Document dYro4jgBXwBrmJ3KrpJ1QKvG0

No.TMP 4 Oil 230 4 OOP 830 Renewol of Number Fort Worth Lloyds Fort Worth, Texas DECLARATIONS Item 1. Named Insured and P. 0. Address No Street. Town County. SfQte. Z'P) UTEX INDUSTRIES, INC., AND ZENOX, INC A WHOLLY OWNED SUBSIDIARY OF UTEX INDUSTRIES, INC. AND XENTEX, INC., A SUBSIDIARY OF UTEX ?. U. Box 79227, Houston, Texas 77079 ROBERTS & RHEA Tiiji Mjnjgan 1401 W, Lancaster SORT WORTH, TCXAS Item 2. Policy Period: From August I, 1983 To August 1, 1984 12.01 A.M. Standard Time at location of described property Item 3. The Named Insured is. 3) Individual H Partnership j Corporation Joint Venture Other'. Ittffl 4. Location of premises: rfer same ' if some location as obovei No. l See 22 attached No. 2 Occupancy of Premises Gasket Manufacturing No. 3 Item 5. Insurance is provided with respect to those premises described above and with respect to those coverages and kinds ot property for which a specific limit of liability is shown, subject to all of the terms ol this policy including forms and endorsements made a part hereof' LIMIT OF LIABILITY Lot No. i Bldg. No.! Loe. No. 'Bldg. No. Loc. No. f--- r T -COINSURANCE! Bldg. No.: PERCENTAGE ; APPLICABLE COVERAGE , SECTION I' |PROPERTY1 COVERAGE: .See 22 '* s WINDSTORM & HAIL DEDUCTIBLE C S Ll j | fl00 2$ * I ."Li. IS _li_ A.Burlding(s)__ B. Personal Property Addl. Cov. (Specify) ALL OTHER PERILS DEDUCTIBLE--SEE COVERAGE FORMS ATTACHED Addl. Cov. (Specify) A il SECTION i1 i ` 1: V; 11 PROPERTY1 ,s. COVERAGE! I 0! N| SECTION 1 u II LIMIT OF LIABILITY l. each cccurrence : $ each person _ [$_ COVERAGE aggregate__ C. Bodily Injury and Property Oamage Liability each accident 0. Premises Medical Payments _j SECTION A" LIABILITY |" Addl. Cov. (Specify) , LIABILITY coverage! i COVERAGE ~ SECTION III--CRIME COVERAGE _____________ l Limits as stated in the endorsement, made part of this Policy, if indicated by rr] SECTION IV--BOILER AND MACHINERY COVERAGE ' Item 6. Forms and Endorsements made a part ol this Policy at time of issue: ( INSERT NO. ANO COITION DATE ) 16-20-21A-22-51-100-103-121-134-140-178-200-202-205-G 604-R5-24 Item 7. Loss on building items shall be payable to Address may appear at the time of loss, subject to Mortgage Clause (without contribution) printed elsewhere as Mortgagee or Trustee, as their interest 8Item . The Total Provisional Premium is 3 49,708.00 Countersignature Date: August 8, 1983 At: Houston, Texas --------- #716 -Agent. In Consideration ol the Provisions and Stipulations Herein or Added Hereto and of the Premium Above Specified (or specified in endorsement attached hereto), this Company, for the term from inception date shown above (At 12:01 A.M. Standard Time) to expiration date shown abovo (At 12:01 AM. Standard Time) at location of property involved, to an amount not exceeding the limit of liability specified, does insure the insured named in the Declarations above and legal representatives, to the extent ot the actual cash value o! the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time alter such loss, without allowance lor any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE. LIGHTNING ANO OTHER PERILS IHSURED AGAINST IN THIS POLICY INCLUDING REMOVAL FROM PREMISES EN DANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described herein while located or contained as described in this policy, or pro rata for live days at each proper place to which any of the property shall necessarily be removed for preservation (rom the perils insured against in this policy, but not elsewhere. Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy, to gether with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. R-490 TXMP (1-80) (1) UTEX 000574 1 Concealment, This entire policy shall be void if, whether 2 fraud. before or af'er a loss, the insured hos wil- 3 fully concealed or misrepresented any ma- 4 rerial fact or circumstance concerning this insurance cr the 5 iobiect iherecf, cr Te interest of the insured therein, or m case 6 of any fraud or false sweormg by the insured relating thereto 7 Uninsurable 7ms oo-Ncv shall net cover accounts, bills, 3 and currency, deeds, evidences of debt, money or 9 excepted property.securities, nor, unless specifically named 3 hereon m writing, bullion or manuscripts 1 Perils not This company shall not be liable for to-' by 2 ncludcd. * ire caused, d.recfly or mdirect'y, b. 'at ` 3 . -v o'*ock by armed `crces, inc'udmg action faken by mill- ;4 *: al Or c;r m resisting an actual cr an immecately O > rdmg enemy ct'ack, b i invCS'Cn; `C) msurrecticn, 'd' 6 r.oe 11on, c) rcvclut.c" 1 civil vO', g1 usurped power, 'K 7 ,-aer of any civ.: author ty except acts destruction at the time 3 ;* :*-'j ;:r the purpose of prevent Te spread of 1 re, provided 9 *hct ._ch f.re d d ''at arig.nate from cny of the peri's excluded '1 ~>i m s poliC4., i r,egiect of 'He -mured to use all reasonable 21 t.- ;ave and preserve the property at and a*rer a less cr ;.2 when the property is endangered bv fire m neighboring prem- 23 'ses ncr shall rhi$ Company be liable for loss by theft. 24 Other Insurance. Other insurance mav be prohibited or the 25 amount of insurance may be bmired by en- 26 ccr attached hereto 2n Conditions suspending or restricting insurance. Unless otherwise 23 provided in writing added hereto this Company shall not be liable 29 for loss occurring 23 z * - 'e the hazard is mc^ecsed hv any ^eon v*ith;p me ccn. *r',' ;* k^o-vedge ?f the in-urea cr 22 **>.'.: - dose* red bu^di-g wfether ntended far occuocpcv j3 Oy c * v' or tenp-'t s a: dm- :r un^ccuD'ed beyond a per oa of 34 i,k:. conec-tr.e davs; or 35 tv exp'os-cn or :ot, unless fire ensue, and 36 mat o'.c"'* for 1 css by f only 37 Other perils Any other peril to be insured against or sub 33 or subjects. *- ) let f insurance ta be covered in this policy shpil be bv endorsement in writing hereon or 40 added hereto 4 ! Added provisions. The extent cf the application of in-jrance 42 under th<$ policy and of the cor.*' button to 43 be made bv rh,* Company n cose of loss, and r iy other pro 44 vision or agreement net inconsistent with th-. provisions of this 45 ocl'cv mav be provided for in w^t-oa oJoed hereto, but no pro 46 vision may be waived e .c:K. ..o as by the terms of this policy 47 s sub*ecf M ciio. ge. 43 Woiwor No permission affecting this insurance shall 49 provisions. exist, or waiver of any provision be valid, 30 unless grarted herein or expressed in writing . I added hereto. No orovis on stipulation or forfeiture shell be 52 held to be reived cy cny requirement or proceeding cn the parr cf 'hi-. Company r-, 'ating o appraisal or to any examination provided for herein Cancellation This policy shall be cancelled ot any time 56 of policy. 57 at the request of the insured, in which ccse fhis Company shall, upon demand and sur- 53 'ender of this policy, refund rhe excess cf paid premium above : 9 `he customary short rates for rhe expired time, This pol oO icy may be canceled ot anv *ime by this Company bv giving 61 ro rhe injured a ten days' written notice of cancellation with 62 or wifhout tender cf the excess of paid premium above the pro 63 rata premium for the f<p.red t-me, which excess, if not ten 64 dered shall be refunded cr. demand Notice of cancellation shall 55 state that said excess premium (if not tendered) will be re 66 funded on demand 67 Pro rafo liability, "ms Company shall net be liable for