the expiration of the policy. If the notice in 1. or 2. above is mailed, proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. E. The following is added to: 1. The DUTIES IN THE EVENT OF ACCIDENT, CLAIM OR SUIT Condition in the Legal Liability Coverage Form; and 2. Paragraph b. of the DUTIES IN THE EVENT OF LOSS Condition in the Mortgage Holder's Errors and Omissions Coverage Form: a. Notice given by or on your behalf; or b. Written notice by or on behalf of any claimant; to any of our agents in New York State, which adequately identifies you. will be the same as notice to us. CP0133 (ED.12-86) Page 4 of 4 L1A 90221 PRINTED IN U.S.A. LIFE & CASUALTY EXTRA EXPENSE COVERAGE FORM COMMERCIAL PROPERTY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION E - DEFINITIONS. A. COVERAGE We will pay the actual and necessary Extra Expense you sustain due to direct physical loss of or damage to property at the premises described in the Declarations, including personal property in the open (or in a vehicle) within 100 feet, caused by or resulting from any Covered Cause of Loss. 1. Extra Expense Extra Expense means necessary expenses you incur during the "period of restoration" that you would not have incurred if there had been no direct physical loss or damage to property: a. To avoid or minimize the suspension of business and to continue "operations": (1) At the described premises: or (2) At replacement premises or at temporary locations, including: (a) Relocation expenses; and (b) Costs to equip and operate the replacement or temporary locations: b. To minimize the suspension of business if you cannot continue "operations"; or c. (1) To repair or replace any property; or (2) To research, replace or restore the lost information on damaged valuable papers and records; to the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Form. 2. Covered Causes Of Loss See applicable Causes of Loss Form as shown in the Declarations. 3. Additional Coverages a. Alterations and New Buildings We will pay for the actual and necessary Extra Expense you incur due to direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss to: (1) New buildings or structures, whether complete or under construction; (2) Alterations or additions to existing buildings or structures; and (3) Machinery, equipment, supplies or building materials located on or within 100 feet of the described premises and: (a) Used in the construction, alterations or additions: or (b) Incidental to the occupancy of new buildings. LIA 90222 If such direct physical loss or damage delays the start of "operations", the "period of restoration" will begin on the date "operations" would have begun if the direct physical loss or damage had not occurred. .CP0050 (ED. 11-85) Page i of a CAT. 765023 PRINTED IN U.S.A. b. Civil Authority We will pay for the actual and necessary Extra Expense you incur caused by action of civii authority that prohibits access to the described premises due to direct physical loss of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. This coverage will apply for a period of uo to two consecutive weeks from the date of that action. 4. Coverage Extension You may extend the insurance provided by this Coverage Part as follows: Newly Acquired Locations a. You may extend your Extra Expense Coverage to apply to property at any location you acquire other than fairs or exhibitions. b. The most we will pay for loss under this Extension is 10% of the Limit of Insurance for Extra Expense shown in the Declarations, but not more than Si 00,000 at each location. c. Insurance under this Extension for each newly acquired location will end when any of the following first occurs: (1) This policy expires. (2) 30 days expire after you acquire the property: or (3) You notify us of how you want this coverage to apply to that location. We will charge you additional premium from the date you acquire the property.. This Extension is additional insurance. B. EXCLUSIONS See applicable Causes of Loss Form as shown in the Declarations. C. LIMITS OF INSURANCE The most we will pay for loss in any one occurrence is the applicable Limit of Insurance shown in the Declarations. The limit applicable to the Coverage Extension is in addition to the Limits of Insurance. Payments under the following Additional Coverages will not increase the applicable Limit of Insurance: 1, Alterations and New Buildings: or 2. Civil Authority. D. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions, 1. Appraisal If we and you disagree on the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser: and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. CP0050 (ED. 11-85) Page 2 of 4 LIA 90223 PRINTED IN U.S.A. 2. Duties It You incur extra Expense You must see that the foliowing are done if you incur Extra Expense: a. Notify the police if a iaw may have been broken. b. Give us prompt notice of the direct physical loss or damage, include a description of the property involved. c. As soon as possible, give us a description of how. when and where the direct ohysical loss or damage occurred. d. Take ail reasonable steps to protect the property at the described premises from further damage, if feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses, for consideration in the settlement of the ciaim. e. Permit us to inspect the property and records proving the loss. f. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. In such event, your answers must be signed. g. Send us a signed, sworn statement of loss containing the information werequest to settle the claim. You must do this within 60 days after our request. We will supply you withthe necessary forms. h. Cooperate with us in the investigation or settlement of the claim. i. Resume all or any part of your "operations" as quickly as possible. 3. Limits On Loss Payment We will not pay more for Extra Expense than the percentages shown in the Declarations times the Limit of insurance. When the "period of restoration" is: a. 30 days or less, the first percentage applies. b. 60 days or less, but more than 30 days, the second percentage applies. c. More than 60 days, the third percentage applies. Example: The Limit of Insurance is Si 00.000 The percentages shown in the Declarations are 40%-80%-100% The "period of restoration" is 45 days The amount of Extra Expenses incurred is S90.000 We will not pay more than SI 00.000 times 80% (the percentage applicable for a "period of restoration" of 31-60 days), or $80,000. The remaining SI 0.000 is not covered. 4. Loss Determination The amount of Extra Expense will be determined based on: a. All expenses that exceed the norma! operating expenses that would have been incurred by "operations" during the "period of restoration" if no direct physical loss or damage had occurred. We will deduct from the total of such expenses: (1) The salvage value that remains of any property bought tor temporary use during the "period of restoration", once "operations" are resumed: and (2) Any Extra Expense that is paid for by any other insurance, except for insurance that is written subject to the same plan, terms, conditions and provisions as this insurance: and b. Ait necessary expenses that reduce the Extra Expense otherwise incurred. L!A 90224 CPQ050 (ED. 11-851 Page 3 oi 4 PRINTED IN U.S.A. 5. Loss Payment We will pay for any loss within 30 days after we receive the statement of loss, if: a. You have complied with all of the terms of this Coverage Part: and b. (1) We reach agreement with you on the amount of loss: or (2) An appraisal award has been made. 6. Resumption Of Operations We will reduce the amount of your Extra Expense loss to the extent you can return "operations" to normal and discontinue such Extra Expense. E. DEFINITIONS 1. "Operations" means the type of your business activities occurring at the described premises. 