Document Oz4E3VxYRmRR6JekNjZnMMx5w

1 bH Ofl) (i> 'OS iMnH- Jh-- $ <b` E & hi - M EnrnFsigKjs^iL siismiKFa- omi?iiicra` 9Aicap<h 34Unc& INCORPORATED BY THE STATE OF ILLINOIS AS A STOCK COMPANY HEREINAFTER CALLED THE COMPANY I. Name of Insured*. P.0. Address: 2. Location of Coverage: 3. Pol icy Period: 4. Coverage: 5. Limits of Liabi1ity: 6. Premium: 7. Audit Period; Policy No. RD 9972475 Renewal of No. New DECLARATIONS The Anaconda Company and/or its affiliated associated and subsidiary companies and their subsidiary companies, as now constituted or as may hereinafter be acquired or created and Inspiration Consolidated Copper Company and Warrior Co-Operative Mercantile Company and Butte Copper and ZIne Company. 25 Broadway, New York, New York Worldwide FROM* October 4, 1959 TO: October 4, 1962 (12:0! A.M. Standard Time at the Address of the Named Insured) Excess Public Liability and Property Damage $2,000,000. Single Limit any one occurrence Combined Personal Injury and/or Property Danage in excess of limits indicated in the schedule of underlying insurance (see Endorsement #1 attache or $25,000. ultimate net loss each occurrence no covered by said underlying insurance. 42,840. 14,280. ! 14,280. 14,280. 14,280. Rate: Annual Payable Inception 1st Anniversary 2nd Anniversary Annual Minimum Premium $.0065 per $100. of Payroll DATE OF ISSUE: February 15. i960 COUNTERSIGNED BY: Licensed ly^sitdent Agent N11042 EJHOTiltti (SSaiPs.Siir ^Aicago, tfllinoib INCORPORATED BY THE STATE OF ILLINOIS AS A STOCK COMPANY HEREINAFTER CALLED THE COMPANY Agrees with the Named Insured specified in the Declarations, made a part hereof, subject to the limitations, terms and conditions hereinafter mentioned: INSURING AGREEMENTS 1 COVERAGE To indemnify the insured for all sums which the insured shall be obligate: to pay by reason of the liability (A) Imposed upon the insured by law, / or (B) Assumed by the insured under written contract or agreement but only in respect of operations by or on behalf of the Named Insured, for damages, direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss", on account of personal injuries, including death at any time resulting therefrom, and property damage caused by or arising out of each occurrence. 2. LIMIT OF LIABILITY The Company shall only be liable for the ultimate net loss in excess of either (A) the amount recoverable under underlying insurance as set out in the attached schedule or (B) $25,000. ultimate net loss in respect of each occurrence not covered by said underlying insurance (thereinafter called the "underlying limits") and then only up to an amount not exceeding the Company's limit of liability, stated in Item 5 of the Declarations, as a result of any one occurrence. There is no limit to the number of occurrences for which claims may be made hereunder, except as hereinafter provided, thereunder and which happened during the term of this policy, this Policy shall, subject to the terms and conditions of the underlying insurance. M (1) in the event of reduction pay the excess of the reduced underlying 1imit; or (2) in the event of exhastion continue in force as underlying insurance. The Company's total limit of liability, in respect to (1) and (2) above only, shall not exceed the amount stated in Item 5 of the Declarations on account of all occurrences happening during each annual period commencing with the effective or anniversary date of the policy. The inclusion of more than one insured shall not operate to increase the Company's limit of liability in all arising out of one occurrence. i 3. POLICY PERIOD - TERRITORY This policy applies only to "occurrences", as defined herein, during the policy period anywhere in the world. DEFINITIONS 1. NAMED INSURED AND INSURED The words "Named Insured", wherever used in this policy, includes any subsidiary company of the Named Insured and any other company coming under the Named Insured's control of which it assumes active management. The unqualified word "Insured", wherever used in this policy, includes not only the Named Insured but also (A) any person, organization, trustee or estate to whom the Named Insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only in respect of operations by or on behalf of the Named Insured; (B) any partner, executive officer, director, stockholder or employee of the Named Insured, while acting his capacity as such 2. PERSONAL INJURIES The term "Personal Injuries" wherever used herein, shall include, not by way of limitation, the followings Bodily Injury, Mental Injury, Mental Anguish, Shock, Sickness, Disease, Disability, False Arrest, False Imprisonment, Wrongful Eviction, Wrongful Detention, Malicious Prosecution, Discrimination, Humiliation, Invasion of right of privacy. Libel, Slander or Defamation of Character; also Piracy and any Infringement of Copyright or of property or contract rights committed or alleged to have been committed in the conduct of the Insured's promotional. Public relations and advertising activities. -L. 3 It is understood and agreed, however, that with respect to promotional public relations"and advertising activities this policy shall not apply to claims against the Insured: (1) for failure of performance of contract (but this shall not relate to claim for unauthorized appropriation of ideas based upon alleged breach of implied contract); ! j j l 1 (2) by advertising agents of the Insured; (3) for infringement of trade-mark or trade name by use thereof as the trade-mark or trade name on goods as advertised; (4) for incorrect discretion of any article or commodity; (5) for mistake in advertised price. 3. PROPERTY DAMAGE The term "Property Damage", wherever used herein, shall mean, direct or consequential, damage to, or destruction of, or loss of use of property. 4. OCCURRENCE The terra "Occurrence", wherever used herein, shall mean an event, or continuous or repeated exposure to conditions, which unexpectedly or unintentionally causes injury, damage or destruction during the policy period. All such exposures to substantially the same general conditions existing at or emanating from each premises location during the policy period shall be deemed one occurrence. 5. ULTIMATE NET LOSS The term "Ultimate Net Loss" shall mean the total sura which the Insured, or any company as his insurer, becomes obiigated to pay by reason of personal injury or property damage claims, either through adjudication or compromise, and all sums paid for expense, including premiums for attachment or appeal bonds, in respect to litigation, settlement, adjustment and investigation of ctaims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of employees and office expenses of the Named Insured or of any underlying insurer or any other expenses which are recoverable through any other valid and collectible insurance. 6. AUTOHOB ILE The term "Automobile", wherever used herein, shall mean a land motor vehicle, trailer or semi-trailer. 