Document Xzj1pz3Q15nvrgoqGzOavLgKd

N A MED I N S JJRE D Item 1. of the Declarations, Named Insured, shall read as follows: RPM, Inc. Bondex International (Canada) Ltd. Bondex International, Inc. Mohawk Finishing Products (Canada) Ltd Mohawk Finishing Products, Inc. Mac-O-Lac Paints, Inc. Briggs Brothers Paint Manufacturing Co F.O. Pierce Company Republic Powdered MetaI5, Inc. Floquil-Polly S Color Corporation Gates Engineering Company, Inc. Proko Industries, Inc. Richard E. Thibaut, Inc. Alox Corporation Westgate Advertising, Inc. RPM International, Inc. Tropical Paint Company RPM of New Jersey AGR Company - a joint venture Republic D & B, Inc. The Dean & Barry Company Dean & Barry Sales, Inc. B A & Paint Co. Colonial Paint Co. Medina Paint Co. PLAINTIFF'S EXHIBIT This endorsement when attached to it forms part of the policy. All other terms and conditions remain unchanged. POLICY NUMBER: INSURED: END. i EFFECTIVE: COMPANY: PRODUCER: ' PREMIUM: S ___________ % Federal Tax $ ___________ % State Tax ___________ % Stamping Fee S $ TOTAL $ $ * $ 900-A 7/79 By: Date: Office: -< t -~~-l J.une 22 1982 Cleveland. Ohio A. BON - 02958 Parkersburg Paint Co. Piqua Paint Co. Sandusky Paint Co. Sidney Paint Co. The Dean & Barry Wallpaper Co., DBA Thibaut of Ohio Urbana Paint Co. Ziegler's Paint Co. Marion Paint Co. Lexington Paint & Varnish Corporation (inactive) Dutch Masters Paint & Chemical, Inc. (inactive) Lee Forbes & Company, Inc. (inactive) RPM Consumer Products (inactive) H. Behlen & Brothers, Inc. (inactive) Probond, Inc. (inactive) Alox International Sales Corporation Design/Craft Fabric Corporation RPOW, Inc. Mameco Europe, S.A. RPM of Mass., Inc. Haartz-Mason Incorporated Cal-0-Cam, Inc. This endorsement when attached to it forms part of the policy. All other terms and conditions remain unchanged. POLICY NUMBER: INSURED: END. Cont. 1 EFFECTIVE: COMPANY: PRODUCER: 900-A 7/79 PREMIUM: '_______ % Federal Tax _% State Tax % Stamping Fee TOTAL S S $ $ $ $ $ $ By: Date: Office: June 2-2-,--1-9-82-- Cleveland-, -Ohixr BON - 02959 I 59271k * 175 1 U/16/8U It NEW r EXCESS INSURANCE POLICY International Surplus Lines Insurance Company CHICAGO, ILLINOIS INCORPORATED 1971 DECLARATIONS ' POLICY NUMBER XSI__ 9109 ITEM 1: NAMED INSURED: RPM INC. ETAL ITEM 2: P. 0. BOX 777 STREET LOCATION MEDINA. CITY OHIO.... jfj*2.58. STATE POLICY PERIOD: FROM I__ l_L _akJ TO 1...12 1___ 1___1__Qjj_J EFFECTIVE DATE 12:01 A.M. STANOARO TIME AT THE AOORESS OF THE NAMED INSURED AS STATED HEREIN ITEM 3: ITEM 4: PREMIUM: TOTAL S 8iL71 irr-fltTI OTTflRfflg ADJUSTABLE AT A RATE OF UNDERLYING INSURANCE: IN AOVANCE 1ST ANNIVERSARY THE INSURANCE CCUPANY IN WHICH OOv4*AQE IS PLACED 13 AiJTH.Of:iZEC ' T~^. .? t BUSINESS IN T"C *-_ 4ar.itZL>anX~S-:^* rty COMPANY a3SUF.EC tCC.-'--1 :S NOT A LCENS: N That state 2ND ANNIVERSARY ' AND THE PTEVL'M THERE: "mjJT St ".TOPERLT DECLARED A5 5-Ji*i_'^~i_:NS P'SK T0 Twr insUR6.-- err ntTA-onn DEARTliENT OF THE STATE. **0-\ xrk--FLAT-CHARGE----------------- fttnos must be ma.de and sur.-'-. USES TAXES PAID BY A SURPLUS LIN BROKER IN THE STATE. $10,000,000. EACH OCCURRENCE AND AGGREGATE UMBRELLA LIABILITY PER THE GIBRALTAR POLICY NO. GMU 00120 EXCESS OF UNDERLYING POLICY. FORMS ON FILE WITH THE COMPANY. ITEM 5: LIMIT(S) OF COVERAGE HEREUNDER: $15,000,000. EACH OCCURRENCE AND AGGREGATE (WHERE APPLICABLE) EXCESS OF THE LIMITS STATED IN ITEM #k ABOVE. ITEM 6: FORMS ATTACHED: ENDT #1 CANCELLATION: 60 DAYS. DATE:----------APRIL l6.,_198lu. UT ISLIC 39 (Rev. 6/77) COUNTERSIGNED BY jJ[ /{ AUTHORIZED SIGNATURE BON - 02960 INTERNATIONAL SURPLUS LINES INSURANCE COMPANY CHICAGO. ILLINOIS (A stock insurance company, herein called the company), ees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and m reliance upon the tements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy: PART I - INSURING AGREEMENTS Excess Liability Indemnity To indemnify the insured for the amount of loss which is in ex cess of the applicable limits of liability of the underlying insurance described in item 4 of the declarations; provided further that the limit of the company's liability under this policy shall not exceed the applic able amount described in item 5 of the declarations. The provisions of the immediate underlying policy are incorporated as a part of this policy except for any obligation to investigate and de fend and pay for costs and expenses incident to the same, the amount of the limits of liability, any "other insurance" provision and any other provisions therein which are inconsistent with the provisions of this policy. 2. Policy Period: Termination of Underlying Insurance This policy applies to loss taking place during this policy period. If the immediate underlying policy is canceled, this policy like wise is canceled effective on the same date at the same time and with out notice to the insureds. If the immediate underlying policy other wise ceases to apply (for reasons other than the exhaustion of an aggregate limit of liability), this policy likewise ceases to apply to the same extent on the same date at the same time and without notice to the insureds. PART II - DEFINITIONS . Immediate Underlying Policy "Immediate underlying policy" means the policy of the underlying insurance which provides the layer of coverage, whether primary or excess, immediately preceding the layer of coverage provided by this policy. this policy. "Loss" does not include investigation, adjustment, defense or appeal costs and expenses nor costs and expenses incident to any of the same, notwithstanding that the underlying insurance may provide insurance for such costs and expenses. Loss 3. Underlying Insurance "Loss" means the sums paid as damages in settlement of a claim or in satisfaction of a judgment for which the insured is legally liable, after making deductions for all recoveries, salvages and other insur ances (whether recoverable or not) other than the underlying insur ance and excess insurance purchased specifically to be in excess of "Underlying'insurance'' means the insurance policies described in item 4 in the declarations and includes any renewal or replacement of such policies. PART Hi PROVISIONS GOVERNING THE APPLICATION OF THE AGGREGATE LIMITS OF LIABILITY 1. Reduction of the Aggregate 2. Application of the Aggregate to Periods of Time This provision applies only if this policy contains an aggregate limit of liability which applies to the occurrence. ' If the limit of liability of the underlying insurance is less than as stated in item 4 in the declarations because the aggregate limits of liability of the underlying insurance have been reduced, this policy becomes excess of such reduced Hmit of liability if such reduction is solely the result of iniury or destruction occurring after the inception date of this policy and not before. Nothing contained herein shall operate to increase the limit of the company's liability. The aggregate limits of liability of this policy apply separately to each aggregate period. The first aggregate period of this policy begins on the effective date of this policy and ends on the next termination date of the aggregate period of the immediate underlying policy. Any succeeding aggregate period of this policy is concurrent with the aggregate period of the immediate underlying policy unless it is the final aggregate period. The final aggregate period of this policy begins on the termination date of the aggregate period of the immediate underlying poiicy immediately preceding the expiration date of this policy and ends on the expiration date or this policy. PART IV - NUCLEAR ENERGY LIABILITY EXCLUSION The following exclusion applies in addition to those stated as applicable BON - 02961 in the Primary Insurance. This policy does not apply: As used in this exclusion: "hazardous properties" include radioactive, toxic or explosive pro- 1. Under any Liability Coverage, to injury, sickness, disease, death or -perties: destruction "nuclear material" means source material, special nuclear material (a) with respect to which an insured under the policy is also an in or by-products material: sured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Can ada. or would be an insured under any such policy but for its ter mination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with resoect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954. or any law amendatory thereof, or (2) 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 "source material." "special nuclear material," and "byproduct ma terial" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof: "spent fueT means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear re actor: "waste" means any waste material (1) containing byproduct mater ial and (2) resulting from the operation by any person or organiza tion of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means any agency thereof, with any person or organization. (a) any nuclear reactor. 2. Under any Medical Expense Coverage, to expenses incurred with res pect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or organization. 3. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear mater ial. if (a) the nuclear material !1) >s at any nuclear facility owned by, or operated by or on Oenalf of. an insured or (2) has been discharged or disoersed therefrom: -----------. ,, coo, <,_p| or waste at any (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium. (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating > alloying of special nuclear material if at arty time the total amo' of such material in the custody of the insured atthe premises wtsuch equipment or device is located consists of or contains than 25 grams of plutonium or uranium 233 or any combr thereof, or more than 250 grams of uranium 235. (d) any structure, basin, excavation, premises or place prer used for the storage or disposal of waste, und includes the site on which any of the foregoing is ta. ** - all rom>^pc lurmsning Dy an insureo 0* services, materials. Darts cr eouipment m connection witn the planning, construction, maintenance, opera tion 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 (c) applies only to in|ury to or destruc tion of property at such nuclear facility. nuciear fission in a self-suooonmg cnam reaction or to contain a critical mass of fissionable material; With respect to miury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. PART V - CONDITIONS 1. Underlying Insurance -- Changes During this Policy Period Any change in coverage or premium in the underlying insurance shall be promptly reported to the company and the insured shall, upon request furnish the company with copies of such changes. Any change in the premium for the underlying insurance shall be promptly reported to the company and the premium for this policy, subjectto the minimum premium, may be adjusted in accordance with the manuals of the company then in effect. 