2. "Period of Restoration" means the period of time that: a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises: and b. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality. "Period of restoration" does not include any increased period required due to the enforcement of any law that regulates the construction, use or repair, or requires the tearing down of any property. The expiration date of this policy will not cut short the "period of restoration". CP0050 (ED. 11-85) Page 4 of 4 LiA 90225 PRINTED IN U.S.A. UFE & CASUALTY CAUSES OF LOSS-SPECIAL FORM COMMERCIAL PROPERTY Words and phrases that appear in quotation marks have special meaning. Refer to Section F. - Definitions. A. COVERED CAUSES OF LOSS When Special is shown in the Declarations, Covered Causes of Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss is: 1. Excluded in Section B., Exclusions; or 2. Limited in Section C., Limitations; that follow. B. EXCLUSIONS 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Building Ordinance The enforcement of any ordinance or law: (1) Regulating the construction, use or repair of any property; or (2) Requiring the tearing down of any property, including the cost of removing its debris. b. Earth Movement (1) Any earth movement (other than sinkhole collapse), such as an earthquake, landslide, or earth sinking, rising or shifting. But if loss or damage by fire or explosion resuits, we will pay for that resulting loss or damage. (2) Volcanic eruption, explosion or effusion. But if loss or damage by fire, building glass breakage or volcanic action results, we will pay for that resulting loss or damage. Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. All volcanic eruptions that occur within any 72-hour period will constitute a single occur rence. Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss or damage to the described property. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Coverage Part. d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. But if loss or damage by fire results, we will pay for that resulting loss or damage. LIA 90226 CPI030 (ED. 11-85) Page i of 6 CAT. 767093 PRINTED IN U.S.A. e. Power Failure The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if loss or damage by a Covered Cause of Loss resuits, we will pay for that resulting loss or damage. f. War And Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Water (1) Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; (2) Mudslide or mudflow; (3) Water that backs up from a sewer or drain; or (4) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings. But if loss or damage by fire, explosion or sprinkler leakage results, we will pay for that resulting loss or damage. 2. We will not pay for loss or damage caused by or resulting from any of the following: a. Artificially generated electric current, including electric arcing, that disturbs electrical devices, appliances or wires. But if loss or damage by fire results, we will pay for that resulting loss or damage. b. Delay, loss of use or loss of market. c. Smoke, vapor or gas from agricultural smudging or industrial operations. d. (1) Wear and tear; (2) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Release, discharge or dispersal of contaminants or pollutants; (5) Settling, cracking, shrinking or expansion; (6) Insects, birds, rodents or other animals; (7) Mechanical breakdown, including rupture or bursting caused by centrifugal force; or (8) The following causes of loss to personal property: (a) Dampness or dryness of atmosphere; (b) Changes in or extremes of temperature; or 90227 (c) Marring or scratching. But if loss or damage by the "specified causes of loss" or building glass breakage results, we will pay for that resulting loss or damage. CPI030 (ED. 11-85) Page 2 of 6 PRINTED IN U.S.A. 9. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or ieased by you. or operated under your control. But if loss or damage by fire or combustion explosion results, we will pay for that resulting loss or damage. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. f. Continuous or repeated seepage or leakage of water that occurs over a period of 14 days or more. g. Water that leaks or flows from plumbing, heating, air conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless: (1) You do your best to maintain heat in the building or structure; or (2) You drain the equipment and shut off the water supply if the heat is not maintained. h. Dishonest or criminal act by you. any of your partners, employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose: (1) Acting alone or in collusion with others; or (2) Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees; but theft by employees is not covered. i. Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense. j. Rain, snow, ice or sleet to personal property in the open. k. Collapse, except as provided below in the Additional Coverage for Collapse. But if loss or damage by a Covered Cause of Loss results at the described premises, we will pay for that resulting loss or damage. 3. We will not pay for loss or damage caused by or resulting from any of the following. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the loss or damage. b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property on or off the described premises. 4. Special Exclusions The following provisions apply only to the specified Coverage Forms. a. Business Income Coverage Form or Extra Expense Coverage Form We will not pay for: (1) Any loss caused by or resulting from: (a) Damage or destruction of "finished stock"; or (b) The time required to reproduce "finished stock". LIA 90228 This exclusion does not apply to Extra Expense. (2) Any loss caused by or resulting from direct physical loss or damage to radio or television antennas, including their lead-in wiring, masts or towers. CPI 030 (ED. 11-85) Page 3 of 6 PRINTED IN U.S.A. (3) Any increase of loss caused by or resuiting from: (a) Delay in rebuilding, repairing or replacing the property or resuming "operations'', due to interference at the location of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of "operations", we will cover such loss that affects your Business Income during the "period of restoration". (4) Any Extra Expense caused by or resulting from suspension, lapse or cancellation of any license, lease or contract beyond the "period of restoration". (5) Any other consequential loss. b. Leasehold Interest Coverage Form (1) Paragraph B.I.a., Building Ordinance, does not apply to insurance under this Coverage Form. (2) We will not pay for any loss caused by: (a) Your cancelling the lease; (b) The suspension, lapse or cancellation of any license; or (c) Any other consequential loss. c. Legal Liability Coverage Form (1) The following Exclusions do not apply to insurance under this Coverage Form: (a) Paragraph B.I.a., Building Ordinance; (b) Paragraph B.I.c., Governmental Action; (c) Paragraph B.I.d., Nuclear Hazard; (d) Paragraph B.I.e., Power Failure: and (e) Paragraph B.I.f., War and Military Action. (2) Contractual Liability We will not defend any claim or "suit", or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement. (3) Nuclear Hazard We will not defend any claim or "suit", or pay any damages, loss, expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused. C. LIMITATIONS 1. We will not pay for loss of or damage to: a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. c. The interior of any building or structure caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (1) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (2) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. CPI 030 {ED. 11-85) Page 4 of 6 LIA 90229 PRINTED IN U.S.A. d. Building materials and supplies not attached as part of the building or structure caused by or resuiting from theft. e. Property that is missing, but there is no physical evidence to show what happened to it, such as shortage disclosed on taking inventory. f. Gutters and downspouts caused by or resulting from weight of snow, ice or sleet. g. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. 2. We will not pay more for loss of or damage to glass that is part of a building or structure than SI 00 for each plate, pane, multiple plate insulating unit, radiant or solar heating panel, jalousie, louver or shutter. We will not pay more than S500 for all loss of or damage to building glass that occurs at any one time. This Limitation does not apply to loss of or damage by the "specified causes of loss", except vandalism. 3. We will not pay for loss of or damage to the following types of property unless caused by the "specified causes of loss" or building glass breakage: a. Valuable papers and records, such as books of account, manuscripts, abstracts, drawings, card index systems, film, tape, disc, drum, cell or other data processing, recording or storage media, and other records. b. Animals, and then only if they are killed or their destruction is made necessary. c. Fragile articles such as glassware, statuary, marbles, chinaware and porcelains, if broken. This restriction does not apply to: (1) Glass that is part of a building or structure; (2) Containers of property held for sale; or (3) Photographic or scientific instrument lenses. d. Builders' machinery, tools, and equipment you own or that are entrusted to you. unless held for sale by you. 4. For loss or damage by theft, the following types of property are covered only up to the limits shown: a. $2,500 for furs, fur garments and garments trimmed with fur. b. S2.500 for jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth SI 00 or less per item. c. $2,500 for patterns, dies, molds and forms. d. S250 for stamps, tickets and letters of credit. D. ADDITIONAL COVERAGE-COLLAPSE We will pay for loss or damage caused by or resulting from risks of direct physical loss involving collapse of a building or any part of a building caused only by one or more of the following: 1. The "specified causes of loss" or breakage of building glass, all only as insured against in this Coverage Part: 2. Hidden decay; 3. Hidden insect or vermin damage; 4. Weight of people or personal property; 5. Weight of rain that collects on a roof; 6. Use of defective material or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. We will not pay for loss or damage to the following types of property, if otherwise covered in this Coverage Part, under items 2., 3., 4.. 5. and 6. unless the loss or damage is a direct result of the collapse of a building: CP1030 (ED.11-85) Page 5 of 6 LIA90230 PRINTED IN U.S.A. Outdoor raaio or television antennas, including their lead-in wiring, masts or towers; awnings; gutters and downspouts; yard fixtures; outdoor swimming pools: fences; piers, wharves and docks; beach or diving platforms or appurtenances; retaining walls; walks, roadways and other paved surfaces. Collapse does not include settling, cracking, shrinkage, bulging or expansion. This Additional Coverage wiii not increase the Limits of Insurance provided in this Coverage Part. E. ADDITIONAL COVERAGE EXTENSIONS 1. Property in Transit This Extension applies only to your personal property to which this form applies. a. You may extend the insurance provided by this Coverage Part to apply to your personal property (other than property in the care, custody or control of your salespersons) in transit more than 100 feet from the described premises. Property must be in or on a motor vehicle you own, lease or operate while between points in the coverage territory. b. Loss or damage must be caused by or result from one of the following causes of loss: (1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism. (2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the road bed. (3) Theft of an entire bale, case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is $1,000. This Coverage Extension is additional insurance. The Additional Condition, Coinsurance, does not apply to this Extension. Z Water Damage. If loss or damage caused by or resulting from a covered water damage loss occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or steam escapes. We will not pay the cost of repairing or replacing the system or appliance itself; but we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage; a. Results in sprinkler leakage; or b. Is directly caused by freezing. F. DEFINITIONS "Specified Causes of Loss" means the following: Fire; lightning; explosion; windstorm or hail: smoke: aircraft or vehicles: riot or civil commotion: vandalism; leakage from fire extinguishing equipment: sinkhole collapse; volcanic action; falling objects: weight of snow, ice or sleet; water damage. 1. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or similar rock formations. It does not include the cost of filling sinkholes. 2. Falling objects does not include loss or damage to: a. Personal property in the open; or b. The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wail of the building or structure is first damaged by a falling object. 3. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. CP 1030 (ED. 11-85) Page 6 of 6 LIA 90231 PRINTED IN U.S.A. COMMERCIAL GENERAL LIABILITY ACCOUNT COMMERCIAL GENERAL LIABILITY .92182 (ED. 01-87) LIA 90232 CAT. 769657 PRINTED IN U.S.A. /nr'; COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS COVERAGE PART NUMBER 001 GL 5850 376 CCA EFFECTIVE DATE 07/22/90 (same as policy unless otherwise specified) FORM OF BUSINESS CORPORATION LIMITS OF INSURANCE COVERAGES LIMIT OF LIABILITY AGGREGATE LIMITS OF LIABILITY $ 1,000,000 Products/Completed ------------------------------ Operations Aggregate $ 1,000,000 General Aggregate (other ------------------------------ than Products/Completed Operations) COVERAGE A -Bodily Injury and Property Damage Liability $ 500,000 any one occurrence subject ------------------------------ to the Products/Completed Operations and General Aggregate Limits of Liability $ 50,000 any one fire subject to the Fire Damage Liability ------------------------------ Coverage A occurrence and the General Aggregate Limits of Liability COVERAGE B - Personal and Advertising Injury Liability EXCLUDED any one person or ------------------------------ organization subject to the General Aggregate Limit of Liability COVERAGE C - Medical Payments $ 5,000 any one person subject to ------------------------------ the Coverage A occurrence and the General Aggregate Limits of Liability FORMS APPLICABLE TO THIS COVERAGE PART TITLE NUMBER SEE ENDORSEMENT DC095. DC002 (ED. 01-86) PRINTED IN U.S.A. LIA 90233 '-33 ACCOUNT MASTER BLANK ENDORSEMENT FORM IT IS HEREBY UNDERSTOOD AND AGREED THAT THIS POLICY INCLUDES THESE ENDORSEMENTS