7. AIRCRAFT The term "Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft designated to transport persons or property. mM -4- EXCLUSIONS This Policy shall not apply except as covered in underlying insurance: (a) to personal injury or property damage caused intentionally by or at the direction of the Insured, excepting that this exclusion shall not apply to personal injury or death resulting from any act of the Insured alleged to be assault and battery, comnitted for the purpose of preventing or eliminating danger in the operation of aircraft; (b) to owned watercraft exceeding fifty (50) feet in length; (c) with respect to any aircraft while operated with the knowledge and consent of any executive officer or director of the Named Insured; (1) in violation of the Federal Airworthiness Certificate of said aircraft; (2) in violation of Federal Regulation for Civil Aviation applicable to: (I) night flying, (I!) minimum safe altitudes, or (111) student instruction; (d) to claims made against the Insured: (1) for repairing or replacing any defective product or products manufactured, sold or supplied by the Insured or any defective part or parts thereof nor for the cost of such repair or replacement; (2) for the loss of use of any such defective product or products or part or parts thereof; (3) for improper or inadequate performance, design or specification of any product. (e) to any obligation for which the Insured as any carrier or his insurer may be held liable under any Workmen's Compensation, Unemployment Compensation or Disability Benefits law. (f) to loss of, destruction of, or damage to property owned by the Named Insured. -5- COHO it IONS 1. PREMIUH COMPUTATION The premium stated in the declarations is an advance premium unless otherwise specified. Upon termination of this policy, the earned premium shall be computed in accordance with the rates and minimum premium applicable to this insurance as stated in the declarations. If the earned premium thus computed exceeds the advance premium paid, the Named Insured shall pay the excess to the Company} if less, the Company shall return to the Named Insured the unearned portion paid by such Insured. The Named Insured shall maintain records of the information necessary for premium computation on the basis stated in the declarations and shall send copies of such records to the Company at the end of the policy period or at such times during the policy period as the Company may direct. INSPECTION AND AUOIT The Company shall be permitted at all reasonable times during the policy period to inspect the premises, plants, machinery and equipment used in connection with the Insured's business, trade or work, and to exanine the Insured's books and records any time during the currency hereof and within three years after final settlement of all claims so far as the books and records relate to any payments made on account of occurrences covered by this Policy. MAINTENANCE OF UNDERLYING INSURANCES It Is warranted by the Named Insured that the Policy or Policies referred to in the attached "Schedule of Underlying Insurances", including renewals or replacements thereof not more restrictive, shall be maintained without alteration of terras or conditions in full effect during the currency of this policy except for any reduction of the aggregate limit or 1 touts contained therein solely by payment of claims in respect of occurrences happening during the period of this policy. In the event there is no recovery available to the Insured as a result of insolvency of the underlying insurer or by reason of the Insured having breached the contract of underlying insurance, the coverage hereunder shall apply in excess of the limit of liability specified in the Schedule of Underlying Insurances. 4. CROSS LIABILITY in the event of claims being made by reason of personal injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, then this Policy shall cover such Insured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Insured hereunder. 6 In the event of claims being made by reason of damage to property belonging to any Insured hereunder for which another Insured is, or may be, liable, then this policy shall cover such Insured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Insured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement 2. 5. NOTICE OF OCCURRENCE Whenever the Insured has information from which the Insured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Insured should be held liable, is likely to involve this Policy notice shall be sent to the Company as soon as practicable, provided however, that failure to notify the Company of any occurrence which at the time of its happening, did not appear to involve this Policy, but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. 6. ASSISTANCE AND CO-OPERATION The Company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Insured, but the Company shall have the right and shall be given the Opportunity to associate with the Insured, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company, in which event the Insured and the Company shall co-operate in all things in the defense of such claim, suit or proceeding. 7. APPEALS In the event the Insured or the Insured's underlying insurer(s) elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at its cost and expenses, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of the Company .for ultimate net loss exceed the amount set forth in Insuring Agreement 2 for any one occurrence and in addition the cost and expense of such appeal. 8. LOSS PAYABLE Liability under this policy with respect to any occurrence shall not attach unless and until the Insured, or the Insured's underlying Insurers, shall have paid the amount of underlying limits on account of such occurrence. The Insured shall make a definite claim for any loss for which the Company may be liable M <113.2 7 under the policy within twelve (12) months after the insured snali haye paid arT amount of "ultimate net loss" in excess of the amount borne by the Insured or after the Insured's Iiability shall have been fixed and rendered certain either by final judgment against the insured after actual trial or by written agreement of the Insured, the Claimant, and the Company. If any subsequent payments shall be made by the insured on account of the same occurrence, additional claims shall be made.similariy from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy. If other valid and collectible insurance with any other Insurer is available to the Insured covering a loss also covered by this policy, other than underlying insurance and insurance that is in excess of the insurance afforded by this policy, this policy shall be in excess of and shall not contribute with such other insurance. APPLICATION OF SALVAGES - SUBROGATION All salvages, recoveries or payments recovered or received subsequent to a loss settlement under this insurance shall be applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Insured and the Company, provided always that nothing in this Pol icy shall be construed to mean that losses under this insurance are not recoverable until the Insured's ultimate net loss has been finally ascertained. To the extent of payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization, subject to the rights of underlying Insurer, if any, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Named Insured shall do nothing after loss to prejudice such rights. CHANGES Notice to or "knowledge possessed by any person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company's representative. -8- 12. ASSIGNMENT Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; if, however, the Named Insured shall be adjudged bankrupt or insolvent, this policy shall cover the Named Insured's legal representatives as Named Insured; provided that notice of cancellation addressed to the Insured named in the Declarations and mailed to the address shown in this policy shall be sufficient notice to effect cancellation of this policy. 13. CANCELLATION This policy may be cancelled by either of the parties by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Insured at the address Shown in this policy shall be sufficient proof of notice and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice whether by the Insured or by the Company shall be equivalent to mailing. If the Company cancels, earned premium shall be computed pro rata. If the Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedures. Premium adjustment may be made at the time cancellation is effected and, if not then made, shall be made as soon as practicable after cancellation. The Company's check or the check of its representative mailed or delivered as aforesaid shall be sufficient tender of any refund of premium due to the Insured. )f this policy insures more than one Named Insured, cancellation may be effected by the first of such Named Insureds for the account of all the Named Insureds; notice of cancellation by the Company to such first Named Insured shall be deemed to be notice to all Insureds and payment of any unearned premium to such first Named Insured shall be for the account of all interests therein. 