2. Notice of Loss; Participation in Defense by the Company Notice of an occurrence which appears likely to involve this policy shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. The company at its own option may. but is not required to, participate in the investigation, settlement or defense of any claim or suit against the insured.- 3. Action Against Company --- No action shall lie against the company unless, as a condition pre cedent thereto, the insured shall have fully complied with all the terms of this policy. Any person or organization or the legal representative thereof who has secured a judgmentagainst the insured shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the company as a co-defendant in any action against the insured to determine the insured's liability. Any pay ments by the company under this condition 3 shall discharge the com pany's obligation to the insured to the extent of such payments. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 4. Subrogation and Other Recoveries In the event of any payment under this policy, the'company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after the occurrence to pre judice such rights. Because this policy affords excess coverage, the insured's right of recovery cannot always be exclusively.subrogated to the company. It is, therefore, agreed that the company shall act in concert with all other interests concerned, includingthe insured, in the enforcement of any subrogation rights or in the recovery of amounts by any other means. The apportioning of any amounts so recovered shall follow in the principle that any interest including the insured, that shall have paid an amount over and above any payment under this policy shall first be reimbursed up to the amount paid by such interest the com pany shall then be reimbursed out of any balance then remaining up to the amounts paid as the result of less covered under this policy; and lastly, the interests, including the insured, of whom this coverage is in excess are entitled to claim any residue remaining. Expenses and costs necessary to the recovery of any such amounts shall be apportioned between the interests concerned, including the insured, in the ratio of their respective recoveries or, in the event of a totally unsuccessful attempt to recover, in the ratio of the respective amounts sought to be recovered. 5. Other Insurance This condition does not apply with respect to the underlying in surance or excess insurance purchased specifically to be in excess of this policy. if, with respect to a loss covered hereunder, the insured has other insurance, whether on a primary, excess or contingent basis, there shall be no insurance afforded hereunder as respects such loss: pro vided, that if the applicable limit of liability of this policy is greater than the applicable limit of liability provided by the other insurance, this policy shall afford excess insurance over and above such other in surance in an amount sufficient to give the insured, as respects the layer of coverage afforded by this policy, a total limit of liability equal to the applicable limit of liability afforded by this policy. 6. Cancellation This policy may be canceled by the named insured by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be canceled by the company by mailing to the named insured at the address shown in the declara tions written notice stating when not less than ten days thereafter, or the number of days set forth in Item 6 of the Declarations, such can cellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shati be equivalent to mailing. ff the named insured cancels, earned premium or minimum pre mium, whichever is greater, shall be computed in accordance with the customaiy short rate table and procedure, if the company cancels, earned premium or minimum premium, whichever is greater, shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancella tion becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 7. First Named Insured The insured first named in item 1 in the declarations is authorized to act on behalf of all named insureds and other insureds with res pect to the giving and receiving of notice of cancellation and to receiv ing any return premium that may become payable under this policy. The insured first named in item 1 in the declarations is responsible for the payment of all premiums but the other named insureds jointly and severally agree to make such premium payments in full if the in sured first named in item 1 fails to pay the amount due within thirty days after the company gives a written demand for payment to the insured first named in item 1. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary, but this policy shall not be valid unless countersigned on the declarations page by a duly authorized representative of the company. BON - 02962 policy No by ENDORSEMENT 1 This endorim*nt, ffctiv XSI 9109 im*dto MARCH 1, 198^ RPM INC. ETAL INTERNATIONAL SURPLUS LINES INSURANCE COMPANY V13/8& ljt forms part of FOLLOWING FORM ENDORSEMENT THIS POLICY IS WARRANTED TO THE EXACT TERMS AND CONDITIONS AS THE GIBRALTAR POLICY #GMU 00120 POLICY EXCEPT WITH RESPECT TO LIMIT OF LIABILITY AND PREMIUM; AND .ALL PREPRINTED TERMS AND CONDITIONS HEREON ARE DELETED TO THE EXTENT THAT THEY VARY FROM OR ARE- INCONSISTENT WITH THE TERMS AND CONDITIONS OF THE GIBRALTAR POLICY. ISLIC #11 (1/72) Authoriftd fUorcttntttiv* BON - 02963 SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the International Surplus Lines Insurance Company (herein called the Company) to pay any amount claimed to be due hereunder, the Company, at the request of the Insured (or reinsured), will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon Vice President-Claims international Surplus Lines Insurance Company 100th Floor -- Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 and that in any suit instituted against any one of them upon this contract, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the Company in any such suit and/or upon the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that they will enter a general appearance upon the Company's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes pro vision therefore, the Company hereby designates the Superintendent, Commissioner or Director of In surance or other officer specified for that purpose in the statute or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or pro ceeding instituted by or on behalf of the insured (or reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. ISLIC37 (2/81) BON - 02964 ENDORSEMENT #2 policy No XSI This endor**mnt, tfftctiva SEPTEMBER 1, 198^- 9109 iuud to RPM INC. ,ETAL by INTERNATIONAL SURPLUS LINES INSURANCE CO. 9-11-8 tales form* a part ol IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $7^7.00, IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING IS ADDED AS AN ADDITIONAL NAMED INSURED: TALSOL CORPORATION i he insurance company in wh^ch this CCVE.-;,,E IS 3?p*s-*; --Tr-:' sV-.-.^RED IS -CCATED T'-_ - vr.-oi A LICENSED C.`<I" ; "; - ' ':-- "eeclaMHWa state'^proper filings MUST HE Mf.Dc -Tjopiua^UNS5 LINES TAXES r^.L* S7 SURPLUS UNqp broker IN the SEATE. IStIC 11 (1/72) ................... * Authorized Reor*tfnttiy BON - 02965 INTEGRITY INSURANCE COMPANY PARAMUS, NEW JERSEY COMMERCIAL CATASTROPHE LIABILITY POLICY PART 1. Policy Number ISX 11797 8 DECLARATIONS Previous Policy No------ ?SX New This page with "Policy Provisions -- Part 2" Form ISX-1000 completes this numbered Commercial Catastrophe Liability Policy. ITEM 1. ___________PPM, Inc.__________________________________ NAMED INSURED ___________P.O. Box 777/ Medina., Ohio, 44258 AOORESS Named Insured is_____ Partnership... x_Corporation-------- Joint Venture Other ITEM 2. Policy Period: From 12/31^84--jo--^2/31/85------12:01 A.M. Standard Time at the address in Item 1. ITEM 3. Limits of Liability: (a) Each Occurrence -----------------------------(b) Annual Aggregate (where applicable) (c) Retained Limit ---------------------------------- ITEM 4. Premium: Rate Per $ $55,000.00 Flat Charge Jn Advance $ $5/000,000 $5,0QQ,.QQQ. $1OyQOQ^oq 1st Anniversary S 2nd Anniversary $ _______________ IN WITNESS WHEREOF the Integrity Insurance Company has caused this policy to be signed by its Preside and Secretary, but same shall not be binding upon the Company unless countersigned by an authorized represen Countersigned February 12,-------------- 19____85_ at By tSX-1000 19/771 Morristown, New Jersey 07960 A.-- ____________ lAutnor.zea Representative: Approved by BON - 02966 r Vt -06-lOSC INTEGRITY INSURANCE COMPANY PARAMUS, NEW JERSEY SCHEDULE OF UNDERLYING INSURANCE ve Date of . . Attached to and forming hedule12/31/84_______________________________ part of Policy Number ......ISX 117978 fQ REM, Inc._________________ _____________________________ ;______________________________ carrier. policy number ANO TERM _______ Argonaut Insurance Cacapany TYPE OP COVERAGE Workmen's Compensation & Emplpyers' Liability APPLICABLE LIMITS Coverage B -- Employers' Liability $ 100,000 --one accident United States Fidelity & Guaranty Catpany Comprehensive General Liability Bodily Injury Liability & property Damage - $ 1,000,000 --each occurrence $ 1,000,000 --aggregate (where applicable) Property Damage Liability $ --each occurrence , $ --aggregate United States Fidelity & Guaranty Company Comprehensive Automobile Liability d) Federal Insurance Carpany Employee Benefits (e) Great Northern Insurance Company Foreign Liability ITEM (b) INCLUDES THE FOLLOWING COVERAGES: ~~ Products/completed operations Liability Employees as Insureds Blanket Contractual Liability Personal Injury A, B & C Liquor Legal Liability Bodily Injury Liability & Property Damage $ --each person $ 1,000,000 --each occurrence Property Damage Liability $ --each occurrence $ 1,000,000 CSL $ 1,000,000 CSL Yes No x x x x x Approved by BON - 02967 FMOS-3176 INTEGRITY INSURANCE COMPANY PARAMUS, NEW JERSEY ERISA, SEC AND D&O LIABILITY EXCLUSION ENDORSEMENT In consideration of the premium charged and notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that such coverage as is afforded by this policy shaii not apply to any claim or claims based upon the pro visions of the: 1. Employee Retirement Income Security Act of 1974(ERISA), Public Law93-406; commonly referred to as the Pension Reform Act of 1974. 2. Securities Act of 1933 or the Securities Exchange Act of 1934; and any amendments thereto; or the provisions of any similar Federal, State or Local Statute, or Common Law. It is further agreed that this policy shall not apply to any claim or claims which .would be payable under the provisions of a Directors and Officers Liability policy, regardless of whether the insured has such a policy in effect Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement becomes effective.,, made a part of Policy No. ISX 117978___________ .issued to. REM, 'Inc." _to be attached to and hereb\ Endorsement No_________________________ Date of issue February 12, 1985 Authorized Representative 1IC-ERISA FM 06- SON - 02968 U'l 1 CVjKI 1 I U'liUK.