AND SCHEDULES (DC002): COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENL. LIAB. COVERAGE PART - TABLE OF CONT. NEW YORK CHANGES VOLUNTEER FIREMAN EXCLUSION NUCLEAR ENERGY LIABILITY EXCL. ENDORSEMENT (BROAD FORM) EXCLUSION - PERSONAL AND ADVERTISING INJURY NEW YORK CHANGES AMENDATORY ENDORSEMENT NEW YORK CHANGES CANCELLATION & NON RENEWAL EXCLUSION - POLLUTION (PREMISES, WASTE, OPERATIONS) EXCLUSION - POLLUTION (PREMISES, WASTE, OPERATIONS, PRODUCTS - COMPLETED OPERATIONS HAZARD) EXCLUSION - EMPLOYERS LIABILITY AND EMPLOYMENT PRACTICES AMENDMENT-GENERAL AGGREGATE LIMITS CG0001 DC004 DC018 CG0166 IL0021 CG2138 CG0163 IL0268 GN049 (ED. (ED, (ED. (ED. (ED. (ED. (ED, (ED. (ED. 11-85) 05-88) 01-86) 11-85) 11-85) 11-85) 04-86) 04-90) 11-87) GN050 GN051 GN053 (ED, 11-87) (ED, 11-87) (ED. 10-87) DC095 (ED. 01-86) PRINTED IN U.S.A. LIA 90234 COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COVERAGE PART NUMBER 001 GL 5850 376 CCA CLASS CODE PREMIUM BASIS 61215 AREA/NEAREST THOUSAND LOCATION 001 EXPOSURE 1000 CLASS DESCRIPTION BUILDINGS OR PREMISES - BANK OR OFFICE - NOC INCLUDING PRODUCTS AND/OR COMPLETED OPERATIONS RATES PRODUCTS/ PREMISES/ COMPLETED OPERATIONS OPERATIONS 245.046 INCL CLASS CODE PREMIUM BASIS LOCATION EXPOSURE CLASS DESCRIPTION RATES PRODUCTS/ PREMISES/ COMPLETED OPERATIONS OPERATIONS CLASS CODE PREMIUM BASIS LOCATION EXPOSURE CLASS DESCRIPTION RATES PRODUCTS/ PREMISES/ COMPLETED OPERATIONS OPERATIONS CLASS CODE PREMIUM BASIS LOCATION EXPOSURE CLASS DESCRIPTION RATES PRODUCTS/ PREMISES/ COMPLETED OPERATIONS OPERATIONS See next page for a description of premium basis and rate application. DC004 (ED. 05-88) Page 1 PRINTED IN U.S.A. LIA 90235 COMMERCIAL GENERAL LIABILITY COVERAGE PART - PREMIUM BASIS PREMIUM BASIS Following are brief descriptions of some of the more common Premium Bases used in calculating the premium for your Commercial General Liability Coverage. These descriptions are subject to more detailed manual rules in use by the Company. 1. Admissions. The total number of persons admitted to an event, excluding employees of the insured. The rate applies per 1,000 admissions, whether paid or complimentary. 2. Area. The total number of square feet of floor space at the insured premises. rate applies per 1,000 square feet of area. The 3. Each. This basis of premium reflects units of exposure. determine these units, such as "per person . Classifications will 4. Gross Sales. The gross amount charged by the named insured, concessionaires of the named insured or by others trading under the insured's name for: (a) All goods or products sold or distributed? jb) Operations performed during the policy period? and (c) Rentals. The rates apply per $1,000 of Gross Sales. 5. Payroll. The total remuneration for services rendered by employees whether paid or substitutes for money. The rates apply per $1,000 of payroll. 6. Total Cost. The cost of all work, let or sublet, as respects each specific project, Including: (a) All labor, materials and equipment furnished, used or delivered for use in the project? and (b) All fees, bonuses or commissions made, paid or due. The rates apply per $1,000 of total cost. 7. Units. A single room or group of rooms used for occupancy as separate living quarters by: (a) a family? (b) a group of unrelated persons living together? or (c) a person living alone. RATES The rates used in calculating the premium for your Commercial General Liability Coverage are subject to the manual rules in use by the Company. DC004 * SPEC (ED. 05-88) Page 2 LIA 90236 UFE & CASUALTY COMMERCIAL GENERAL LIABILITY COVERAGE PART TkBmmmmmmxTs______________________________________________ DECLARATIONS PAGES Form of Business Coverages and Limits of Insurance SCHEDULE SECTION I - COVERAGES Coverage A Bodily Injury and Property Damage Liability Coverage B Personal and Advertising Injury Liability Coverage C Medical Payments Supplementary Payments - COVERAGES A AND B SECTION II - WHO IS AN INSURED SECTION III - LIMITS OF INSURANCE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties in the Event of Occurrence, Claim or Suit Legal Action Against Us Other Insurance Premium Audit Representations Separation of insureds Transfer of Rights of Recovery Against Others to Us SECTION V - DEFINITIONS ENDORSEMENTS LIA 90237 .DC018 (ED. 01-66) CAT. 766100 PRINTED IN U.S.A. LIFE & CASUALTY COMMERCIAL . GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words ''you" and "your" refer to the Named insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II --WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V--DEFINITIONS. SECTION I --COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAY MENTS--COVERAGES A AND B. This insurance applies only to "bodily injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be caused by an "occurrence". The "occurrence" must take place in the "coverage territory". We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III --LIMITS OF INSURANCE: (2) We may investigate and settle any ciaim or "suit" at our discretion: and (3) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. b. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". c. "Property damage" that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the "occurrence" that caused it. 2. Exclusions LiA 90238 This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract": or (2) That the insured would have in the absence of the contract or agreement. c. "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person: (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale. gift, distribution or use of alcoholic beverages. CG0001 {ED. 11-85) Page i of 12 CAT. 77118A PRINTED IN U.S.A. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured: or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity: and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) At or from premises you own. rent or occupy: (b) At or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste: (c) Which are at any time transported, handled, stored, treated, disposed of. or processed as waste by or for you or any person or organization for whom you may be legally responsible: or (d) At or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) if the pollutants are brought on or to the site or location in connection with such operations: or (ii) if the operations are to test for. monitor, dean up. remove, contain, treat, detoxify or neutralize the pollutants. (2) Any loss. cost, or expense arising out of any governmental direction or request that you test for. monitor, clean up. remove, contain, treat, detoxify or neutralize pollutants. 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 or reclaimed. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long: and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on. or on the ways next to. premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured: (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft: or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.