14. BANKRUPTCY AND INSOLVENCY In the event of"the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. IN WITNESS WHEREOF, the CONTINENTAL CASUALTY COMPANY has caused this policy to be signed by its President and Secretary at Chicago, Illinois and countersigned on the Declarations Page by a duly authorized Agent of the Company. M 2SI1-Z 4J 9 "C c V. C 9 c 09 O- * "3 A 3 9-- 9 o t ) tf) < U99 V- "3 --9 --E 99 E > 9 W 9 9 9 9 u 0 U -U 9 0 0 < C 9 9 -1 090909 9 fit 0 OV 9 3) 99 X XX u X u 4> 0 O <0 QJO <0 CJ j s . j z s: <- a. 9 9 0 90 T3 6 91 ce -- CTi 9 u U 9) CD < u u u aiu oi u u u cn 9 9 9 01 9 3) m flj <n o 999 99 9 5O 6z 9 0> Q. 9 9 9 9 9 9 9 V 4 (0 9 MM 9 VI 93 CL o Uo (A H X o ooo o o oooo o a oooo o OOO o o o o oooo o (A1O* O O* UMA -- MM' MM oooo oaoo oo o o 0 0*0*0 O O IAIA u\ ooo 0,0.0 ooo oo o ooo OOlA MM w oo oo oo oo oo o* o l a -4- OOOO OO O O o^ o o o% oooo (AO(A(A O o o * o o o M-* U 9 2^ UJ MM < o til >MM H" Z (9 UJ UJ X Um UJ u. <A UJ cc o Q z UJ CT\ (A O u> u>. >. u 3 33 *3 o CD o O CD "cOoa 9 Q) u o w3 aa. <i8 --t 30 C (A -- > -->. Mo- <9Uu -- <A a *O3 Mo>O CD -Jft. a UJ (A (A V) (A uu 99 99 >> 99 uu h- 1 MM 9 >* >. U 9 i- -- >S 4-1 9 3 (A 9 O --i 9-- 9 u 9c E 5 u >* w MM M MM X9 3 c c 9 *93 9 9 1 < 4 c o MM 9 >. O z >* 9 mm 0mi Ml X 9-- J c 9 V "03) 4 < 9 9O o-- cu 99 ug 3< (A CX -- 4-> u >*o 4-> Z -- cu- (A e o *3 9 -o >* O cc --9 3 sr 5 u >s 9 -- MM -- >9 9 cn 9 e oU 9o 93 a* > < M9M MM 0 CO >* 4-1 U9 3 S9 49-1 4A (A Uo ' *3 U 9 O Mom o 4J 9U 99 V) X >. 4M-. >. w -O 9 9C x o V) 9 V. X 9 (A u U9 4) > *<3 *0 CD < 9 X H- > C 9 a E *6 >- u z <> D- Xo 4J -M 9 u3 (A 9 O -- 9 <9 C 9 CMi 9 c fC1 -CdM* > U <T\\ <T\| J o 0. cac , rws endorsement forms o part of and is for attachment to the policy described below, take* effect on the dote shown below o j 'Effective Octe'' at the hour stated m said policy and expires concurrently with said policy; but the some shall not be binding upon the company umess countersigned by its authorized agent. 2m* Prt*%d*w It is agreed that this policy excludes coverage for liability arising out of the operation of watercraft. POLICY NO. RD 9972475 Form M3461D COMPANY Continental Casualty Co. ................ ENDORSEMENT NO------......................... ISSUED TO EFFECTIVE DATE The Anaconda Company, 10/4/59 gtaU .............................. . Countersigned by ^SED RS|JM^T AGENT Printed in U. S. A. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT {Brood FormJ ft 1* agreed that the Insurance affocded^under ony liability coverage of the policy cm* of arty endorsement ui*d therewith doe* not apply.' (a) to injury, sickness, disease, death or destruction with respect to which on insured under the policy is also on insured under a contract cf nucleor energy liability insurance issued by the Nucfeor Energy Liability Insurance Association or the Mutual Atomic Energy Liability UnderwmerS' and in effect at the time of the occurrence resulting in such injury, sickness, disease, death or destruction; provided, such contract of nucfeor energy Jicbiiify insurance shall be deemed to be in effect at the time of such'occurrence notwithstanding such controct has termi nated upon exhaustion of its limit of liability; (b) to the ownership, maintenance, operation or use of a nucleor facility by or on beholf of an insured, with respect to injury, sickness, diseose. deoth or destruction resulting from the nuclear energy hazard; provided that except for byproduct material, this paragraph (b) shall not ap ply to goods or products manufactured or handled by a nuclear facility owned, maintained, operated or used by or on behalf of an insured while such goods or products are away from such facility after sale or distribution to others; (d to the furnishing pf services, materials, parts or equipment by on insured in connection with the planning, construction, maintenance, coeration or use of any nuclear facility, (!) with respect to injury to or destruction of ony nuclear facility or property thereat resulting from the nucleqr energy hazard or (21 if the nuclear facility is located outside the United States of America, its territories or possessions, or Canada, with respect to injury, sickness, diseose, deoth or destruction resulting from the nucleor energy hazard; (d) to the transportation, handling, use, sale, distribution or disposal of byproduct material, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazard. As used in this endorsement: 1. The term "nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear meteriol or byproduct material. 2. The terms "source material," "special nuclear material" and "byproduct material" shall have the meanings given them in the Atomic En ergy Act of 1954 or by any low omendotory thereof; provided, except for byproduct material (a! contained in or combined with special nuclear material or (b) held, stored, transported or disposed of as waste by or on behalf of a nuclear focility, "byproduct material" shall not include ony radioactive isotope away from a nuclear facility. 3. The term "nuclear focility" means: (a) any apparatus designed or used to sustain nucleor fission in a self-supporting choin reoctlon or to contain a critical mass of fissionable material; (b) ony equipment or device (il designed or used for the separation of the isotopes of uranium or plutonium, 00 designed or used for the processing, fabricating or alloying of special nuclear material or of irradiated materials containing special nuclear material, (ml incorpo rating or making use of such irradiated materials, or (Iv) designed or used for processing waste byproduct material; (c) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste source material or waste consisting of or containing special nucfeor material or byproduct material; and includes the site on which any of the foregoing (s located, together with all operations conducted thereon and all premises used for such operations. Subdivision hi) of paragraph (b) foregoing is not applicable to the occasional mechanical processing or fabricating of speciol nuclear material bv ony person or organization of a location which contains no equipment, device or apparatus otherwise defined herein as a nuclear facility, where special nuclear or byproduct material is not regularly handled, stored, or disposed of as waste, ond which is principally used for ether operations not reloted to the handling, fabricating or use of special nucleor moteriol. 