-il'Il-C UVJ.Vlt'.AiN t PARaMUS. new jersey It is agreed that only such of the following Exclusion(s) opposite which an "X" has been placed shall apply to the insurance afforded under the policy to which this endorsement is attached: (2 This policy shall not apply to property damage to personal property of others, in the care, custody or control of the Insured. Q This policy shall not apply to personal injuries or property damage arising out of the discharge, dispersal, release or escape of smoke vapors, soot, fumes, acids, alkalis, toxic chemicals, oil or other petroleum sub stance or derivative (including any oil refuse or oil mixed with wastes), liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. 0 Item B, in Section II of the Exclusions is deleted. Section I of the Exclusions is amended to include the fol lowing additional exclusion: (F) To the ownership, maintenance, operation, use, loading or unloading of any aircraft. 0 This policy shall-not apply except with respect to-the conduct of a business of which the Named Insured is the sole proprietor. 0 This policy shall not apply to property damage to real property occupied by, rented to, or used by any Insured. 0 This policy shall not apply to personal injuries, property damage or advertising liability arising out of the utterance or dissemination of material of any nature transmitted through broadcasting or telecasting facil ities in the conduct of the broadcasting, telecasting or advertising business of the Insured. 0 This policy shall not apply to personal injuries, property damage or advertising liability arising out of the utterance or dissemination of any printed or published material in the conduct of the publishing or adver tising business of the insured. 0 This policy shall not apply with respect to any operation described below, to any claims madeagainst the insured arising out of any act, error, omission, or mistake committed or alleged to have been committed by or on behalf of the insured in rendering or failing to render service or advice of a professional nature. Description of Operations: Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsement become effective. 12/31/84 of Policy No 117978 ;isccs,ued to RSM, Xnc.~ ,to be attached to and hereby made a part Endorsement No. A________________ Date of Issue February 12, 1985 ISX-3 (9-77) Authorized Representative BON - 02969 FM06-3178 PARAML'S, NEW JERSEY FOLLOW FORM F0REIC2J It is hereby agreed that this policy shall not apply to any liab ility imposed upon the insured outside of the continental United States of America, unless such liability is covered by valid and collectible Underlying Insurance as listed in the Schedule of Underlying Insurance for the full limit shown therein, and then only for such hazards for which coverage is afforded under said Underlying Insurance- Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, reDresentations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective______ 12/31/84 of Policy Nn. ISX 117978 issued to RPM, Inc .to be attached to and hereby made a par Endorsement No.____ 3 Date of Issue February 12, 1985 ISX-9 (9-77) Authorized Representative BON - 02970 FM06-316 Lrrt-oimY lnsurancl uu.vt^AiN t paramus, new jersey It is hereby understood and agreed that this policy shall not apply to any liability arising from asbestos. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective 12/T1/R4to be attached to and hereby made a part of Policy No. ISX 117978issued to____________RFM^-Trc-.----------------- ----------------------------------------------- --------- ---------- Endorsement No________ 4_____________ Date of Issue February 12. 1985 ISX-9 (9-77) _ _-- By. Authorized Representative BON -02971 PM06-3166 INTEGRITY INSURANCE CUMr.^ , paramus, new jersey SPECIAL CHIP LIMTIATICN ENDORSEMENT It is agreed that coverage afforded by this policy shall not apply to any claim by an employee arising during any period in which the insured is subject to the Workmen's Compensation laws of Ohio and is neither a qualified self insurer nor a member or subscriber in good standing in the State fund. It is further agreed that coverage shall not apply for any claim with respect to which the insured is deprived of any defense because of default in premium payment or other failure to coiply with the Workmen's Compensation laws of Ohio. Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective 12/31/84to be attached to and hereby made a part of Policy Nn ISX 117978issued tn REM, Inc.____________________ Endorsement No. 5 ------------------ Date of Issue February 12 , 1985 ISX-9 (9-77) Authorized Representative SON - 02Q72 FM06-3166 INTEGRITY INSURANCE COMPANY PARAMfS, new jersey In con&tdeAjation o& the. piemum ehcuigzd, it U> hereby undeJUtood and agreed, Itejn #2, Poticy PenXod oi the. dejdLaJwXijorUi ij> amendzd to stead ai> loJLLom- 12-1-84 to 12-1-85 Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, reoresentations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective 12-1-84to be attached to and hereby made a part of Policy Nn I-SX 117 978 issued tn PPM, INC. ___ Endorsement No.__________ _________________ Date of Issue__________ 5-9-85____________ gtg ISX-9 (9-77) BON - 02973 FM06-316C INTEGRITY INSURANCE COMPANY PARAML'S, NEW JERSEY IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED ITEM n, NAMED INSURED, OF THE DECLARATIONS IS AMENDED TO READ: RPM, INC. AGR COMPANY, A JOINT VENTURE ALOX CORPORATION BONDEX INTERNATIONAL, INC. BONDEX INTERNATIONAL (CANADA), LTD. CAL-O-CAM, INC. COLONIAL PAINT COMPANY DEAN & BARRY COMPANY DEAN & BARRY SALES, INC. DESIGN/CRAFT FABRIC CORPORATION FLOQUIL-POLY S COLOR CORPORATION EUCLID CHEMICAL COMPANY __ GATES ENGINEERING COMPANY, INC. HAARTZ-MASON, INC. H. BEHLEN & BROTHERS, INC. MAMECO EUROPE, S.A. MAMECO. INTERNATIONAL, INC. MARION PAINT COMPANY MEDIAN PAINT COMPANY MOHAWK FINISHING PRODUCTS, INC. MOHAWK FINISHING PRODUCT (CANADA), LTD. PARKERSBURG PAINT COMPANY PIQUA PAINT COMPANY PROBOND, INC. PROKO INDUSTRIES, INC. REPUBLIC D & B, INC. REPUBLIC POWDERED METALS, INC. RPM CONSUMER PRODUCTS RPM INTERNATIONAL,. INC. RPM OF MASSACHUSETTS RPM OF NEW JERSEY RPOW, INC. SANDUSKY PAINT COMPANY SIDNEY PAINT COMPANY RICHARD E. THIBAUT, INC. TROPICAL INDUSTRIAL COATINGS, INC. TESTOR CORP. TALSOL CORPORATION TROPICAL PAINT COMPANY URBANA PAINT 0CMPANY WESTGATE ADVERTISING, INC. __ ZIEGLER'S PAINT COMPANY Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective12/1/84t0 be attached to and hereby made a part of Policy No ISX 11? 978 issued toRPM, INC. Endorsement No. 7 (PAGE ONE OF TWO) Date of Issue_______8/3/85____________________ ISX-9 (9-77) BON - 02974 Acrfhorized Representative CM06-3166 INTEGRITY INSURANCE COMPANY paramus, new jersey INACTIVE SUBSIDIARIES OR DISC CORPORATION LEXINGTON PAINT AND VARNISH CORPORATION DUTCH MASTERS PAINT AND CHEMICAL, INC. LEE FORBES & COMPANY, INC. ALOX INTERNATIONAL SALES CORPORATION MAC-O-LAC PAINTS, INC. BRIGGS BROTHERS PAINT MFG. CO. EXCLUDED SUBSIDIARIES MEDINA COUNTY TRAVEL SERVICE Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective12/1 /ft4to be attached to and hereby made a part of Policy No. tsy 117 Q7S issued tokvMj tnc. ____________________________________________ Endorsement No. 7 (PAGE TWO OF TWO) Date of Issue 8/8/85 ISX-9 (9-77) BON - 02975 Autnorized Representative PM06-316* INTEGRITY INSURANCE COMPANY PARA.MUS, new jersey IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED THE FOLLOWING ADDITIONAL NAMED INSUREDS ARE ADDED TO THIS POLICY: B & A PAINT COMPANY WESTFIELD COATINGS CORPORATION Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, con ditions or agreements of the policy other than as above stated. This endorsement becomes effective7/1 /85to be attached to and hereby made a part of Policy No. ISX 117 978 issued tobpmj Twr.------------------------------------------- :----------------------------------------------------------------------- Endorsement No.______8 Date of Issue_______ 8/8/85 ISX-9 (9-77) BON - 02976 Authorized Representative r M06-31 66 McDonough on ISX 117978 " 9/Y-Ps') The Compony os shown in Port 1 --- Declarations (hereinafter called th Company), in consideration of the payment of the premium, in reliance upon the statements the Declaration* mode a port hereof, subject to all of the terms of this policy including the applicable limits of liability, the Company agrees with the Named livsur* with respect to those coverages, indicated in Item 3 of the Declarations: INSURING AGREEMENTS 1. COVIKACt In consideration of the payment of the required premium, the Company hereby agrees, subject to oil of the terms of this policy, to pay on behalf of the insured all sums, os more fully defined by the term ultimate net lees, for which the insured shall become obligated to pay by reason of liability (a) imposed upon the Insured by low or (b) assumed under contract or agreement by the Insured# arising out of pereewel in{wry, preperty damage or advertising liability caused by an Mcwrene. 2. UNDERLYING UMIT -- RETAINED LIMIT The Company shall be liable only for the eftlmete net less the excess of the greater of the insured's underlying Hmtt or retained limit defined as: (o) Underlying limit -- on amount equal to the limits of liability indicated beside the underlying insurance listed in the schedule of underlying insur ance, plus the applicable limits of any other underlying insurance collectible by the Insured; (b) teteieed limit -- The amount specified in item 3(c) of the declarations as the result of on eceurrenee not covered by said underlying insurance, and which shall be borne by the insured, separately os respects to each eeeur* rewee during the period of this policy. J. LIMITS OF LIABILITY Regardless of the number of persons end organizations who ore insureds under this policy and regardless af the number of cletms made and suits brought agoinst any or ail Insureds, the total limit of the Company's liability for ultimate net less resulting from any one eecurrenee shall not exceed the amount specified in Item 3(a) of the declarations. The Company's liability shall be further limited to the amount stated as the annual oggregofe limit in Item 3(b) of the declarations on account of all eccurrewsee during each policy year arising out of either the products bexerd or com pleted eperetieru kexerd or both combined. In the event that the oggregafe limits of liability of the underlying policies, listed in the schedule of underlying insurance, ore exhausted or reduced, solely as the result of eccurrawcm taking place after the inception dote of this policy, this policy shall, subiect to the Company's limit of liability and to the other terms of this policy, with respect to occurrences wnich take pfoce during the period of this policy, continue in force as underlying insurance for the remainder of the policy year of the underlying policy or until the Company's oggregate limit of liability (stated in Item 3(b)) is exhausted, but nor for broader coverage than was provided by the exhausted underlying insurance. In the event that the aggregate limits of liability of the underlying policies, listed in the schedule of underlying insurance, ore exhausted or reduced os the result of aeeurrewces taking place prior to the inception date of this policy, the Company shall only be liable to the some extent os if the oggregate limits hod not been so exhausted or reduced. Far the purpose of determining the limit of the Company's liability: (a) oil persewel l*|ury and preperty damage arising out of continuous or re peated exposure to substantially the same generd conditions, and (b) oil advertising liability involving the some injurious material or act, regar less of the number of kind of medio used, or frequency of repetition ther of. whether claim is mode by one or more persons; shall be considered os orisinQ out of one eeewtenee. 