{3) of the definition of "mobile equipment" (Section V.8). CG0001 (ED. 11-85) Page 2 of 12 LIA 90239 PRINTED IN U.S.A. h. "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured: or . (2) The use of "mobile equipment" in. or while in practice or preparation for. a prearranged racing, speed or demolition contest or in any stunting activity. i. "Bodily injury" or "property damage" due to war. whether or not declared, or any act or condition incident to war. War includes civil war. insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j. "Property damage" to: (1) Property you own. rent, or occupy: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises: (3) Property loaned to you: (4) Personal property in your care, custody or control: (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations: or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3). (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". k. "Property damage" to "your product" arising out of it or any part of it. l . "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. "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. n. 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. Exclusions c. through n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in SECTION III--LIMITS OF INSURANCE. LIA 90240 CG0001 (ED. 11-85) Page 3 of 12 PRINTED IN U.S.A. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS --COVERAGES A AND B. We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION 111--LIMITS OF INSURANCE: (2) We may investigateand settle any claim or "suit" at our discretion: and (3) Our right and duty to defend end when we have used up the applicable limit of insurance inthe payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. b. This insurance applies to "personal injury" only if caused by an offense: (1) Committed in the "coverage territory" during the policy period: and (2) Arising out of the conduct of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you. c. This insurance applies to "advertising injury" only if caused by an offense committed: (1) In the "coverage territory" during the policy period: and (2) In the course of advertising your goods, products or services. 2. Exclusions This insurance does not appiy to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity: {2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period: (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured: or (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract: (2) The failure of goods, products or services to conform with advertised quality of performance: (3) The wrong description of the price of goods, products or services: or (4) An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (t) On premises you own or rent: (2) On ways next to premises you own or rent: or {3} Because of your operations: LIA 90241 provided that: CG0001 (ED. 11-85) Page 4 of 12 PRINTED IN U.S.A ID The accident takes place in the "coverage territory" and during the policy period: (2) The expenses are incurred and reported to us within one year of the date of the accident: and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: fl) First aid at the time of an accident: (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices: and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f. included within the "products-completed operations hazard". g. Excluded under Coverage A. h. Due to war. whether or not declared, or any act or condition incident to war. War includes civil war. insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B We will pay. with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to S250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to S100 a day because of time off from work. 5. All costs taxed against the insured in the "suit". 6. Pre-judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay. or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION II--WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. CG0001 {ED. It-85) Page 5 of 12 LIA 90242 PRINTED IN U.S.A. c. An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you. However, none of these employees is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her employement; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services: or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die. but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die. but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law. any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-employee of the person driving the equipment: or b. "Property damage" to property owned by, rented to. in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, 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. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION Ml--LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: UA 90243 a. Medical expenses under Coverage C; and CG0001 (ED. 11-85) Page 6 of 12 PRINTED IN U.S.A b. Damages under Coverage A and Coverage B. except damages because of injury and damage included ir the "products-completed operations hazard". 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damage: because of injury and damage included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person oi organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A: and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we wiil pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Banktuptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In the Event of Occurrence, Claim or Suit a. You must see to it that we are notified promptly of an "occurrence" which may result in.a claim. Notice should include: (1) How. when and where the "occurrence" took place: and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit". c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit": (2) Authorize us to obtain records and other information: (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit": and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us 90244 No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured: or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. CG0001 {ED. n-85) Page 7 of 12 PRINTED IN U.S.A. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us. the insured and the claimant or the claimant's legal representa tive. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows; a. Primary insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire. Extended Coverage. Builder's Risk. Installation Risk or similar coverage for "your work " ; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so. but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any. that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in (he absence of this insurance: and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any. with any other insurance that is not described in this Excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we will need for premium computation, and send us copies at such times as we may request. 6. Representations ^ By accepting this policy, you agree: ^,, LIA 90245 CG0001 (ED. 11-85) Page 8 of 12 PRINTED IN U.S.A. a. The statements in the Declarations are accurate and complete: . b. Those statements are based upon representations you made to us: and c. We have issued this policy in reliance upon your representations. 7. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named insured, this insurance applies: a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. SECTION V-DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services: b. Oral or written publication of material that violates a person's right of privacy: c. Misappropriation of advertising ideas or style of doing business: or d. Infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America {including its territories and possessions), Puerto Rico and Canada: b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above: or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business: and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous: or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 90246 6. "Insured contract" means: a. A lease of premises; CGOOOi (ED. 11-85) Page 9 of 12 PRINTED IN U.S.A. b. A sidetrack agreement: c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade: d. Any other easement agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad: e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality: f. An elevator maintenance agreement: or g. That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay damages because of "bodily injury" or "property damage" to a third person or organization, if the contract or agreement is made prior to the "bodily injury" or "property damage". Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications: or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; b. Under which the insured, if an architect, engineer or surveyor, assumes liability for injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in a. above and supervisory, inspection or engineering services: or c. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. 7. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto": b. While it is in or on an aircraft, watercraft or "auto": or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered: but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 8. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads: b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads: d. Vehicles, whether self-propelled or not. maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers: e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b.. c. or d. 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": LIA 90247 CG0001 (ED. 11-85) Page 10 of 12 PRINTED IN U.S.A. (1) Equipment designed primarily for: (a) Snow removal: (b) Road maintenance, but not construction or resurfacing: (c) Street cleaning: (2) Cherry pickers and simitar devices mounted on automobile or truck chassis and used to raise oi lower workers: and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysicai exploration. lighting and well servicing equipment. 9. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 10. "Personal injury" means injury, other than "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment: b. Malicious prosecution; c. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies: d. Oral or written publication of material that slanders or libeis a person or organization or disparages a person's or organization's goods, products or services: or e. Oral or written publication of material that violates a person's right of privacy. 11. a. "Products-completed operations hazard" includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession: or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When ail of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) 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 oh the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. c. 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 the "loading or unloading" of it: (2) The existence of tools, uninstalled equipment or abandoned or unused materials: (3) Products or operations for which the classification in this Coverage Part or in our manual of rules includes products or completed operations. 12. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property: or b. Loss of use of tangible property that is not physically injured. 13. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 14. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: CG0001 (ED. 11-85J Page 11 o( 12 LIA 90248 PRINTED IN U.S.A. (1) You: (2) Others trading under your name: or (3) A person or organization whose business or assets you have acquired: and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. and b. above. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 15. "Your work" means: a. Work or operations performed by you or on your behalf: and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. or b. above. r CG0001 (ED. 11-85) Page 12 of 12 UA 90249 PRINTED IN U.S.A. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANS PORTATION 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property 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 termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear materia)** and with respect to which (a) any 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. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material", if: (1) The "nuclear materia!" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear 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 "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material", "special nuclear material" or "by-product material"; IL0021 (ED. 11-85) Page 1 of 2 LIA 90250 79726A PRINTED IN U.S.A. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES-VOLUNTEER FIREMAN EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to COVERAGE A (Section I): This insurance does not apply to "bodily injury" to any volunteer fireman who is performing any duty or activity that is described in subdivision 1 of Section 5 of the New York Volunteer Fireman's Benefit Law. CG016S (ED. 11*85) LIA 90251 767220 PRINTED IN U.S.A. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION-PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY PART COVERAGE B {Section I) does not apply and none of the references to it in the Coverage Part apply. CG2138 (ED. 11-05) LIA 90252 CAT. 763225 PRINTED IN U.S.A. . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the CANCELLATION Common Policy Condition are replaced by the following: 2. a. CANCELLATION OF POLICIES IN EFFECT 60 DAYS OR LESS We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 30 days before the effective date of cancellation if we cancel for any reason not included in paragraph A.2.a.(2) below. (2) 15 days before the effective date of cancellation if we cancel for any of the following reasons: (a) Nonpayment of premium; (b) Conviction of a crime arising out of acts increasing the hazard insured against; (c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim; (d) After issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially'increases the hazard insured against, and that occurred subsequent to inception of the current policy period; (e) Material physical change in the property insured, occurring after issuance or last annual renewal anniversary date of the policy, that results in the property becoming uninsurable in accordance with our objective, uniformly applied underwriting standards in effect at the time the policy was issued or last renewed; or material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, that causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed; (f) Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders, our -creditors or the public. (g) A determination by the Superintendent that the continuation of the policy would violate, or would place us in violation of, any provision of the Insurance Code; or (h) Where we have reason to believe, in good faith and with sufficient cause, that there is a probable risk of danger that the insured will destroy, or permit to be destroyed, the insured property for the purpose of collecting the insurance proceeds. .IL0268 (ED. 04-90) Page l of 5 LIA90253 CAT. 861316 PRINTED IN U.S.A. b. CANCELLATION OF POLICIES IN EFFECT FOR MORE THAN 60 DAYS If this policy has been in effect for more than 60 days, or if this policy is a renewal or continuation of a policy we issued, we may cancel this policy only for any of the reasons listed in paragraph A.2.a.