4. With respect to injury to or destruction of property, the word "injury" or "destruction" include* all forms of rodioactive contamination of property. EFFECTIVE OATE OF THIS ENDORSEMENT ENDORSEMENT NO. October 4, 1959 3 This endorsement forms a part of end is for attachment to the following described policy, takes effect on the dote shown above st the hour stated in said policy and expires concurrently with said policy: POLICY NO. RD 9972475 COMPANY Continental Casualty Co ISSUED TO POLICY EFFECTIVE DATE The Anaconda Company, 10/4/59 M5I9I (3-1-58) Countersigned by. Thip endOft-meni form* a part of and is for attachment to the poftey deecribed beta*. take* effect on th* data ofwn be^ow a "Effective 0*t" at the hour stated'in and policy and expire* concurrently with Mid policy; but th come ahail not be binding upon tha company uniaaa countersigned by its authorized apart In consideration of the premit* charged, it is agreed that the following amendments are made to the policy: Definition $, Ultimate Net Loss, is completed to read as follows (after the final word, "insurance*): "Other than insurance specifically in excess hereof." Insuring Agreement 2, Limit of Liability, Section (B) is rewritten as follows: $25,000. ultimate net lose in respect of each occurrence not cowered by said underlying insurance (thereinafter called the "underlying limits") and then only up to an amount not exceeding tha Company's limit of liability, stated in Item 5 of the Declarations, as the result of any one occurrence. There is no limit to the number of occurrmices for ihich claims may be made hereunder, except as hereinafter proTided. In the event of a reduction or exhaustion of the aggregate limits of Liability under said underlying insurance by reason of losses paid thereunder and which happened duriiig the term of this Policy, this Policy shall, subject to the terms and conditions of the underlying insurance," Item #10 - Subrogation. In tha event of any payment under this Policy, the company shall be subrogated to the extent of such payment, to all tha Insured's rights of recovery therefor and the Insured shall execute all papers required and shall do everything that may be necessary to secure saeh rights, but the Company shall have no rights of subrogation against any owned or controlled subsidiary or affiliated companies of the named insured. The Compmiy will act in concert with all other interests concerned (including the Insured) in the exercise of such rights of recovery. If any ament is recovered as a result of such proceedings such amount shall be apportioned as follows: First, any interest (including the Insured) that shall have paid as amount over and above any payment, mads under this policy shall be reimbursed up to the amount paid by rush Interest) second, the Company shall bs rsimburssd out of the balance them remaining, up to the amount paid under this Policy; third, the Insured Is entitled to the residue. The expense of all proceedings necessary to the recovery of any such amount shall be apportioned between the interests concerned (including the Insured) in the ration of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of tha Co^jtay, the expenses thareof shall be borne by the Chopany. ENDORSEMENT NO.... ij...................... POLICY NO. COMPANY ISSUED TO EFFECTIVE DATE HD 9972L75...... Continental Company..........Anaconda Company, at si.....................10/U/59........ nyo Jr 11/30/60 Form M 346 10 Countersigned by..... IS  M^rsemeni .ym\ a pan or ana it for itucm-nant to the poncy described below. take* e*ect on the date showr oelow as 'Effective Date" at tf'-e ur stated m said policy, and atpires concurrently with said policy. Put the same snail not be Binding uoon tne company jness counters.g-ea by it* authorized agent 4/1-- 7- 3*er4on/ V Johnson & Higgins #00208 In consideration of the premium charged, it is agreed that the Schedule of Underlying Insurance is amended as followsi Coverage Company Limit Employers Liability and Liability under Federal Employers Liability Act Lloyds and Combined Companies $1,000,000.00 excess $25,000.00 except with respect to Butte Anaconda and Pacific Railway and Toolle Valley Railway where excess $35,000.00 POLICY NO. R0 9972475 COMPANY Continental Casualty Co. ENDORSEMENT NO............ 5............ ISSUED TO EFFECTIVE DATE The Anaconda Company. Etal........10/4/6.0... 11/2/60 TAS Farm M34tf^O NY0 %. !)... Countersigned by.. ............. UCENSi^ Printed -n J S *. ARCO v. Aetna, 9t al. REVIEW SHEET SEARCHER REVIEW NAME/DATE: C-.NiC-ftM Privileged and Confidential , i Attomay Work Product ija.*|Ra. CASS SOX NUMBER: . INACTIVE BOX INFORMATION DOC. DATE;___________________ RECORO CENTER:_________ SITE CODE:_________ SCHEDULE t_____________ SIGNIFICANT: (3 YES no DEPT.-BOX t:_____ ma s ic Dy e s 0NO LOCATION #._____ PRIVILEGE: Oy ES G-IUE r\i FILE TITLE: Sn o REASON: A/l v/ O x Fo-D ACTIVE BOX INFORMATION DEPT.: iruS'jfi.ftrJC-tg POSSESSOR: R- ms.R.Rj t_i_ BLDG/ROOM:. ft-p.iQTf.fiu.' CAB/ORAWER:. ..Co Tya, ( g ~t ' -- i y COMMENTS: SPECIFICATIONS A. CORPORATf HttTORY ANO 6nOAKZATN 1. tnoatpofUon texnntt 2. Annual raporta 3. Corporal* minuttt A. Rnandal moord*. audta. SEC lUng* 5. Dooumanta ddpenbing corporal* htotory 6. Marg* and aoqutotSon dxumanla 7 OrgtniziMnal chart* 8.Oaparfitont maalp*ma 9; Kay Job d,onp*on* 10. Dooumant ratanttorYdaaaueSoo poioa* 11.Cotporalatotophon* and addraa# book* 12. Staftonaryaicampiar* 13. Loeaibon at raeordabontont or racord* sotags h c n in u. Sourcaa/aanmarto* at informaion JMNCURANCC COVERAQC *i)Proof of inaiaano* (jpPoteto* ^rC^UndanKMng malaria** (indudng (L-/appo**on*) c. Pramaan* d. Policy Ian and daacrtpaon* of oouarag* 2. Policy inlatptataion a. EjpactodVttondad dauaa b. Oeeurrano* or aocidant daua* c. SudeferVacddantal poiluten axctodon* d. Want malarial* axdudon* a. Othar poaubon or contananadon xcludont f. Oadudlbto* g. Sad-toauad ratonten* (*SOTa*) * h. EzhauaaenoMimilaofiabMytMhgof t. Numear of ooourranoaa I. Tnggar of covaraga K. Ormad proparry axduann 1. Duty to dafand m. Duty to ndtmnrfy 3. Capdvaa 4. flartauranot 5. tnauraneaandriakmanagamantdaparlmant adminitoadua malarlala . CJama handing by cantor* a Note*. tond*rof daton**. raapon*** 6. Satoamant* and judpiwnt* and d**n* paid or dartad by aiaurar* c. Lot* run* d. Inaurar rtaarva* a. Third-party dama hangar* In. ESIS) 7. Inaurar knovtodgt oh a Oparaten* and team** b. Sit* or workplao* andHona c. fltok* and hazard* atMaa d. Hazardou* aubatanoaa at ada* a, Oama agaatat AflCO (o*r bun lormal etoknf**) 8. Envronmantal monitoring, loaa pravanion aarvle** By naurart 9. Rtok analy***, dam* htotnrto* 10. Brofcarr. bommuracatona, niorma*on, aanaoa* 11. Data provldad to ARCO Itwyart and aboouitanta ra inaurano* or daana C. ARCO KNOWLEOQC HE Mtt 1. Witon* and amptoya* crganlzafton* 2. Lobbying and to^afath* taaimony 3. AACO sMvMnii Ft optnlM, hMMh or anytronmantaf nek*. hazardou* tubnano**, wataa* 4. Qouammanf agandaa; oorraapondanoa. inaptcSona 5. Non-Wgaion atom*, oompiaintt. orlnqutto* bum Wrd pariaa 6. ARCO raaaarcn ra affacta of hazardou* aupatanoa* on haaflh or anvmnmanl 7. Irtdjaay organtzaion data ra affect* of hazardou* aubatanoaa on haalti or J arrrtronmant I ft. Pttofte intorrhaton dooumanta. waminga I 9. Third party or pttofkdy av^apia ntorma*on 7. Aoguaiten of hazardou* aubatanoaa 9. Harxpng. and tNpmant ol hazaroou* auoacanoa* 9. Propara** at eharmeat*. mmarala. and hazardou* aofcftanea* uaad. rallnad. manufactured. or sttrad on art* 10. Propartto* of hazardou# *a*ta* and by products ganaraiad dumg oparaaona 11. Proparaaa of hazardou* mawiala daoosad on ada 12. ARCO on-art* rfapoaal facditto* 13. Hazardou* waata* sanl Co third party nta* 14. Oamag* to haaflh. proparry, or natural raacuroa* from oparaton* 15. Eflacci on ampioy** haaflh. including otter*' oompanuten dun* IS. Effect* of apaoltc ralaaaaa on haaith. anvmonmant, na*aal raaourco* 17. Inddant raporta. normal ratoaaa*. unptannad atranca 1ft. ARCO raapon** to ratoaaa of hazarttou* m^attnctt 19. thlfd party raaponaaa to ralaaa* of hazardou* jueama* 29. Comptmo*. anlbroamant prooaadng* 21. Enytronmantal audta 22. Envlroncnantaf Impaot Statamant* C. CUfWINr CUUMS. UTMATION. ANO OAMAflH 1. Oooumana ra undarlying acOcn* 2. Indamnity clalma 3. ARCO axpandrtLra* for llbgation. dtfan:* ctoanup. aattamary. judgmant 4. Profaetona of tutor* cotta 5. Eoonomie impaot on AflCO of ratoa*# of hazardou* aubatanoaa 8. Paymanta by third pant** for elaanup 9. OPCRATXM ANO PACUTK1 1. Raal aatato dooumanta 2. PsCffttS SOd iQSftSN 3. ARCOpraduela U. Oparaion* manual* and da*cnp<ona IS. Poftulon oonaoi pmoadaa* and aqupmant jft. Proeaduraa lor hancing hazardou* malartal* k. AOMMtTRATIVE PROCESSJNO l.natoldtr ZMMM O. LEAD 1.Laad In Paint 2. Laad ATTORNEY REVIEW/QC PRODUCE la^s PRIVIt^GED: YES NO J3ii0 AWP o t her PROTECTIVE ORDER: y e s ACP q H6 JOINT DEFENSE AGREEMENT: yes NO SIGNIFICANT: MASK J^YES NO SEE CPF NO o o c u me n t p r o c e s s in g _____________________ PRIORITY: 0ONE DTWO THREE C3F0UR FIVE/NONE COMPUTERIZATION: HEAVY KEYWORD OUGHT KEYWORD gBULK UPDATE REVIEW SHEET NUMBER: 0039622 onm ICTION NUMBER RANGE: ANC010367526 T ARC01U36753-B i I: I SOTW!!!HreP.