4. DEFENSE PROVISIONS (a) The company shall not be colled upon to assume charge of the investigate settlement or defense of any claim mode, or suit brought, or proceedir instituted against the insured, but shall have the right and be given t opportunity to be associated in the defense and trial of any such clair suits or proceedings relative to any eccurrewee which, in fha opinion of f Company, may create liability on the pert of the Company under the rer of this policy. If the Company avails itself of such right and opporfun the Company shall do so ot its own expense. Court eosts and interest incurred with the consent of the Company, shall be borne by the Compc ond other interested parties tn the proportion that each party's share ultimate net less bears to the total emount of ultimate net loss sustair by oil interested parties. The provisions of this paragraph apply in all < cumstances except as provided for in paragraph (b) below. (b) With respect to any eccvrrewce not covered by the underlying policies Its in the schedule of underlying insurance, or any other underlying insurer collectible by rhe Insured, but covered by the terms and conditions of t policy the Company shall in addition to the amount of uitimete net payable; (1) defend any suit ogomsr the Insured seeking damages on occount personal injury, preperty damage or advertising liability, evert if any the allegations of the suir are groundless, false or fraudulent; and t make such investigation and settlement of any claim or suit as it de expedient; (2) pay all expenses incurred by the Company, oil costs taxed ogomst insured in any such suit and oil interest on the entire amount of judgment therein which accrues offer entry of the judgment and be the Company has paid'or tendered or deposited in court that par ^ the judgment which does not exceed the hmif of the Company's hoc fv. thereon; (3) pay premiums on appeal bonds required m any such suit ond O premiums on bonds to release attachments in any such suit for 1 amount not in excess of the apphcoble limit of liobility of this pc ~Z. but the Company shell have no obligation to apply for or furnish COQ such bonds; (4) pay reasonable expenses incurred by the insured, at the Company ? quest m assisting the Company in the investigation or defense of claim or suit, including actual loss of earnings not to exceed J25 day. The Company shall not be obligated to defend any suit after the appltc limit of the Company's liability has been exhausted by payment of judgmen* settlements. In jurisdictions where the Company may be prevented by law or otherwise carrying out this provision, the Company shall pay any expense incurred wir written consent m accordance with this provision. Page One FM 06 EXCLUSIONS Section I of the Exclusions This policy shall not apply: A. to any obligation for which the Iweured or ony eompony as its insurer may be held liable under any Workmen's Compensation, Unemployment Compen sation, Disability 8enefits Low, or under any similar low provided, however, that this exclusion does not apply to liability of others assumed by the insured os on incidental port of the controct or ogreemenf; 8. to loss of use of tangible property which has not been physically injured or destroyed resulting from (0 a delay in or lack of performance by or on behalf of the Insured of any contract or agreement, or (2) the failure of the Insured's products or work performed by or on behalf of the Insured to meet the level of performanc,'*quality, fitness or dur ability warranted or represented by the Insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and occidental physical injury to or destruction of the Insured's preduet* or work performed by or on behalf of the insured after such products or work have been put to use by any person or organi zation other than an Insured; C. to preperty demege to (1) property owned by the Insured, (2) the Insured's predeets arising out of such products or any port of such products, (2) work performed by or on behalf of the Insured -arising out of the* work or any portion thereof, or out of materials, ports or equipment furnished therewith; D. to damages claimed for the withdrawal, inspection, repair, replacement or loss of use of the Insured's preducts or work completed by or for the Insured or of any property of which such products or work form o port if such products, work or property are withdrawn from the market or from use become of ony known or suspected defect or deficiency therein; E. to Nuclear Energy liability [see Nuclear Liobility poge four) regardless c whether or not such coverage was or would have been afforded by rh underlying insurances. Section II of the Exclusions This policy shall not apply, unless insurance is provided by o policy listed the schedule of underlying insurance, and then for no brooder coverage the is afforded by such insurance: A. to advertising liability resulting from (1) failure of performance of contract, but this shall not relate to clam for unauthorized appropriation of ideas based upon alleged breech < an implied contract, (2) infringement of registered trade mark, service mark, or trade nam other than titles or slogans, by use thereof on or tn connection wr goods or service sold, offered for sole or advertised, (3) incorrect description of any article or commodity, (4) mistake in advertised price; 8. to the ownership, maintenance, operation, use, loading or unloading of ereft owned by the Insured or chartered by or on behalf of the insured wit* out crew; C. to the ownership, maintenance, operation, use, loading or unloading of or watercraft owned by the insured; D. to ony employee with respect to injury to or the death of another employ of the same employer, injured in the course of such employment, exce with respect to the ownership, maintenance or use, including loading unloading, of eutemebiles; E. to personal Injury or preptrty demege orising out of the discharge, disperse releose or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chr icais, oil or other petroleum substance or derivative (including any oil refu or oil mixed with wastes), liquids or gases, waste materials or other ir fonts, contaminants or pollutants into or upon land, the`atmosphere or o water course or body of water. CONDITIONS 1. MAIMTtMAMCI Of UHOIftTINO IMSUKANCI The policy or policies referred to in the attached schedule of underlying insur ance or renewals or reolacements thereof not more restrictive in coveroge, shall be maintained in full effect during the currency of this policy, except for any reduc tion in the aggregate limit or limits contained therein solely by payment of claims in respect of occurrences happening during the period of this policy. Failure of' the (neared to comply with the foregoing shell not invalidate this policy but in the event of such failure, the Company shall only be Noble to the same extent as if the towered hod complied with this condition. X OTHER INSURANCE If other valid and collectible insurance with ony other insurer is available to the insured covering, a loss also covered by this policy, other than insurance that Is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall be in excess of and shall not contribute with such other insurance. Nothing contained herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance. t PREMIUM Unless otherwise provided, the premium for this policy is a flat premium and is. not subject to adjustment except as provided therein or amended by endorsement. In the event of additional Insureds being added to the coverage under the underlying insurance during the currency of this policy, prompt notice shall be given to the Company and, if an additional premium has been charged for such oddition on the underlying insurance, the Company shall be entitled to charge an appropriate additional premium. < INSPECTION AND AUDIT .The Company shall be permitted but not obligated to inspect the insured's property and operations at ony time. Neither the Company's right to make in spections nor the making thereof nor any report thereon shall constitute an under taking, on behalf of or for the benefit of the 1usum< or others, to determine or worront that such property or operations ore safe. The Compony may examine and audit the towered** books and records at ony time during the policy period and extension* thereof ond within three years after the final termination of this policy, as for as they relate to the subject matter of this insurance. X. NOTICE OF OCCURRENCE Whenever the towured has information from which the towered may reasonably conclude that on recurrence covered Hereunder involves injuries or damage whit in the event that the towered be held liable, is likely to involve this policy, not* shall be given by or on behalf of the touered to the Company or any of authorized agents as soon as practicable, provided however, that failure to gi notice of any eesurrewee which at the time of its happening did not oppeor involve this policy but which, at o later dote, would oppeor to give rise to cloi hereunder shall not prejudice such claims. . ASSISTANCE AND COOPERATION OF THE INSURED The towered shall cooperate with the Company ond with the underlying msur os required by the terms of the underlying insurance ond, upon this Compan request, assist in making settlements in the conduct of suits and m enforcing c right of contribution of indemnity against ony person or organization who may liable to the towered because of personal Mery, prepcity demege or edvertfsi liability with respect to which insurance is afforded under this policy; ond towered shall attend hearings and trials and assist in securing and giving evtde and obtaining the attendance of witnesses. The towered shall not voluntarily nv any payment, assume any obligation or incur ony expense except at his own c 7. PAYMENT OF ULTIMATE NET LOSS Coverage under this policy shall not opply unless and until the insured, or layered** underlying insurer, shall be obligated to pay the amount of the unde lag limit or retained limit on account of persenel iniury, preperty demege er ed*> fixing liability. When the omount of ultimate net less has finally been determtr the Company shall promptly pay on behalf of the insured the amount of uttim net less falling within the terms of this policy. The named Insured shall promptly reimburse the Company for ony amo within the retained limit specified in the insuring agreements paid by the Compc on behalf of on towered in settlement or satisfaction of any claim or suit. 8. APPEALS In the event the towered or the Insured's underlying insurers elect not to opc o judgment in excess of the underlying limits, the Company may e/eef to m such appeal at its cost and expense, and shall be lioble for the taxable cost disbursements ond interest incidental thereto. . RANKRUPTCY AND INSOLVENCY In the event of the bankruptcy or insolvency of the Insured or ony entity c prising the Insured, the Company shall not be relieved thereby of the paymen any claims hereunder because ot such bankruptcy or insolvency. Poge Two BON - 02978 10. SUBROGATION In the event of any payment under this policy, the Company shall be subro- QOted to oil the interest rights of recovery against any person or orqanuohon and the Insured shall execute and deliver instruments and papers ond do whatever else is necessary to secure such rights. The amount recovered as subrogation shall be apportioned in the inverse order of payment of ultimate net toss to the extent of the actual payment The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. 