(2) above provided we mail the first Named Insured written notice at least 15 days before the effective date of cancellation. 3. We will mail or deliver our notice, including the reason for cancellation, to the first Named Insured at the address shown in the policy and to the authorized agent or broker. B. The following Conditions are added: 1. NONRENEWAL If we decide not to renew this policy we will send notice as provided in paragraph B.3. below along with the reason for nonrenewal. 2. CONDITIONAL RENEWAL If we conditionally renew this policy subject to a: a. Change of limits: b. Change in type of coverage; c. Reduction of coverage; d. Increased deductible; e. Addition of exclusion; or f. Increased premiums in excess of 10%, exclusive of any premium increase due to and commensurate with insured value added or increased exposure units; or as a result of experience rating, loss rating, retrospective rating or audit; we will send notice as provided in paragraph B.3. below. 3. NOTICES OF NONRENEWAL AND CONDITIONAL RENEWAL a. If we decide not to renew this policy or to conditionally renew this policy as provided in paragraphs B.l. and B.2. above, we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before: (1) The expiration date; or (2) The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed, proof of mailing will be sufficient proof of notice. c. We will not send you notice of nonrenewal or conditional renewal if you, your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. C. The following provisions apply when the COMMERCIAL PROPERTY COVERAGE PART or the FARM COVERAGE PART is made a part of this policy: Items C.2. and C.3. apply if this policy meets the conditions of C.l. LIA 90254 IL0268 (ED. 04-90) Page 2 of 5 PRINTED IN U.S.A. 1. a. The policy is issued or issued for delivery in New York State covering property located in this state; and b. The policy insures: (t) for toss of or damage to structures, other than hotels or motels, used predominantly for residential purposes and consisting of no more than four dwelling units; or (2) for loss of or damage to personal property other than farm personal property or business property; or (3) against damages arising from liability for loss of, damage to or injury to persons or property, except liability arising from business or farming; and c. The portion of the annual premium attributable to the property and contingencies described in i.b. exceeds the portion applicable to other property and contingencies. 2. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. a. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 15 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. b. But if this policy: (a) Has been in effect for more than 60 days; or (b) is a renewal of a policy we issued: we may cancel this policy only for one or more of the following reasons: (1) Nonpayment of premium; (2) Conviction of a crime arising out of acts increasing the risk of loss; (3) Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim; (4) Discovery of willful or reckless acts or omissions increasing the risk of loss; (5) Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we: (a) Issued the policy; or (b) Last voluntarily renewed the policy; (6) The Superintendent of Insurance's determination that continuing the policy would violate Chapter 28 of the Insurance Law; or (7) Required pursuant to a determination by the Superintendent of Insurance that the continuation of our present premium volume would be hazardous to the interests of our policyholders, our creditors or the public. 3. The following are added: a. CONDITIONAL CONTINUATION UA 90255 it n?RR fFn OA-om Page 3 of 5 PRINTED IN U.S.A. Instead of canceling this policy, we may continue it on the condition that: (1) The policy limits be changed; or (2) Any coverage not required by law be eliminated. If this policy is conditionally continued, we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. 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. Delivery of the notice will be the same as mailing. b. NONRENEWAL If, as allowed by the laws of New York State, we: (1) Do not renew this policy; or (2) Condition policy renewal upon: (a) Change of limits; or (b) Elimination of coverage; we will mail or deliver written notice of nonrenewal or conditional renewal: (a) At least 45 days; but (b) Not more than 60 days; before the expiration date of the policy. 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. Delivery of the notice will be the same as mailing. D. The following is added to the Farm Property Coverage Form and the COMMERCIAL PROPERTY COVERAGE PART: When the property is subject to the Anti-Arson Application in accordance with New York Insurance Department Regulation No. 96, the following provisions are added: Unless you return the completed, signed and affirmed anti-arson application to us: 1. Or our broker or agent within 45 days of the effective date of the policy, we will rescind the policy by giving: a. 5 days written notice to you; and b. 10 days written notice to the mortgage holder shown in the Declarations. 2. 15 days before the expiration date of the policy, we will not renew the policy. We will give written notice of nonrenewal: a. To you at least 5 days before the expiration date of the policy; and b. To the mortgage holder shown in the Declarations at least 10 days before the expiration of the policy. These nonrenewal provisions supersede all other such provisions of this policy including this endorsement. If the notice in 1. or 2. above is mailed, proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. UA 90256 IL0268 (ED. 04-90) Page 4 of 5 PRINTED IN U.S.A. E. The following applies to the COMMERCIAL PROPERTY COVERAGE PART and the FARM COVERAGE PART: Paragraphs f. and g. of the MORTGAGE HOLDERS Condition are replaced by the following: f. CANCELLATION (1) If we cancel this policy, we will give written notice to the mortgage holder at least: (a) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or * (b) 30 days before the effective date of cancellation if we cancel for any other reason. (2) If you cancel this policy, we will give written notice to the mortgage holder. With respect to the mortgage holder's interest only, cancellation will become effective on the later of: (a) The effective date of cancellation of the insured's coverage; or (b) 10 days after we give notice to the mortgage holder. g. NONRENEWAL {1) If we elect not to renew this policy, we will give written notice to the mortgage holder at least 10 days before the expiration date of this policy. (2) If you elect not to renew this policy, we will give written notice to the mortgage holder. With respect to the mortgage holder's interest only, nonrenewal will become effective on the later of: (a) The expiration date of the policy; or (b) 10 days after we give notice to the mortgage holder. F. The following provisions apply when the following are made a part of this policy: COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. If we send the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice as provided for in paragraph B.3. above, coverage will remain in effect at the same terms and conditions of this policy until sixty days after such notice is mailed or delivered, unless the first Named Insured elects to cancel sooner. 2. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with paragraph E.1 above. 3. The last sentence of LIMITS OF INSURANCE does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. IL0268 (ED. 04-90) Page 5 of 5 LIA 90257 PRINTED IN U.S.A. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - POLLUTION (PREMISES, WASTE, OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. of Coverage A (Section 1) is replaced by the following: f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by. Of rented or loaned to you or any other insured; (b) Which are or were at any time transported, handled, stored, treated,' disposed of, or processed as waste by or for you or any other insured or any person or organization for whom you or an^ insured may be legally responsible; (c) At or from any premises, site or location which is or was at any time used by you, any othei insured, or any other person or organization for the handling, storage, disposal, processing oi treatment of waste; (d) At or from any premises, site or location other than any premises, site or location described in (a] and (c) above on which you or any insured or any contractors or subcontractors working directly 01 indirectly on your or any insured's behalf are performing operations: (i) If the pollutants are or were at any time brought to the premises, site or location by you 01 such insured, contractor or subcontractor; or (ii) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify o< neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense: (a) arising out of any request, demand or order issued or made pursuant to any environmental protection or environmental liability statutes or regulations that you or any other insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, ex' in any way respond to, oi assess the effects of pollutants; or (b) arising out of any claim or suit by or on behalf of a governmental authority for damages because oi testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means one or more solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. GN049 {ED. 11*87) LIA 90258 Cat 752029 PRINTED IN USA. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - POLLUTION (PREMISES, WASTE, OPERATIONS, PRODUCTS-COMPLETED OPERATIONS HAZARD) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. of Coverage A (Section 1) is replaced by the following: f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which' is or was at any time owned or occupied by, or rented or loaned to you or any other insured; (b) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any other insured or any person or organization for whom you or any insured may be legally responsible; (c) At or from any premises, site or location which is or was at any time used by you, any other insured, or any other person or organization for the handling, storage, disposal, processing or treatment of waste; (d) At or from any premises, site or location other than any premises, site or location described in (a) and (c) above on which you or any insured or any contractors or subcontractors working directly or indirectly on your or any insured's behalf are performing operations: (i) If the pollutants are or were at any time brought to the premises, site or location by you or such insured, contractor or subcontractor; or (ii) 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; (e) If the "bodily injury" or "property damage" is included within the "products-completed operations hazard". Subparagraphs (a) and (d)(i) and (e) do not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense: (a) arising out of any request, demand or order issued or made pursuant to any environmental protection or environmental liability statutes or regulations that you or any other insured 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) arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means one or more solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. LIA 90259 .GN050 (ED. 11-87) CAT. 759201 PRINTED INU.S.A. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION--EMPLOYERS LIABILITY AND EMPLOYMENT PRACTICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Exclusion e. of Coverage A (Section 1) is replaced by the following: e. "Bodily injury" to: (1) An employee of the insured arising out of or in the course of employment by the insured; (2) An employee or former employee of the insured or of any person or organization of which the insured is an executive officer or employee, whether or not arising out of or in the course of employment by the insured or such person or organization, or an applicant for employment with the insured or such person or organization if the "bodily injury" arises out of any: (a) refusal to employ; (b) termination of employment; (c) coercion; (d) criticism; (e) demotion; (f) evaluation; (g) reassignment; (h) discipline; (i) defamation; (j) harassment; (k) humiliation; (1) discrimination; or (m) any other employment related practices, policies, acts or omissions. (3) The spouse, child, parent, brother or sister of that employee, former employee or any applicant for employment as a consequence of (1) or (2) above. This exclusion applies: (1) Whether the insured may be held liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. Exclusions e.(1) and e.(3) do not apply to liability for "bodily injury" to an employee of the insured assumed by the insured under an "insured contract". 2. Coverage B (Section 1) is amended by adding the following exclusion: c. "Personal injury" to: (1) An employee or former employee of the insured or of any person or organization of which the insured is an executive officer or employee, whether or not arising out of or in the course of employment by the insured or such person or organization, or an applicant for employment with the insured or such person or organization if the "personal injury" arises out of any: (a) refusal to employ; (b) termination of employment; (c) coercion; (d) criticism; (e) demotion; (f) evaluation; (g) reassignment; (h) discipline; (i) defamation; (j) harassment; (k) humiliation; (I) discrimination; or (m) any other employment related practices, policies, acts or omissions. (2) The spouse, child, parent, brother or sister of that employee, former employee or any applicant for employment as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be held liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. LIA 90260 CAT. 756881 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT-GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section ill, Limits of Insurance, Paragraph 2, is amended to read as follows: The General Aggregate Limit is the most we will pay for the sum of: (a) Medical expense under Coverage C; and (b) Damages under Coverage A and B, except damages because of injury and damage included in the "products-completed operations hazard", because of: (1) Injury or damage which occurs at each "location"; (2) Injury or damage which occurs at each "project"; (3) Injury or damage which occurs away from the locations orprojectsdescribed in (b)(1) or (b)(2) above. The General Aggregate Limit applies separately to each "location" and"project"referred to in paragraphs (b)(1) and (b)(2) above and to all injury or damage described in paragraph (b)(3) above. "Location" means the same or connected lots or premises owned by or rented to you or such lots or premises whose connection is interrupted only by a street, roadway, waterway or right of way of a railroad. "Project" means an area other than a "location" at which you are performing operations pursuant to a contract or agreement. GN053 (ED. 10-87) LIA 90261 CAT. 752924 PRINTED IN U.SA.