a greater 63 proportion of any loss than the amount 69 hereby insured shall bear to the whole insurance covering the property age-nst the peril involved, whether collectible 71 r. r r.: r 72 Requirements in The insured shall give immediate written 73 cose loss occurs. notice to this Company of any loss, protect 74 `he preoerty from further damage, forthwith 75 separate the damaged and undemoged personal property, put 76 it m the best possible order, furnish a complete inventory of tue 77 destroyed, damaged ond undamaged property, showing ,n detail 78 quantities, cosis. actucl cash value end amount cf 'oss claimed, 79 ond within ninety-one days after the loss, unless such time is 80 extended in writing by this Company, the insured shall render 8 I to this Company o proof of loss, signed and sworn ro bv 'he 82 insured, stating the knowledge and belief of the insured cs to 82 the following rhe time and origin of the loss, the interest of *he 34 insured and of aif ethers m the property, the actual cosh value of 85 each item thereof end the amount of fcss thereto, all encum. 86 brances thereon, ail other contracts cf insurance, .vhe'Her ,cd 87 or roh covering any cf said preoerty. any changes ,n 'He t - e 83 u.e. cccupaf.:n -zeohen ooscess-cn cr exposures cf :ad O'tc- 89 erty smee the issuing of this poiiCy, by whom ond #0r wrji 90 purpose any budding herein described a^d the several ports 9! t-'e'-ref were occupied af t^e time of :~ss and whether cr 92 *nrn stood cn lecied gr:^nd, ond .hall fur" sh a coov cf o 1 r 93 descriptions end s.hedu'cs .n a;l -: c es and f 'equired. sr t t d 94 c or-, and specifications c- any budding. ^-x'^'es mac^ -"cry 95 destroyed cr dameged The insured, os cf*cr' os may be rocs:~- 96 ably required shall exhibit ta any cersc"' designated ov 97 Company all 'hot remains cf any oroperty he-cn deser ted o"d 98 ?'jbmif to examinations u^der 03'^ bv anv person ncmed b` " 99 Compcnv, a^d eubscripo *he same, and as often as me. 100 -`.cicnablv required. sua`1 orrducc far examira*i-.n a'l b::-- 101 account, b.hs ".dees end ether vouchers, or c-c-ufied cco s i 02 '"vc of f zngma's oe 'zit or vuch rec-oneb'e *.r.'c and o'ac: ,, ; 03 ''t, be des gnQ'cd bv 'h s Carrpony or *, rcpr:--..:"*ati. :"d 104 -hoi1 permit extracts onp c'.o.e. 'hereof *: oe -"ede !05 Appraisal. 'n cose '"e msuTd and fU s 7 t mjc "v :-;i i 06 1 07 'he omcjrf cf 'ail ta .agree :s "o fhe each v o 'hen the f*en demand c; either . ; 103 *.na,l e:cct a competent disinterested cccra--cr c^c 109 the cfher of the appraisei selected with n `wc-t, covs a* -^ch I 10 demand The appraisers ;nqi! first se'ect a cempe'enr pnj do 111 interested umpire; end fc-ng for fifteen dev s rc agree jc;' I 12 such umpire, then, cr request cf the insured or this Comp:-/ 1 13 such umpire shall be se!ec*ed by a iudge of a district court a I 14 1 I5 1 16 I 17 lud'Cial district where the oss occurred, The aporaisers s^: I then appraise the icss, siting separately actual cash value c~d `oss tp each item; and, fading ro agree, shod submit rhejr d fferences, only to the umpire An award m writing, so item,jed 1 18 cf any two when fded with this Comoar.v $ho 1 determine (he 1 19 amount of actual cash value and loss Each opor0'ser she1' oe 120 paid by the party selecting him ond the expenses 'J cpcrpisoi 121 jr*d umpire shall be poid bv `he parties eauallv 122 Company's It shall *be optional with th,s Company to 123 options. take all, or anv part, of the oroperty at 'he 124 agreed or appraised va!ue. end also to '? 