11. CHANGES Notice to any agent or knowledge possessed by on agent or by any other person shall not affect o waiver or a change in any part of this policy or estop the Com pany 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 port of this policy. 12. ASSIGNMENT Assignment of interest under this policy shall not bmd the Company unfWj and until its consent is endorsed hereon. 13. CANCELLATION This policy may be conceded by the named Insured by mailing to The Come written notice slating when thereafter such cancellation shod be effective policy may be cancelled by the Compony by mailing to the named insured or oddreis shown in this policy written notice stating when, not less than thirty days thereafter, such cancellation shall be effective. The mailing of notice os aforesaid shall be sufficient proof of notice and effective date of cancellation stared in the notice shall became the end of policy period If cancellation is of the request of the named insured earned premium shal computed in accordonce with the customary short rate table and procedure, if Company cancels, earned premium shad be comoured pro rata. If this policy sure* more than one named insured, cancellation may be effected by the firs such named insureds for the account of ad the named insureds: notice of eancr tion by the Company to such first named Insured shall be deemed notice to insureds and payment of any unearned premium to such first named insured s be for the account of ail interests herein. GLOSSARY . The terms of this policy shall be applied as <f the gloss of words listed below has been included with the word or words each time they appear in this policy. ADVERTISING LIABILITY The term edvertfsing debility wherever used herein shall mean: (1) libel, slander or defamation, (2) any infringement of copyright or title or slogan, (3} piracy or unfair competition or idea misappropriation under on implied contract. (4} any invasion of right of privacy; committed or alledged to have been committed during the policy period, in any advertisement, publicity article, broadcast or telecast and arising our of the in* meed's advertising activities. AIRCRAFT Means any heavier than air or lighter than air aircraft designed to transport persons or property. AUTOMOBILE Means a land motor vehicle, trailer or semi-trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mebife equipment. COMPLETED OPERATIONS HAZARD Includes personal injury and property damage arising out of operations or re liance upon a reoresentation or warranty made of any time with respect thereto, but only if the personal injury or property damage occurs after such operations have been completed or abandoned ond occurs away from premises owned by or rented to the insured. "Operations" include materials, parts or equipment furnished m connection therewith. Operations shall be deemed completed at the earliest of the following times. (t) When all operations to be performed by or on behalf of the insured under the contract have been completed, (2) when oil operations to be performed by or on behalf of the insured at the site of the operations have been completed, or (3) when the portion of the work out of which the m|ury or damage arises has been put to its intended use by any person or organization other than another contractor or sub-contractor engaged in performing operations for q principal as a parr of the same protect. Operations which may require further service or maintenance work or correction, repair or replacement becouse of ony defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include perianal Injury or property damage arising out of: (0) operations m connection with the transportation of property, unless the perianal injury or property damage arises out of o condition in or on a vehicle created by the loading or unloading thereof. (b) the existence of tools, uninstalled equipment or abandoned or unused materials. INSURED Each of the following is an insured to the extent set forth below: (1) the named insured, meaning the named insured stared m Item 1 of the declarations and any subsidiary, owned or controlled companies as now or thereafter constituted and of which prompt nonce hos been given to the Company; (2) dny person (other than an employee of the named insured) or organiza while acting os real estote manager for the named insured; (3) ony Insured (not being the named insured under this policy) included m scheduled underlying insurance, but not for broader coverage than is ov able to such insured under the scheduled underlying insurance; (4) except with respect to The ownership maintenance, operation, use. loac or unloading of eutemeMlet, elrereft or watercraft, any officer, direc stockholder or employee of the nomed' Insured, while acting within the sc of his duties os such; but this subdivision (4) shall not apply if it rcstr the insurance granted under subdivision (3) abeve; (5) if the named Insured is designated in the declarations as a partnership joint venture, ony partner or member thereof, but only with respect to liobiiity incurred m the operation of that partnership or |omt venture; n ever, this policy does not ooply to any eutemefctte owned by or regisre in the name of ony partner. INSURED'S PRODUCTS Means goods or products manufactured, sold, handled or distributed by Insured or by others trading under his name, including any container thereof (ot than a vehicle), but insured's products shall not include a vending machine ar property other than such container, rented to or located for use ot others bur sold. MOBILE EQUIPMENT Means a land vehicle (including any machinery or apparatus attached there whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the lured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility ra ec. ment of the following types forming an integral parr of or permaneattached to such vehicle: power cranes, shovels, loaders, diggers ana cr concrete mixers (other than the mix-in-tronjif type!, graders, scrap rollers and other road construction or repair equipment, air compress 9 pumps and generators, including spraying, welding and building clear equipment; and geophysical exploration and well servicing equipment OCCURRENCE Meons on accident, including continuous or repeated exposure to condiri; which results in personal injury, property damage or advertising liability non expected nor intended from the standpoint ot the insured. PERSONAL INJURY The term persenet injury wherever used herein means: (1) bodily injury, sickness, disease, disability or snack, including death ar time resulting therefrom, mental anguish and mental injury. (2) false arrest, false imprisonment, wrongful eviction, wrongful entry. **r: ful detention or malicious prosecution, (3) libel, slander, defamation of character, humiliation or invasion of me of privacy, unless arising out of advertising activities. (4) racial, religious, sex or age discr.mmation 'unless insurance meres' pron>bited by iaw| not committed by or m the direction of the insured only with respect to the liability other than fines and penalties imposed law; which occurs during the policy period. Page Three BON - 02979 PRODUCTS HAZARD fncludes personal injury and property damage arising cut of the Insurod** products of reliance upon o representation of warranty made ot ony time with respect thereto, but only if the personal Injury of property damage occurs away from premises owned by or rented to the littered and offer physical possession of such products has been relinquished to others. PROPERTY DAMAGE The term property damage wherever used herein means: (1) physical injury to or destruction of tangible property which occurs during fhe policy period, including the loss of use thereof ot any time resulting therefrom, or (2) loss of use of tangible property which has nor been physically injured or destroyed provided such loss of use is coused by on occurrence during tne policy period. ULTIMATE NET LOU Means the amount of the pnncipoi sum, award or verdict, octuofly pod or poyoble in cash in the settlement or satisfaction of claims for which the insure* is liable,. either by adjudication or compromise with the written consent of the company, after making proper deduction for all recoveries and salvages. NUCLEAR ENERGY LIABILITY EXCLUSION This Policy does not oppiy: (a) to persanai injury or property damage (1) with resoect to which an insured under the Policy is also an insured under a Nuclear Energy Liability policy issued by Nuclear Energy Liobihty Insur ance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liobihty;, or (2) resulting from the hazardous properties of nuclear material ond with re spect of which (a) ony person or organisation is required to maintain financial protection pursyanf to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is. or hod this policy not been issued would be, entitled to indemnity from fhe 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) to personal Injury or property damage resulting from the hexordou* properties of nuclear material if 0) the nvetaar materiel (a) is at ony nuclear facility owned by, or operated by or on behalf of, on Insured or (b) has been discharged or dispersed therefrom: (2) the nucleer meteriat is contained in spent fuel or weste at any time pos sessed. handled, used, processed, stored, transported or disposed of'by or on behalf of on Insured; or (3) the personal injury or property damage arises out of the furnishing by on insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nucleer fa cility, 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 