&IL <3&SW&MTS (WPST3 9Auxtgo, INCORPORATED BY THE STATE OF ILLINOIS AS A STOCK COMPANY HEREINAFTER CALLEO THE COMPANY ]. Name of Insuredt P.0, Address: 2. Location of Coverage: 3. Pol icy Period: 4. Coverage: 5. Limits of Liability: 6. P remium: 7. Audit Period: OATE OF ISSUE: Pol icy No* RD 9972475 Renewal of No. New DECLARATIONS The Anaconda Company and/or its affiliated associated and subsidiary companies and their subsidiary companies, as now constituted or as may hereinafter be acquired or created and Inspiration Consolidated Copper Company and Warrior Co-Operative Mercantile Company and Butte Copper and Zine Company. 25 Broadway, New York, New York Worldwide FROM* October 4, 1959 TO: October 4, 1962 (12:01 A.M. Standard Time at the Address of the Named Insured) Excess Public Liability and Property Damage $2,000,000. Single Limit any one occurrence Combined Personal Injury and/or Property Damage in excess of limits indicated in the schedule of underlying insurance (see Endorsement #1 attache or $25,000. ultimate net loss each occurrence no covered by said underlying insurance. 42,840. 14,280. 1 14,280. 14,280. 14,280. Rate: Payable Inception 1st Anniversary 2nd Anniversary Annual Minimum Premium $.0065 per $100. of Payroll Annual COUNTERSIGNED BY: February 15. I960 Licensed R^jsrttlent Agent AkC0103b7526 <s<mpaK!EiS3^JL (s &s s w &s f x saffiftKrsy ^SAtca^o, INCORPORATED BY THE STATE OF ILLINOIS AS A STOCK COMPANY HEREINAFTER CALLED THE COMPANY Agrees with the Named Insured specified in the Declarations, made a part hereof, subject to the limitations, terms and conditions hereinafter mentioned; INSURING AGREEMENTS 1. COVERAGE To indemnify the insured for all sums which the insured shall be obligated to pay by reason of the liability (A) Imposed upon the insured by Jaw, or (B) Assumed by the insured under written contract or agreement but only in respect of operations by or on behalf of the Named Insured, for damages, direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss", on account of personal injuries, including death at any time resulting therefrom, and property damage caused by or arising out of each occurrence. 2. LIMIT OF LIABILITY The Company shall only be liable for the ultimate net loss in excess of either (A) the amount recoverable under underlying insurance as set out in the attached schedule or (8) $25,000. ultimate net loss in respect of each occurrence not covered by said underlying insurance (thereinafter called the "underlying limits") and then only up to an amount not exceeding the Company's limit of liability, stated in Item 5 of the Declarations, as a result of any one occurrence. There is no limit to the number of occurrences for which claims may be made hereunder, except as hereinafter provided, thereunder and which happened during the term of this policy, this Policy shall, subject to the terms and conditions of the underlying insurance, ARC0L0367527 2 (1) in tfie event of reduction pay the excess of the reduced underlying limit; or (2) in the event of exhastion continue in force as underlying insurance. The Company's total limit of liability, in respect to (1) and (2) above only, shall not exceed the amount stated in Item 5 of the Declarations on account of all occurrences happening during each annual period commencing with the effective or anniversary date of the policy. The inclusion of more than one insured shall not operate to increase the ' Company's limit of liability in all arising out of one occurrence. 3. POLICY PERIOD - TERRITORY This policy applies only to "occurrences", as defined herein, during the policy period anywhere in the world. DEFINITIONS 1. NAMED INSURED ANO INSURED The words "Named Insured", wherever used in this policy, includes any subsidiary company of the Named Insured and any other company coming under the Named Insured's control of which it assumes active management. The unqualified word "Insured", wherever used in this policy, includes not only the Named Insured but also (A) any person, organization, trustee or estate to whom the Named Insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only in respect of operations by or on behalf of the Named Insured; (B) any partner, executive officer, director, stockholder or employee of the Named Insured, while acting his capacity as such 2. PERSONAL INJURIES The term "Personal Injuries" wherever used herein, shall include, not by way of limitation, the following; Bodily Injury, Mental injury. Mental Anguish, Shock, Sickness, Disease, Disability, False Arrest, False Imprisonment, Wrongful Eviction, Wrongful Detention, Malicious Prosecution, Discrimination, Humiliation, Invasion of right of privacy, Libel, Slander or Defamation of Character; also Piracy and any Infringement of Copyright or of property or contract rights committed or alleged to have been conmitted in the conduct or the Insured's promotional. Public relations and advertising activities. X ARC010367523 -3 - It is understood and agreed, however, that with respect to promotional public relation^and advertising activities this policy shall not apply to claims against the Insured; (1) for failure of performance of contract (but this shall not relate to claim for unauthorized appropriation of ideas based upon alleged breach of implied contract); (2) by advertising agents of the Insured; (3) for infringement of trade-mark or trade name by use thereof as the trade-mark or trade name on goods as advertised; (4) for incorrect discretion of any article or commodity; (5) for mistake in advertised price. 3. PROPERTY DAMAGE The term "Property Damage", wherever used herein, shall mean, direct or consequential, damage to, or destruction of, or loss of use of property. 4. OCCURRENCE The term "Occurrence", wherever used herein, shall mean an event, or continuous or repeated exposure to conditions, which unexpectedly or unintentionally causes injury, damage or destruction during the policy period. All such exposures to substantially the same general conditions existing at or emanating from each premises location during the policy period shall be deemed one occurrence. 5. ULTIHATE NET LOSS The term "Ultimate Net Loss" shall mean the total sum which the Insured, or any company as his insurer, becomes obligated to pay by reason of personal injury or property damage claims, either through adjudication or compromise, and all sums paid for expense, including premiums for attachment or appeal bonds, in respect to litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of employees and office expenses of the Named Insured or of any underlying insurer or any other expenses which are recoverable through any other valid and collectible insurance. 6. AUTOMOBILE The term "Automobile", wherever used herein, shall mean a land motor vehicle, trailer or semi-trailer. 