125 pair, rebuild or replace the property destroyed or demaged w.h 126 other of like kind end quaVy within a reasonable time on g 127 mg notice of its mention so to do within thirty days after ,ue I 28 receipt of the proof of loss herein required 129 Abandonment. ' There can be no abandonment to this Ccm- 130 - -vv-pany cf any property 131 When loss The amount of loss for which this Comoany 132 poyable. 133 may be liable shall be payable sixty dav; after proof of less, as herem provided, -s 134 received by this Company and ascertainment cf the icss is mode 135 either by agreement between the insured and this Comoanv ex- 1 36 pressed in writing cr by the filing with this Company of an 137 award as herein provided. 138 Suit. No suit or action on this policy for the recov- 1 39 ery of any c'aim shall be sustainable in qnv 140 court cf law or equity unless ail the requirements of this pc'io 141 shall have been complied with, and unless commenced withm 142 two years and one dey next after cause of action accrues I 4 3 Subrogation. 144 TH is Comoany may require frem the insured an assignment of c'l riqht of recovery agam-r 145 any oarty for loss to the extent that payment therefor is made 146 by this Company The insured may not, except it be m writing 147 executed prior to the loss, waive his right of recovery frem any I 48 porty \( irvoir.vnc-' undor this nolics He m.ule bv a rmitu.ll or ,inv other companv h.nnu! iptit.il ircul.itionx J.iwfnUv .ippliccihle to its orc.inirntinti, n*rml)t'nliip bs-lpsi. r,'i,C'- nr policies nr c'nlr.icM of insurance which would nt ,in\ m.tni'cr \tnpt such compnnv frnni ,mv tnmlilt.mii' of this nnluv nr which wnrdd frrvt nr th.nnce ,mv V"n<lihr'ni s' nf this policv whether such r\emptnnio or channels' relate h* preininni payment, assessments, or anv >tlu'r pcrforni.inve hi rcumler. smh spoti.il recul.iti'*ns which arc lawfully applicable are printed hrm-n r atta< lied hon`t*i as enclnrscmcuts. \rticlc r n. Prtlicv a Linuidated Demand. A fire insurance policv. in rise nf a total loss bv fire of property insured, shall he held and considered to be 1 Inundated demand acainst the O-mpanv for the full amount of such polio. The pmsisions i>f this \rticlc shall not apply to personal property rv (2) UTEX 000575 FORM NO. TxCMP-18 Effective January 1, 1975 TCMP--GENERAL SCHEDULE--SECTION H 1 TiCMP 200, TMP Liability Insurance Form Description of Hazards and 1.orations 9 TxCMP-202, Comprehensive General Liability Insurance Endorsement The rating classifications herein, except as specifically pro* vided elsewhere, do not modify any of the provisions of the policy. Code No. Premium Bases t Rates B.I. P.D. Advance Premiums B.I. P.D. (a) Premises--Operations fb) Escalators (c) Independent Contractors--Let or Sublet Work (d) Completed Operations (e) Products (a) Area (Sq. Ft.) (b) Frontage (c) Remuneration (d> Number Insured (e) Cost (!) Receipts (%) Sales (a) Per 100 Sq. Ft. of Area (b) Per Linear Foot (c) Per 9100 of Remuneration (d) Per Landing (e) Per S100 of Cost (f) Per 91.000 of Receipts (g) Per 91,000 of Sales * If Single Limit, Use B.I. Column. Include Premium for Premises Medical Payment Insurance in B.I. Column. a)Plastic or Rubber Goods Mfg.household type........................................................... 307' >5 c)2,86! , 800 Inc 1 ided Machine Shops............................................... 399' >6 c)75,8 8 Inc 1 ided Carpentry.......................................................... 175: (5 Inc 1 ided Masonry Work.................................................. 174: 15 Inc 1 ided Concrete Cons truetion-inclading foundations, making, setting up or taking down forms, scaffolds, false-work or concrete distrib uting apparatus.......................................... 177- .5 Inc 1 ided Painting............................................................. 