property thereat. (c) As used in this exclusion: hazardous properties include radioactive, toxic or explosive properties; nucleer meterie! means seurce material, special nuclear material or byproduct material; saurce materiel, special nuclear, and bypreduct material hove me meanings given them in the Atomic Energy Act of 1954 or in any tow amendatory thereof, spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in o nuclear reactor; waste means any waste material (I) containing byproduct materiel and (2) re sulting v from the opcrotion by ony person or organization of ony nuclear' facility included within The definition of nuclear facility included within the definition of nuclear facility under paragraph {1} ond (2) thereof: nuclear facility means (1) ony nuclear reactor, (2) ony equipment or device designed or used for (a) separating the isotope* of uronium or plutonium (b) processing of- utilizing spent fuel or (c handling, processing or packogmg waste, (3) ony equipment or device used for the processing, fabricating or alloyirv; of special nuclear material if at any time the total amount of. such mo renal in the custody of the insured ot the premises where such equipmen or device is located consists of or contains more than 25 grams of plutom um or uranium 233 or ony combination thereof, or more than 250 groms o , uranium 235. (4) ony structure, basin, excavation, premises or ploce prepared or used fo the storage or disposal of waste, and includes the site on which any of the foregoing is locoted, all operation conducted on such site and alt premises used for such operations; nucleer reactor means ony apparatus designed or used to sustain nuclear fis sion in a self-supporting chain reaction or to contain a critical moss of fission able material; property domogo includes all forms of radioactive contamination of property IN WITNESS WHEREOF the Integrity Insurance Company has caused this policy to be signed by its President and Secretary, but same shail not be binding upon the Company unless countersigned by an authorized representative of the Company. President Page Four BON - 02980 No. RXU-814080 Renewal of _^ew__________ EXCESS UMBRELLA LIABILITY POLICY ^ >/-->/--* =dir-3&P^I&t=z RLI INSURANCE COMPANY Paoria, lllinoia SIBIO DECLARATIONS ItM I. Nm*d Insured and Address: Wo.. Street fam or Otr. Counrr, State! RPM, Inc., etal - See Endorsement #1 P.O. Box 777 Medina, Ohio 44258 ItMt 2. Policy Period: Wo. Oar yrJ from 12/1/84 to 12/1/85 12:01 A.M., standard time at the address ol the nnad iaxand as stated herein. PR00UCER:DVUA of Ohio, Inc. Administrative Offices 420 S. York Road Hatboro, PA 19040 Item 3. Premium: $ 10,000.00 Minimum $ Flat Deposit $ Flat Item 4. UMIT OF LIABILITY - COMPANY LIMIT I tint 5. 5,000,000 each occurrence 5,000,000 aggregate ' Excess of: UNDERLYING UMBRELLA INSUBEHS AND POUCY NUMBER; Integrity - #ISX117978 Item B. LIMIT Of LIABILITY UNDERLYING LIMITS It is expressly agreed that liability shall attach to the Company only after the Underlying Umbrella Insurers have paid or have been held liable to pay the full amount of their respective ultimate nst loss liability as follows: |a) $ 51000,000 ultimate net loss in respect of each occurrence, but Ibl $ 5 000 000 ' * in the aggregate for each annual period during the currency of the Policy, separately in respect of Products Liability and separately in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Insured -- and the Company shall then be liable to pay only the excess thereof up to a further |c) $5}000,000 ultimate net loss in all in respect of each occurrence - subject to a limit of $ Id) $5 000 000 *' in 'b aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and separately in respect of Personal injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Insured. Item 7. Other Endorsements attached at inception: E-082; AOH-l BON-02981 Highland Heights, Ohio 12/06/84 RXU 673 (7-82) Countersigned 8y: Audwrasd Rqrcanativt INSURED: RMP, Inc., etal Effective Date: 12/1/84 ENDORSEMENT Additional Premium Return Premium Nil Nil NAME CHANGE - INSURED It is hereby understood and agreed the named INSURED is amended to read as follows : RPM, Inc. AGR Company, a Joint Venture Alox Corporation Bondex International, Inc. Bondex International (Canada), Cal-O-Cam, Inc. Colonial Paint Company Dean & Barry Company Ltd. RPOW, Inc. Sandusky Paint Company Sidney Paint Company Richard E. Thibaut, Inc. Tropical Industrial Coatings, Inc. Testor Cor Tropical Paint Company Talsol Corporation Urbana Paint Company Westgate Advertising, Inc. Ziegler's Paint Company Dean & Barry Sales, Inc. Design/Craft Fabric Corporation INACTIVE SUBSIDIARIES OR DISC CORPORATIONS Floquil-Polly S Color Corporation Euclid Chemical Company Gates Engineering Company, Inc. Haartz-Mason, Inc. H. Behlen & Brothers, Inc. Mameco Europe, S.A. Mameco International, Inc. Lexington Paint and Varnish' Corporation Dutch Masters Paint and Chemical, Inc. Lee Forbes & Company, Inc. Alox International Sales. Corporation Mac-O-Lac Paints, Inc. Briggs Brothers Paint Mfg. Co. Marion Paint Company Medina Paint Company EXCLUDED SUBSIDIARIES Mohawk Finishing Products, Inc. Mohawk Finishing Product (Canada), Ltd. Medina County Travel Service Parkersburg paint Company Piqua Paint Company Probond, Inc. Proko Industries, Inc. Republic D & B, Inc. Republic Powdered Metals, Inc. RPM Consumer Products RPM International, Inc. RPM of Massachusetts RPM of New Jersey Attached to and forming part of Policy Number RXU 814080 of the RLI Insurance Company All other terms and conditions remain unchanged. Dates: 12/1/84 to 12/1/85 E-082(5-83) Endorsement if 1 BON - 02982 Umbrella/Excess/Excess Umbrella Liability Ohio Amendatory Endorsement In compliance with the insurance regulation of the State of Ohio, the following provisions are added to the policy. In the event that a similar provision is already contained in the policy, the provisions of this endorsement shall take precedence over such similar provision. 1) It is agreed that coverage afforded by this policy shall not apply to any claim by an employee arising during any period in which the INSURED is subject to the Workmen's Compensation laws of Ohio and is neither a qualified self insurer nor a member or subscriber in good standing in the State Fund. 2) It is further agreed that coverage shall not apply for any claim with respect to which the INSURED is deprived of any defense because of .default in premium payment or .other.failure to comply with the Workmen's Compensation laws pf Ohio. ii rr cached to and forming part of Policy Number RXU 814080 the RLI Insurance Company All other terms and conditions remain unchanged. Dates: 12/1/84 to 12/1/85 AOK-1 (01-83) Endorsement //2 BON - 02983 'The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7-1-85 ENDORSEMENT GU 207 (Ed. 6-78) at 12:01 A.M. standard time, forms a part of Policy No. RXU 814080 . . Issued to RPM, Inc*, etal BV DVUA of Ohio, Inc. of the RLI Insurance Company (MAMC OP IN*UA*C* COMPANY) lorized Representative In consideration of thd .premium charged, it is hereby understood and agreed the following additional Named Insureds-are added to this policy: B & A Paint Company Westfield Coatings Corporation Endorsement #3 BON - 02984 GU 207 (Ed. 6-78) EXCESS UMBRELLA LIABILITY POLICY POLICY #RXU 814080 (12/1/84-12/1/850 IS! RLI INSURANCE COMPANY Paorta, Illinois 8*1810 McDonough Prior Insurance and Non Cumulation of Liability: It is agreed that if I >s covered hereunder is also covered in whole or in part under any other ; Policy issued to the insured prior to the inception date hereof the limit ility hereon as stated in The Declarations item 4 Limits of Liability i e reduced by any amounts due to the Insured on account of such loss such prior insurance. .1 to the foregoing paragraph and to the other terms and conditions of ! I >licy in the event that personal injury or property damage arising out of--, 3733 Park East. Suita 106 Cleveland. OH 44122 (216) 464-6920 This policy is made and accepted subject to the provisions and stipulations hereinafter stated, which are hereby made a part of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. RXU 675 (7-821 BON - 02985  RLI INSURANCE COMPANY PaoHa, llflnote 81813 (A Stock Insurance Company, Herein Called the COMPANY) A^ree* with the Insured, named in the Declarations made i part hereof, in consideration of the payment of the premium and m reliance upon the statements in the Declarations and subject 'to the lTM of liability, exclusions, conditions and other terms of this policy as followi: INSURING AGREEMENTS The Company hereby agrees, subject to the limitations, terms and conditions hereinafter mentioned, to pay on behalf of the Insured all sums which the Insured shall be obligated to pay by reason of the liability imposed upon the Insured by law, or assumed under contract or agreement by the Named Insured for damages, direct or consequential and expenses on account of: (a) Personal Injuries, including death at any time resulting therefrom, (b) Property Damage, (c) Advertising Liability, caused by or arising out of each occurrence happening anywhere in the world, and arising out of the hazards covered by and as defined in the Underlying Umbrella Policies and issued by the "Undertying Umbrella Insurers" (See Declarations, Item 5). DEFINITIONS 1. NAMED INSURED: The words "Named Insured" includes The Named Insured Stated in The Declarations forming a part hereof and/or sub sidiary, associated, affiliated companies or owned and controlled companies as now or hereafter constituted and of which prompt notice has been given to the Company. 2 INSURED* The word "insured" includes The Named Insured and/or any Officer, Director, Stockholder, Partner or Employee of The Named Insured,- white acting in his capacity as such. WAR RISJ policy shall not apply to any liability to the Insured directly or indirectly n enemies, hostilities (whether war be declared or noth civil war. rebelli ization or requisition or destruction of or damage to property by or unde BON - 02986 Attach Coverage Partial and Endorsement!*! Here CONDITIONS 1. Prior Insurance and Non Cumulation of Liability: It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess Policy issued to the Insured prior to the inception date hereof the limit of liability hereon as stated in The Declarations item 4 Limits of Liability shall be reduced by any amounts due to the Insured on account of such loss under such prior insurance. Subject to the foregoing paragraph and to the other terms and conditions of this Policy in the event that personal injup' or property damage arising out of-- an occurrence covered hereunder is continuing at the time of termination of this Policy the Company will continue to protect the Insured for liability in respect of such personal injury or property damage without payment of addi tional premium. 