7. AIRCRAFT The term "Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft designated to transport persons or property. m mi-t ARC010367529 -4- EXCLUSIONS This Pol icy shal l not apply except as covered in underlying insurance: (a) to personal injury or property damage caused intentionally by or at the direction of the Insured, excepting that this exclusion shall not apply to personal injury or death resulting from any act of the Insured alleged to be assault and battery, committed for the purpose of preventing or eliminating danger in the operation of aircraft; (b) to owned watercraft exceeding fifty (50) feet in length; (c) with respect to any aircraft while operated with the knowledge and consent of any executive officer or director of the Named Insured; (!) in violation of the Federal Airworthiness Certificate of said aircraft; (2) in violation of Federal Regulation for Civil Aviation applicable to: (1) night flying. (II) minimum safe altitudes, or (III) student instruction; (d) to claims made against the Insured: (1) for repairing or replacing any defective product or products manufactured, sold or supplied by the Insured or any defective part or parts thereof nor for the cost of such repair or replacement; (2) for the loss of use of any such defective product or products or part or parts thereof; (3) for improper or inadequate performance, design or specification of any product. (e) to any obligation for which the Insured as any carrier or his insurer may be held liable under any Workmen's Compensation, Unemployment Compensation or Disability Benefits law. (0 to loss of, destruction of, or damage to property owned by the Named Insured. M 21*3-1 ARC010367530 -5- CONDITIONS 1. PREMIUM COMPUTATION The premium stated in the declarations is an advance premium unless otherwise specified. Upon termination of this polity, the earned premium shall be computed in accordance with the rates and minimum premium applicable to this insurance as stated in the declarations. If the earned premium thus computed exceeds the advance premium paid, the Named Insured shall pay the excess to the Company; if less, the Company shall return to the Named Insured the unearned portion paid by such Insured* The Named Insured shall maintain records of the information necessary for premium computation on the basis stated in the declarations and shall send copies of such records to the Company at the end of the policy period or at such times during the policy period as the Company may direct. 2. INSPECTION AND AUDIT The Company shall be permitted at all reasonable times during the policy period to inspect the premises, plants, machinery and equipment used in connection with the Insured's business, trade or work, and to examine the Insured's books and records any time during the currency hereof and within three years after final settlement of all claims so far as the books and records relate to any payments made on account of occurrences covered by this Policy. 3. MAINTENANCE OF UNDERLYING INSURANCES It is warranted by the Named Insured that the Policy or Policies referred to in the attached "Schedule of Underlying Insurances", including renewals or replacements thereof not more restrictive, shall be maintained without alteration of terms or conditions in full effect during the currency of this policy except for any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of occurrences happening during the period of this policy. In the event there is no recovery available to the Insured as a result of insolvency of the underlying insurer or by reason of the Insured having breached the contract of underlying insurance, the coverage hereunder shall apply in excess of the limit of liability specified in the Schedule of Underlying Insurances. 4. CROSS LIABILITY In the event of claims being made by reason of personal injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, then this Pol icy shall cover such Insured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Insured hereunder. ARC01036 75 31 -6- In the event of claims being made by reason Of damage to property belonging to any Insured hereunder for which another Insured is, or may be, liable, then this policy shall cover such Insured against whom a claim is made or may be made in the same manner as if separate policies had been issued to eath Insured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement 2. 5. NOTICE OF OCCURRENCE Whenever the Insured has information from which the Insured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Insured should be held liable, is likely to involve this Policy notice shall be sent to the Company as soon as practicable, provided however, that failure to notify the Company of any occurrence which at the time of its happening, did not appear to involve this Policy, but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. 6. ASSISTANCE AND CO-OPERATION The Coopany shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Insured, but the Company shall have the right and shall be given the opportunity to associate with the Insured, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company, in which event the Insured and the Company shall co-operate in ail things in the defense of such claim, suit or proceeding. 7. APPEALS In the event the Insured or the Insured's underlying insurer(s) elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at its cost and expenses, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of the Company .for ultimate net loss exceed the amount set forth in Insuring Agreement 2 for any one occurrence and in addition the cost and expense of such appeal. 8. LOSS PAYABLE Liability under this policy with respect to any occurrence shall not attach unless and until the Insured, or the Insured's underlying Insurers, shall have paid the amount of underlying limits on account of such occurrence. The Insured shall make a definite claim for any loss for which the Company may be liable , , ... U. M 39SS-2 ARC010367532 7 under the policy within twelve (12) months after the Insured shall have paid art"amount of "ultimate net loss" in excess of the amount borne by the Insured or after the Insured's 1 iability shall have been fixed and rendered certain either by final judgment against the Insured after actual trial or by written agreement of the Insured, the Claiment, and the Company. If any subsequent payments shall be made by the insured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shal1 be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy. 9. OTHER INSURANCE If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered by this policy, other than underlying insurance and insurance that is in excess of the insurance afforded by this policy, this policy shall be in excess of and shall not contribute with such other insurance. 10. APPLICATION OF SALVAGES SUBROGATION All salvages, recoveries or payments recovered or received subsequent to a loss settlement under this insurance shall be applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Insured and the Company, provided always that nothing in this Policy shall be construed to mean that losses under this insurance are not recoverable unti1 the Insured's ultimate net loss has been finally ascertained. To the extent of payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization, subject to the rights of underlying Insurer, if any, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Named Insured shall do nothing after loss to prejudice such rights. 11. CHANGES Notice to or "knowledge possessed by any person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company's representative. I, I ARC010367533 8* 12. ASSIGNMENT Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; if, however, the Named Insured shall be adjudged bankrupt or insolvent, this policy shall cover the Named insured's legal representatives as Named Insured; provided that notice of cancellation addressed to the Insured named in the Declarations and mailed to the address shown in this policy shall be sufficient notice to effect cancellation of this policy. 