2. Maintenance of Underlying Umbrella Insurance: This Policy is sub ject to the same terms, definitions, exclusions and conditions (except as regards the premium, the amount and limits of liability and except as other wise porovided herein) as are contained in or as may be added to the Underly ing Umbrella Policies stated in Insuring Agreement 1 Prior to the happening of an occurrence for which claim is made hereunder. It is a condition of this Policy that the Underlying Umbrella Policies shall be maintained in full effect during the currency hereof except for any reduction of the aggregate limits contained therein solely by payment of claims in respect of accident and/or occurrences occurring during the period of this Policy or by the operation of Condition of the Underlying Umbrella Policies. 3. Notice of Occurrence: Whenever the Insured has information from which they may reasonably conclude that an occurrence covered hereunder involves injuries or damage which, in the event that the Insured shall 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 give notice of any oc currence which at the time of its happening did not appear to involve this Policy, but which, at the later date, would appear to give rise to claims hereunder shall not prejudice such claims. 4. 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 insurance that is in excess of the insurance afforded by this Policy, the Insurance afforded by this Policy shall be in excess of and shall not contribute with such other insurance. 5. Premium Computation: The deposit premium stated in the Declarations is an advance premium only unless otherwise specified. Upon termination of this policy, the earned premium shall be computed in accor dance with the rates and miniumum 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 Com pany; 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, es the Company may direct. 6. Inspection and Audit: The Company shall be permitted but not obligated to inspect the Named Insured s property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the Named Insured or others, to determine or warrant that such property or operations are safe. The Company may examine and audit the Named Insured's books and records at anv time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 7. Action .Against Companv: No action shall lie against the Company unless, as a condition precedent thereto, the Insured shall have fully complied with all the terms of this policy, nor until the amount of the Insured's obliga tion to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. 8. Subrogation: In the event of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery thereof against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. 9. 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 rights under the terms of this policy: nor shall the terms of this policy be waived or changed, except by endorsement issued to iorm a part hereof, signed by an authorized representative of the Company. 10. Assignment: Assignment of Interest under this policy- shall not bind the Companv until its consent is endorsed hereon: if. however, the Named In sured shall he adjudged bankrupt or insolvent, this policy shall cover the Named Insured's legal representative as Named Insured: provided that notice o{ cancellation addressed to the Insured named in the Declarations and mail ed to the address shown in this policy shall be sufficient notice to effect cancellation of this policy. 11. Cancellation: This policy may be canceled by the Insured by sur render thereof to the Company or any of its authorized agents or by mailing to the Companv written noUce stating when thereafter the cancellation shall be effective. This policy may be canceled by the Company by mailing to the In sured at the address' shown in this policy written notice stating wGen not less than ihirtv 1301 days thereafter such cancellation shall be effective. The mail ing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either bv the Insured or by the Companv shall be equivalent to mailing. If the Insured'cancels, earned premiums shall he computed in accordance with the customary short rate table and procedure. II the Company cancels, earned premium'shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is hot a condition of cancellation. 12. Term* of Policy Conformed to Statute: Terms of this policy which are in conflict with the statutes of the State wherein this policy is issued are hereby amended to conform to such statutes. BON - 02987 Attach Coverage Part(s) and Endorsement!*) Here NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) This policy shall not apply: 1. Under any Liability Coverage, to injury, sickness, disease, death or destruction: I a I 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 or Nuclear Insurance Association of Canada, or would be an Insured under any such policy but lor its termination upon exhaustion of its limit of liability; or (bl resulting from the hazardous properties of nuclear material and with respect to which 111 any person or organization is required to main* tain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or 12l the Insured is, or had this policy not been issued would lx, entitled to indemnity from the United States of America, or any agency thereof, under any agree ment entered into by the United States of America or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to immediate medical or surgical relief to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: lal the nuclear material 111 is at any nuclear facility owned by or operated by or on behalf of an Insured, or (21 has been discharged or dispersed therefrom: or Ibl the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or dispos ed of by or on behalf of an Insured: or (cl the injury, sickness, disease, death or destruction arises out of the furnishing of an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, opera tion 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 (cl applies only to injury to or destruction of property at such nuclear facility. IV. At used in this policy: "hazardous properties" include radioactive, toxic or explosive proper ties: "nuclear material" means source material, special nuclear material or byproduct material: "source material", "special nuclear material" and."byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid which has been used or exposed to radiation in a nuclear reactor: "waste" means any waste material 111 containing byproduct material and (21 resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (al or Ibl thereof: "nuclear facility" means: lal any nuclear reactor. (bl any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium. (2) processing or utilizing spent fuel, or 131 handling, processing or packaging waste. Icl any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 25(1 grams of uranium 235. Id) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all opera tions conducted on such site and ail premises used for such operations: "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material: with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. WAR RISK EXCLUSION This poliev shall not apply to any liability to the Insured directly or indirectly occasioned by. happening through or in consequence of war. invasion, acts of foreign enemies, hostilities Iwhether war be declared or notl. civil war. rebellion, revolution, insurrection, military or usurped power or confiscation or na tionalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority. BON - 02988 - 592714 * 175 4/26/85 It XSI 9109 EXCESS INSURANCE POLICY International Surplus Lines Insurance Company CHICAGO, ILLINOIS INCORPORATED 1071 DECLARATIONS "12POLICY NUMBER XSI _ ITEM 1: NAMED INSURED: RPM, INC. ITEM 2: ____P_. __0_. _BOX__77_7__ MEDINA, Cm ~~ OHIO 44258 STATE 12POLICY PERIOD: FROM 1 .--I II-------- 1--^--1 TO 1 L? i H______ | 85_ | EFFECTIVE 9ATE 12:01 A.M. STANOAflO TIME AT THE AOOftESS OF THE NAMED INSURED AS STATED HEREIN ITEM 3: ITEM 4: PREMIUM: TOTAL $ 22,500.00 IN AOVANCE THE INSURANCE COMPANY IN WHICH T COVERAGE IS PLACED IS AUTHORIZED TRANSACT BUSINESS IN THE STATE V. _______________ THE PROPERTY AND/OR ASSURED IS LCC.- <>- Knn ni$UT THfTfcOMPANY IS NOT A UCEN ,.?4ZaOUU( THAT STATE. ADJUSTABLE AT A RATE OF 1ST ANNIVERSARY 2ND ANNIVERSARY PER FLAT CHARGE THIS POLK Y AND THE PREMIUM THER MUST BE PROPERLY DECLARED AS "aURREoSx.lNEi RISK TO THE INSURA DEPARTMENT OF THE STATE. PRC FILINGS MUST BE MADE AND SURF LINES TAXES PAIO by a SURPLUS e BROKER IN THE STATE. UNDERLYING INSURANCE: $10,000,000. EACH OCCURRENCE AND AGGREGATE (WHERE APPLICABLE) UMBRELLA LIABILITY PER INTEGRITY INSURANCE COMPANY POLICY #ISX 117978 AND VARIOUS COMPANIES EXCESS OF PRIMARIES. ITEM 5: FORMS ON FILE WITH THE COMPANY LIMIT(S) OF COVERAGE HEREUNDER: $15,000,000. EACH OCCURRENCE AND AGGREGATE (WHERE APPLICABLE) EXCESS OF THE LIMITS STATED IN ITEM #4. ITEM 6: CANCELLATION: 30 DAYS FORMS ATTACHED: ENDTS #1 - #4 APRIL 26. 1985 Ijt ISLIC 39 Rev.(7/841 COUNTERSIGNED BY authorized signature BON - 02989 PART V -- CONDITIONS . 1. Underlying Insurance -- Changes During this Policy Period Any change in coverage or premium m the underlying insurance shall be promptly reported to the company and the insured shall, upon request, furnish the company with copies of such changes Any change m the premium for the underlying insurance shall be promptly reported to the company and the premium for this policy, subiect to the minimum premium, may be adiusted m accordance with the manuals of the company then in effect. 2. Notice of loss: Participation in Defense by the Company Notice of an occurrence which appears likely to involve this policy shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. The company at its own option may. but is not required to. participate m the investigation, settlement or defense of any claim or suit against the insured 3. Action Against Company No action shall lie against the company unless, as a condition pre cedent thereto, the insured shall have fully complied with all the terms of this policy Any person or organization or the legal representative thereof who has secured a judgment against the insured shall thereafter be entitled to recover under this policy to the extent of the insurance afforded-by this policy. Nothing contained m this policy shall give any person or organization any right to join the company as a co-defendant in any action against the insured to determine the insured's liability Any pay' ments by the company under this condition 3 shall discharge the com pany's obligation to the insured to the extent of such payments. Bankruptcy or insolvency of the insured or of the msured's estate shall not relieve the company of any of its obligations hereunder 4. Subrogation and Other Recoveries In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after the occurrence to pre judice such rights. Because this policy affords excess coverage, the insured's right of recovery cannot always be exclusively subrogated to the company. It is. therefore, agreed that the company shall act in concert with all other interests concerned, including the insured, in the enforcement of any subrogation rights or m the recovery of amounts by any other means. The apportioning of any amounts so recovered shall follow in the principle that any interest including the insured, that shall have paid an amount over and above any payment under this policy shall first be reimbursed up to the amount paid by such interest: the com pany shall then be reimbursed out of any balance then remaining up to the amounts paid as the result of to** covered under this policy: and lastly, the interests, including the insured, of whom this coverage is in excess are entitled to claim any residue remaining. Expenses and costs necessary to the recovery of any such amounts shall oe aooort.cned between the interests concerned, including tne insured, m the ratio of their respective recoveries or m the event of a totally unsuccessful attempt to recover, m the ratio of the respective amounts sougnt to be recovered 5. Other Insurance This condition does not apply with respect to the underlying in surance or excess insurance purchased specifically to oe m excess of this policy. . If. with respect to a toss covered hereunder, the insured has other insurance, whether on a primary, excess or contingent basis, there shall be no insurance afforded hereunder as respects such toss, pro vided. that if the applicable limit of liability of this policy is greater than the applicable limit of liability provided by the other insurance this jwlicy shall afford excess insurance over and above such other m surance m an amount sufficient to give the insured, as respects the layer of coverage afforded by this policy, a total limit of liability equa to the applicable limit of liaoiiity afforded by this oohey 6. Cancellation This policy may be canceled by the named insured oy mailing tc the company written notice stating when thereafter tne cancellation shall be effective This policy may be canceled by the company oy mailing to the named insured at the address shown in the declara tions written notice stating when not less than ten days thereafter. o the number of days set forth m Item 6 of the Declarations, such can cellation shall be effective. The mailing of notice as aforesaid snan Of sufficient proof of notice. The effective date of cancellation stated ir the notice shall become the end of the policy period Delivery of sue-written notice either by the named insured or by the company shall ch equivalent to mailing. If the named insured cancels, earned premium or minimum pre mium. whichever is greater, shall be computed m accordance with thcustomary short rate table and procedure. If the company cancels earned premium or minimum premium, whichever is greater, shall 0 computed pro rata Premium adjustment may be made either at th time cancellation is effected or as soon as practicable after cancella tion becomes effective, but payment or tender of unearned premium i not a condition of cancellation. 7. First Named Insured The insured first named in item 1 in the declarations is authorize to act on behalf of all named insureds and other insureds with re; pect to the giving and receiving of notice of cancellation and to receiv mg any return premium that may become payable under this policThe insured first named in item 1 in the declarations >s responsibi for the payment of all premiums but the other named insureds iotnt and severally agree to make such premium payments in full if the ir sured first named in item 1 fails to pay the amount due within thir days after the company gives a written demand for payment to th insured first named in item 1. IN WITNESS WHEREOF, the company has caused this policy to be signed by its president and secretary, but this policy shall not be valid unle countersigned on the declarations page by a duly authorized representative of the company. ISLIC39 Rev.(7/84) BON - 02990 policy No. This endorsement, effective XSI 9997 issued to ENDORSEMENT #1 DECEMBER 31, 1984 RPM, INC. 4/25/85 rad farms a part of INTERNATIONAL SURPLUS LINES INSURANCE COMPANY ASBESTOS ENDORSEMENT FOR AND IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS UNDERSTOOD AND AGREED THAT THE COMPANY SHALL NOT BE OBLIGATED TO: (1) MAKE PAYMENT FOR ANY LOSS; OR (2) PROVIDE DEFENSE IN CONNECTION WITH ANY CLAIM (i) ARISING OUT OF OR (ii) RELATED TO ANY EVENT OR HAPPENING, OR (iii) DIRECTLY OR INDIRECTLY CAUSED BY BASED UPON OR RESULTING FROM: (a) ASBESTOS OR ANY ASBESTOS RELATED INJURY OR DAMAGE; OR (b) ANY ALLEGED ACT, ERROR, OMISSION OR DUTY INVOLVING ASBESTOS, ITS USE, EXPOSURE, -PRESENCE, EXISTENCE, DETECTION, REMOVAL, ELIMINATION OR AVOIDANCE; OR (c) THE USE, EXPOSURE, PRESENCE, EXISTENCE, DETECTION, REMOVAL, ELIMINATION OR AVOIDANCE OR ASBESTOS IN ANY ENVIRONMENT, BUILDING OR STRUCTURE. IT IS FURTHER AGREED THAT THE AGGREGATE LIMIT OF LIABILITY OF ANY UNDERLYING INSURANCE OR SELF-INSURED RETENTION SHALL NOT BE REDUCED BY LOSSES ARISING OUT OF SUCH CLAIMS. tWB i<? (REV i -8a) BON - 02991 Authorized Representative policy No. ENDORSEMENT #2 This endorsement, effective XSI 9997 issued to DECEMBER 31, 1984 RPM, INC. INTERNATIONAL SURPLUS LINES INSURANCE COMPANY 4/25/85 md forms a part of E.R.I.S.A. EXCLUSION IN CONSIDERATION OF THE PREMIUM CHARGED FOR THIS POLICY, IT IS HEREBY UNDERSTOOD AND AGREED THE INSURER SHALL NOT BE LIABLE TO MAKE ANY PAYMENT FOR LOSS IN CONNECTION WITH ANY CLAIM MADE AGAINST THE INSURED: BASED UPON THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, PUBLIC LAW 93-406, COMMONLY REFERRED TO AS THE PENSION REFORM ACT OF 1974, AND AMENDMENTS THERETO, OR SIMILAR PROVISIONS OF ANY FEDERAL STATE OR LOCAL STATUTORY LAW OR COMMON LAW. 1WB 19 (REV 1/84) Authorized Representative BON - 02992 ENDORSEMENT #3 This endorsement, effective -policy No. XSI 9997 Issued to DECEMBER 31, 1984 RPM, INC. by INTERNATIONAL SURPLUS LINES INSURANCE COMPANY 4/25/85 md forms a part of CASE, CUSTODY, CONTROL EXCLUSION DAMAGE TO REAL PROPERTY EXCLUSION IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO INJURY TO OR DESTRUCTION OF OR LOSS OR REAL PROPERTY LEASED, RENTED TO, OCCUPIED OR MANAGED BY THE INSURED. DAMAGE TO PERSONAL PROPERTY EXCLUSION IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO INJURY TO OR DESTRUCTION OF OR LOSS OF PERSONAL PROPERTY IN THE CARE, CUSTODYOR CONTROL OF THE. INSURED OR AS TO WHICH THE INSURED-. IS FOR ANY PURPOSE EXERCISING PHYSICAL CONTROL. FOR THE PURPOSE OF THIS ENDORSEMENT, PERSONAL PROPERTY SHALL MEAN ALL PROPERTY OTHER THAN REAL PROPERTY. W8 19 (REV. 1/84) BON - 02993 Authorized Representative ENDORSEMENT #4 pollcyNo. This endorsement, effective XSI 9997 issued to DECEMBER 31, 1984 RPM, INC. INTERNATIONAL SURPLUS LINES INSURANCE COMPANY 4/25/85 md farms a POLLUTION EXCLUSION - ACCIDENTAL LAND AND WATER IT IS HEREBY UNDERSTOOD AND AGREED THIS POLICY SHALL NOT APPLY TO LIABILITY ARISING OUT OP THE DISCHARGE, DISPERSAL, RELEASE OR ESCAPE OF SMOKE, VAPORS, SOOT, FUMES, ACIDS, AKLALIS, TOXIC CHEMICALS, LIQUIDS OR GASES, WASTE MATERIALS OR OTHER IRRITANTS, CONTAMINANTS OR POLLUTANTS INTO OR UPON ANY WATER COURSE OR BODY OF WATER AND, LAND OR THE ATMOSPHERE. BUT THIS EXCLUSION DOES NOT APPLY IF SUCH DISCHARGE, DISPERSAL, RELEASE OR ESCAPE IS SUDDEN AND ACCIDENTAL. IWB 19 (REV. 1/84) BON - 02994 Auttxjrlzed Representative policy No. ty ENDORSEMENT #5 This endorsement, effective XSI 9997 issued to DECEMBER 31, 1984 RPM, INC. INTERNATIONAL SURPLUS LINES INSURANCE COMPANY 7/9/85 Ijt forms a part of IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS UNDERSTOOD AND AGREED ITEM #2, POLICY PERIOD, OF THE DECLARATIONS PAGE IS AMENDED TO READ AS FOLLOWS: DECEMBER 1, 1984 TO DECEMBER 1, 19B5. THE INSURANCE COMPANY WHICH THIS COVERAGE IS PLACc.0 IS AUiHORDED O . 4pT BUS'NESS IN iHc THE PROPERTY ANO/OR ASSURES IS *-OC:Ai|D BUT THE COMPANY IS NOT A LICENSED CARRIER IN THAT STATE. tliic POLICY AND THE PREMIUM THEREON TfrtV"WJsr k maoeSanTd' surplus LINES' taxes" PAID 3Y A SURPLUS LJNSS quokbr IN THE STATE. IWB 19 (REV 1/84) BON - 02995 Authorized Representative policy No. ENDORSEMENT #6 This endorsement, effective xsi 9997 Issued to DECEMBER 1, 1984 hpm, ihc. by INTERNATIONAL SURPLUS LIKES IHSURAHCE COMPANY 10/11/85 ljt forms a part of IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED THAT ITEM #1, NAMED INSURED, OF THE DECLARATIONS IS AMENDED TO READ: RPM, INC. AGR COMPANY, A JOINT VENTURE ALOE CORPORATION BONDER INTERNATIONAL, INC. ~ BONDER INTERNATIONAL (CANADA), LTD. CAL-O-CAM, INC. COLONIAL PAINT COMPANY DEAN & BARRY COMPANY DEAN & BARRY SALES, INC. DESIGN/CRAFT FABRIC CORPORATION FLOQUIL-POLY S COLOR CORPORATION EUCLID CHEMICAL COMPANY GATES ENGINEERING COMPANY, INC. HAARTZ-MASON, INC. H. BEHLEN & BROTHERS, INC. HAMECO EUROPE, S.A. MAMECO INTERNATIONAL, INC. MARION PAINT COMPANY MEDIAN PAINT COMPANY MOHAWK FINISHING PRODUCTS, INC. MOHAWK FINISHING PRODUCT (CANADA), LTD PARKERSBURG PAINT COMPANY PIQUA PAINT COMPANY PROBOND, INC. PROKO INDUSTRIES, INC. REPUBLIC D & B, INC. . REPUBLIC POWDERED METALS, INC. RPM CONSUMER PRODUCTS RPM INTERNATIONAL, INC. RPM OF MASSACHUSETTS RPM OF NEW JERSEY RPOW, INC. SANDUSKY PAINT COMPANY SIDNEY PAINT COMPANY RICHARD E. THIBAUT, INC, TROPICAL INDUSTRIAL COATINGS, INC. TESTOR CORPORATION TALSOL CORPORATION TROPICAL PAINT COMPANY URBANA PAINT COMPANY WESTGATE ADVERTISING, INC. ZIEGLER'S PAINT COMPANY INACTIVE SUBSIDIARIES OR DISC CORPORATI LEXINGTON PAINT AND VARNISH CORPORATION DUTCH MASTERS PAINT AND CHEMICAL, INC. LEE FORBES & COMPANY, INC. ALOE INTERNATIONAL SALES CORPORATION MAC-O-LAC PAINTS, INC. BRIGGS BROTHERS PAINT MFG CO. EXCLUDED SUBSIDIARIES MEDINA COUNTY TRAVEL SERVICE THE INSURANCE COMPANY IN WHICH THIS COVERAGE IS PLACES IS A'JTI'O.' lj:: TO .Transact susinsss .n the -,r ,u the property ano.`OP: .-' : j - : -.rEO UT THE COMPANY ;.cr '.oiD CARRIER IN THAT ST' ". i mo rwwiui mi'i'J l "" :'-ON MUST EE PROPERLY 'ECLATED A SURPLUS LINES itlSK ~0 t;-:J -Mu \ICE DEPARTMENT Of THE STATE. 7HO.-SR FILINGS MUST SE .'.'i."CSE AMO CLiR.-L-JS UNE5 TAXES PAID 2Y A SURPLUS LIMES BROKER IN THE STATE. BON - 02996 IWB 19 (REV 1 84) J- Authorized Representative ENDORSEMENT policy No. This endorsement, effective XSI 9997 Issued to JULY l, 1984 KFM, me. . INTERNATIONAL surplus lines insurance company cy #7 10/11/85 ljt forms a part o( in consideration of the premium charged, it is hereby understood AND AGREED THAT THE FOLLOWING ARE ADDED AS ADDITIONAL NAMED INSUREDS: B & A PAINT COMPANY WESTFIELD COATINGS CORPORATION __ THE INSURANCE COMPANY IN WHICH THIS COVERAGE IS FL'.CED iS AUTHORIZED TO TRANSACT IN THE STATE WHERE THE PROPERTY AN\v-:R j IS LOCATED UT THE COI-.'FA.NY 10 NOT A LICENSED CARRIER IN T-.-.t 3T-.7E. THIS POLICY AMO THE p.REMi'JM THEREON MUST 3 F"G:-~A-_Y DECLARED AS A SURPLUS L!NE5 R.SK TO THE INSURANCE DEPARTMENT OF THE STATE. PROPER FILINGS MUST SE MACE AND SURPLUS LINES TAXES PAID 3Y A SURPLUS UNES BROKER IN THE STATE. S/V8 19 (REV. 1 841 BON - 02997 - ft - Authorized Representative