13. CANCELLATION This policy may be cancelled by either of the parties by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Insured at the address shown in this policy shal1 be sufficient proof of notice and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice whether by the Insured or by the Company shall be equivalent to mailing. If the Company cancels, earned premium shall be computed pro rata. If the Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedures. Premium adjustment may be made at the time cancellation is effected and, if not then made, shal1 be made as soon as practicable after cancellation. The Company's check or the check of its representative mailed or delivered a$ aforesaid shall be sufficient tender of any refund of premium due to the Insured. (f this policy insures more than one Named Insured, cancellation may be effected by the first ol such Named Insureds for the account of all the Named Insureds; notice of cancellation by the Company to such first Named Insured shal1 be deemed to be notice to all Insureds and payment of any unearned premium to such first Named Insured shall be for the account of al1 interests therein. 14. BANKRUPTCY AMD INSOLVENCY In the event of"the bankruptcy or insolvency of the Insured or any entity comprising t* Insured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. IN WITNESS WHEREOF, the CONTINENTAL CASUALTY COMPANY has caused this pol icy to be signed by its President and Secretary at Chicago, Illinois and countersigned on the Declarations Page by a duly authorized Agent of the Company. ARC010367534 QogoooODo'OOoOOoOo2 oo o o o 2 OOOOOO So oo^ V* cc 5o z oo oo oo^ oo 0-0 oo iA-if W O) Q. 5 0 ,0 0 0 0 0 ,0 0 0 5 0 ,0 0 0 5 0 ,0 0 0 e '5 u gi O. 3 O o O o u > o o o ULJ<Q =*t > V-- L-- zo UJ UJ X UJ iA L_ u. UJ cc o o z UJ Uuil <1 >u 3 cn oJ O) La 33 u> 3 31 tA\ >.CJ* O -oo GO u La *0 4QOu).*3P" 0o GO 4ao). CL 4) -oo CO auo. lLA. (LAa p4a) Li < QX-l, > >(0 U La Si >o L u cn >U* 3 o : 3O U- Li O u *O3 (A OOu. GO JO. u O CD Zi u C3A LI *3 3 La U *(3A >O. 0 MQ- X! LI La 01 X 2 Q UJ IL < ax. o o >. LI >* LI >* ca -3 u X C LI .a z >u xi c "L3I <eoI JQ o> 3 o *3 Co 1 u Do 3 O' <> _I w uX ob LI u La > 3O < CO o z > o o 0. LA r*. Al r** ON <T\ o a: ARC010367535 * Ur premium ,s poyoble inonoual Installments use Form M3-b7) P=rtTh>, townctaTM ar? " for '*"'*' rf* ^ b,(ow, take effect on the dot. shown M,, M -EffKtlve Oo^ ot .ho hour noted o t s o k J poltcy and p.r concurrently -,th soid policy; but the some shall not be bind.ng upon the company unless counters,oned ty its authorized agent. Pr*nd*%i It is agreed that this policy excludes coverage for liability arising out of the operation of watercraft. POLICY NO. RD 9972475 Form M3461D ENDORSEMENT NO____.?...................- COMPANY Continental Casualty Co. ISSUED TO EFFECTIVE DATE The Anaconda Company, ....... ....... EtaH.......... 10/4/59 Countersigned by ............ ..... .................. crCENSED RESptftT AGENT '^ trinM in 0. S. A. ARC010367536 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Brood Form) It I* ogrted that the Insurant* affordedunder ony liability coverage of the policy or of any endorsement used therewith does not apply: (a) to Injury, sickness, disease, death or destruction with respect to which an insured under the policy is also on insured under a contract of nuclear energy liability insurance issued by the Nuclear Energy Liability Insurance Association or the Mutual Atomic Energy Liability Un derwriters and in effect ot the time of the occurrence resulting in such injury, sickness, disease, death or destruction; provided, such contract of nuclear energy liability insurance shall be deemed to be in effect at the time of such occurrence notwithstanding such contract has termi nated upon exhaustion of its limit of liability; (b) to the ownership, maintenance, operation or use of a nuclear facility by or on beholf of an insured, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy harord; provided that except for byproduct material, this paragraph (b) shall not ap ply ltd goods or product's manufactured or handled by a nuclear facility owned, maintained, operated or used by or on behoff of an insured while such1 goods or products are away from such facility after sale or distribution to others; (c) to the furnishing of services, materials, parts or equipment by an insured in connection with the planning, construction, maintenance, opera tion or use of any nuclear facility, 0) with respect to injury to or destruction of any nuclear facility or property thereat resulting from the nuclear ehdrgy hazard or (2) if the nuclear facility is located outside the United States of America, its territories or possessions, or Canado, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazord; (d) to the transportation, handling, use, sale, distribution or disposal of byproduct material, with respect ta injury, sickness, disease, death or destruction resulting from the nuclear energy hazard. As used in this endorsement: 1. The term "nuclear energy hazard" means the radiooctive, toxic, explosive or other hazardous properties of source materiol, speciol nuclear material or byproduct material. 2. The terms "source material/' "special nuclear materiol" and "byproduct material" shall have the meanings given them in the Atomic En ergy Act of 1954 or by any law omendatory thereof; provided, except for byproduct material <o) contained in or combined with special nuclear material or (b) held, stored, transported or disposed of as waste by or on behalf of a nuclear facility, "byproduct materiol" shall not include any radioactive isotope oway from a nuclear facility. 3. The term "nuclear facility" means: (o) ony apparatus designed or used to sustoin nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; (b) ony equipment or device (i) designed or used for the separation of the isotopes of uranium or plutonium, (ii) designed or used for the processing, fabricating or alloying of special nuclear material or of irradiated materials containing special nuclear materiel, (i> incorpo rating or making use of such irradiated materials, or (lv) designed or used for processing waste byproduct material; fc) ony structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste source material or waste consisting of or containing speciol nueleor material or byproduct material; and includes the site on which any of the foregoing is located, together with oil operations conducted thereon ond all premises used for such operations. by ony person or organization at a location which contains no equipment, device or apparatus otherwise defined herein os a nudecr factory, where speciof nuclear or byproduct material is not regularly handled, stored, or disposed of as waste, and which is principally used for other operations not reloted to the handling, fabricating or use of special nuclear materiol. 4. With respect to injury to or destruction of property, the word "injury" or "destruction" includes ail forms of radioactive contamination of property. EFFECTIVE DATE OF THI5 ENDORSEMENT ENDORSEMENT NO, October 4, 1959 3 This endorsement forms a port of and is for attachment to the following described policy, takes effect on the dote shown above at the hour stated in said policy and expires concurrently with said policy: POLICY NO. COMPANY ISSUED TO POLICY EFFECTIVE DATE RD 9972475 Continental Casualty Co. The Anaconda Company, Cf al 10/4/59 MSI91 (2-1-56) fcRC0L0367537 mnwt TtiWf~i -1------ ***** 'Hf( ? Tbi endorMT>nl form# a pert of end t* for ettachmont to th policy dooenbod tU?w, take* effect on the date ehowm bokrw at "Effective Date" at the hour stated in aakf policy end expiree ooneummtfy with aeid policy; but the seme shall not be binding upon the company unleaa countersigned - by its authorized agent. *or V In consideration of the premia* charged, it is agreed that the following amendments are Bade to the policy: Definition 5, Ultimate Net Loss, is completed to read as follows (after the final word, "insurance"): "Other than insurance specifically in .excess hereof." Insuring Agreement 2, Limit of Liability, Section (B) is rewritten as follows: 125,000. ultimate net loss in respect of each occurrence not covered by said underlying insurance (thereinafter called the "underlying limits") and then only up to an amount not exceeding the Company's limit of liability, stated in Item 5 of the Declarations, as the result of any one occurrence. There is no limit to the number of occurrences for liiieh claims may be made hereunder, except as hereinafter provided. In the event of a reduction or exhaustion of the aggregate Limits of Liability under said underlying insurance by reason of losses paid thereunder and which happened during the ter* of this Policy, this Policy shall, subject to the terms and conditions of the underlying insurance," Item #10 - Subrogation. In the event of any payment under this Policy, the company shall be subrogated to the extent of such payment, to all the Insured'e rights of recovery therefor and the Insured shall execute all papers required and shall do everything that may be necessary to secure each rights, but the Company shall have no rights of subrogation against any owned or controlled subsidiary or affiliated companies of the named insured. The Company will act in concert with all other interests concerned (including the Insured) in the exercise of such rights of recovery. If any amomrt ie recovered as a result of such proceedings such amount shall be apportioned as follows: First, any interest (including the Insured) that shall have paid an amount over and above any payment, made under this policy shall be reimbursed up to the amount paid by auch iaterert; second, the Co^any shall be reimbursed out of the balance them remaining, up 10 the amount paid under this Policy; third, the Insured id entitled to the residue. The expense of all proceedings necessary to the recovery ef any such amount shall be apportioned between the Interests concerned (including the Insured) in the ration of their respective recoveries as finally settled. If there should be no recovery in proceedings instituted solely on the initiative of the Company, the expenses thereof shall be borne by the Coopany. ENDORSEMENT NO.... k- POLICY NO. COMPANY ISSUED TO EFFECTIVE DATE BD 9972lt73...... ^WPltr Company nyo jr U/30/60 / dorm M346IO Anaconda^....... .............lQ/k/53....... Countersigned by___ Prlnted~lfl 0. S. A. AKCOI0367538 ** xwMium 4 peyacne in ifintMi > Thit endorsement forms a part of and is for attachment to the policy described below, takes effect on the date shown below as -'Effective Date" at the hour stated in said policy and expire* concurrently with *aid policy; but the same snail not be binding upon the company unless countersigned by its authorized agent 3*My V) Johnson S- Higgins #00208 in consideration of the premium charged, it is agreed that the Schedule of Underlying insurance is amended as followst Coverage Cotip any Limit Employers Liability and Liability unde r Federal Employers Liability Act Lloyds and Combined Companies $1,000,000.00 excess $25,000.00 except with respect to Butte Anaconda and Pacific Railway and Toolle Valley Railway where excess $35,000.00 POLICY NO. RD 9972475 COMPANY Continental Casualty Co. ENDORSEMENT NO............ 5 .......... ISSUED TO EFFECTIVE DATE The Anaconda Company, Etal. 10/4/6.0... 11/2/60 TAS Form M34/o NY0 Countersigned b'y........ ....... 7L7ICAE^NiVSEpD"RorEeS;iIrDteE,'ANiTV"AirG'CEAN/Tr Primed mu S A. ARC010367539 HfcVIELW SHEET* SEARCHER REVIEW a/x?PrrwlGgoQ CcnftiontiaJ ., t i _ Ana/nty Work Proauct _______ n am&'QATE: c-NllC^ CASE SOX NUMBER- .....i ^Of DOC. DATE- OUIZI ] INACTIVE BOX INFORMATION ' RECORD CENTER: - . ACTIVE BOX INFORMATION DEPT- k mSu R-ApJOE SITE CODE: H: crwEnt P a- POSSESSOR: R- M.G.R.RJ t-U SIGNIFICANT- 0YES MASK.- Qy ES PRIVILEGE: Oy ES no Sn o no j DEPT. BOX I LOCATION #: BPfcnN- A/l \/ BLDG/ROOM: M ^ /cer-rrKAu FiiSi ! CAB/DRAWER: Co TV3. ( X =-? ^-- J ^ ph p Tin Pr.OMMFNTR / ^ OXFORD >L Pc.M.bAFL-eX am2'+i$ MpL, ------------- -- ( ' SPECIFICATIONS A. c o r p o r a t e ; h is t o r y a n o ORGANIZATION 1. InoorporMon documenta 2. Annual report! 3. Corpora*! rnniM 4. Financial near*, audta. SEC ding* 5. Oocumanta deecn&ng oorporate hiatocy 6. Merger and aoquieidon document! 7 Organizational chart! A. Oapartment daacnpttona 9 Kay job daecnpoona 10. Odoiinant ratanddn'dMtructlon poikdaa 11. Corpora* Waphooa and addaaabooka j 12. Stadanery axamprara 13. Location of reeordKeontant or reoorde storage faalKfaa 14. Souroee/atanmanee of information 'StNSURANCE COVERAGE JT) Pgof of insuranoa fa/Policiae 0. l/ndarwrrtlng metadata (inducing appteatlona) c. Premium! d. Policy Kata and deecnpdona of covrrage 2. Policy mtorpretadon a. expeceadlntorvded clause 0. Occurrence or accidant dauaa 0. SuddarVaocadantaf common tdjicCni d. Waite matanale axduaiona a. Other obdudon orcontamnadon axduaona. f. Oedjctlbiee g. Serf-insured retentions ('SIR'S') h. Exhaustion of limcta of labddyAitog A9SH9M* t. Number of occurraneaa j. Trigger of coverage k. Owned proparty axduaon 1. Outy to defend m. Duty to tndamncty 3. Capdvee 4 ftacnauranoa 5. Insurance and nsk management department admniacattva matanala 6. Claims Handing By carriara a. Nodoa. tandar of defense, raaponaaa 0. Settlements and judgmena and daimi paid or denied try tnaurart c. Loaa runa d. Inaurar raaarvaa a. Third-party daana hancAad SSIS) 7. Inaurar knowledge of: a Operadonj and fadWaa b. Sita or workplace oondWona c. Rieka and hazards at tries d. Hazardoua audatanoaa at ailaa a. Cltimt agamatARCOfoMr Sian formal claim He) 3. Envronmantal momtoeing, ioaa prevandon setvieee by ineurere 9. Risk anafyaaa. ctaani hiatonaa 10. Broken: eommuraeattona, nformadon. servicae 11. Oats prgvldad to ARCO lawyara and accountant* ra nauranoa or dam C. ARCO KNOWLEDGE RE RICKS 1. Uniona and employee organtzalona 2 Udtoymg and la^aiatna taabmony 3. ARCO juaameni re bperadona. naafth or environmental naka, hezardxie audatanoaa. waaaaa 4. Government agdnaaa: oocraapondanea. napacdona 5. Noo-wgadon dakrta, comptanta. or inqurlaa from bard pardaa 4. ARCO raaaarefl re affaeta of hazardoua audatancaa on health or environment 7. Indualry organization data ra affaeta of hazardous audatanoaa on health or environment 8. Pubic information document*, warnings 9. Third party or publiefy xvadadia infsttnadon 7: Acgintdon at hazardous substances 8. Handng, and sfvpment of hazardoua 3U&*tmOM 9. Propartlaa of ohamicata. minerals. and hazardoua substanesa used, ralinad. msnufeeOjred, or stored on ala 10. Propartlaa of hazardoua wastes and by products garwratad during operations 11. Properdst of hazardous matanala deposed onsets 12. ARCO on-ads disposal faalidee 13. Hazardoua wastes sent to Iherd party sitae 14. Oamaga to healti. properly, or natural reeourcaa from oparadona 15. Effect* an amployaa haaflh. medudng werkara' compensation claims 16. Effects of specific releases on health, environment natural reeourcaa IT. tnddant reports, normal recesses, unplanned events IS. ARCO response to release of hazaroous substances 19. TNfd party responses to release oI hazardous 20. Compdanos. enforcement proceedings 21. Environmental audta 22. Environment* impact Statements E. CURRENT CLAIMS. LITIGATION. ANO OAMAGU 1. Oooatiento re underlying actions 2 Indsmnity ciams 3. ARCO expencrbjree for litfgation. defense deanto. sefbemenl |udgmant 4. Projections of futuis cotta 5. Economic impact on ARCO ol release of hazardous substanoee 8. Payment! by third partae for cleanup 0. OPERATION ANO FACUTKC t. Real eatala documanta 2 Parmiti and Iteanses 3. ARCO products 4. Oparadona manuals and daacifpdont 5 Poludon cenffoi procedures and equpment 8. Procedtxee ter handing hazardoua matanala r. AOMMSTRATWE PROCESSING l. Rtetotder Z Mtefded a LEAD i. Lead In Paint 2.lead ATTORNEY REV1EW/QC PRODUCE: PRIVILEGED: YES YES AWP o t her NO NO ACP NAME/DATE: k SYSTEM ' COMMENTS: .. f-Mi].4>--j ? { - C...CL- "O PROTECTIVE ORDER: y e s no JOINT DEFENSE AGREEMENT: yes NO SIGNIFICANT MASK: yes NO SEE CPF NO OOCUMENT PROCESSING l\ PRIORITY DONE OTW0 QTHREE CFOUH FIVE/NONE COMPUTERIZATION- HEAVY KEYWORD LIGHT KEYWORD DSULX DUPOATE REVIEW SHEET NUMBER: PRODUCTION NUM8ER RANGE: TO a#Yt*d