172: >5 Inc 1 ided C) Construction Operations-contractor (not railroads)-excluding operations on board ships................ 162< H E)lf An y Inc 1 ided e) Plastic or Rubber Goods Mfg.-... 30 7 < 2 c) 16,00 0,000 Inc 1 ided Vacant Land-excluding real estat 3 development property....................................... 551 >0 Humble, Texas a)3283 ft. fro ntage Weimer, Texas a)5259 ft. fro ntage Inc I ided Inc 1 aded 1511 Upland Houston, Texas Inc 1 ided tDescribe premium bases, if other than stated. Prescribed by the State Board of Insurance Form TxCMP-18, Effective January 1, 1975 TCMP--GENERAL SCHEDULE--SECTION II UTEX 000576 Effective January 1,1975 JuvounatLAltiN 1 Location of premises, as stated in the Declarations, is extended to include the following and insurance is provided with respect to those premises described below and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all the terms of this policy including forms and endorsements made a part hereof: Dtv. No. Lee. No. BUg. No. LOCATION OP PREMISES (Address. City, Stats) COVERAGE SECTION I Forms and Endorsements Applicable Coinsurance Percentage Applicable Limits of Liability (1) l l l On the 1 & 2 story, Gasket SFR-WR Bldg. #1 (Main Mfg. Plant) located on Utex St., in part of Robert M. Johnson Survey & H. Austin 5 League A4, Colorado County, Weimar, Texas File UTE 10 1000, Occupancy Gasket Mfg. Bldg. 100 sox 2,051,12: 121 ,4 > /1 / c r, A ' 1 , , ir 1 - l l l On contents in Bldg. Gasket #1 Mfg. Contents 100 121 80% ;2t8-7-2-,-9A-; l l 2 On 1 & 2 SFR-WR Bldg. Basket Bldg. 100 80% 226,80(> #2~located on above Mfg. & 121 described premises solvent UTE-10-1000 A recovery (Friction bldg. ) l l 2 On contents in Bldg. #2 " Contents 100 121 80% 134,48:: ll 3 On one story, NC-ICM Gasket Bldg. 100 80% 16,80( Bldg. #3 UTE 10-1000 B Mfg. & 121 located on above solvent ' described premises recovery li 3 On contents Bldg. #3 11 M Contents 100 . 80% 131,4i: 121 ll 4 On one story, SFR-WR Boiler Bldg. 100 80% 31,92( Bldg. H4 Boiler House House 121 (hot oil) (hot oil) ll 4 Contents in Bldg. #4 Boiler Contents 100 80% 15,411 House 121 ll 5 On one & two story, Hollow-tile Bldg. $5 UTE 10-1000D located on above premises Warehouse Bldg. 100 . 121 80% 294,00C ll 5 On contents in Bldg. #5 j> i r-A v ' - V Warehouse Contents 100 i 121 80% 1,411,23: ^Prescribed by the State Board of Insurance Form TxMP-22, Effective January 1,1975 UTEX 000577 k* - - ' FORM NO. TxMP-22 Effective January 1,1975 TMP--SUPPLEMENTAL DECLARATIONS ENDORSEMENT Location of premises, as stated in the Declarations, is extended to include the following and insurance is provided with respect to those premises described below and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all the terms of this policy including forms and endorsements made a part hereof; Div. r^w. Bidg. No. No. No. LOCATION OF PREMISES (Address. City* State) COVERAGE SECTION I Forms and Applicable Coinsurance Percentage Applicable Limits of Lia(b$i)lity l l 6 On one story "S" Bldg. Plastic Ildg. #6 UTE 10-1000 E. Gaske t located on above Mfg . premises 100 121 l l 6 On contents Bldg. #6 Contents 100 121 l l 7 On the 1&1-2-S Bldg. No. 7 (Rubber Mfg.) UTE-10-1000 F located on above premises Rubber Mfg. ildg. 100 121 l l 7 Contents in Bldg. 7 Rubber Mfg. lontents 100 121 l l 8 On the ICM Bldg. #8 Rubber UTE-10-1000 G located Mfg. on above premises ] ildg. 100 121 l l 8 On contents in Bldg. #8 11 < .ontents 100 121 l 2 1 On the 1=2&2 SFR-WR Office located at 10810 Katy Freeway, Houston, Texas (KAT-50-10810) I ldg . 100 121 l 2 1 Contents at 10810 Katy Freeway Office ( ontents 100 121 l 2 2 Warehouse Building 10810 Katy Freeway Warehouse ldg . 100 121 l 2 2 Contents Warehouse 10810 Katy Freeway Warehouse C ontents 100 121 l 4 1 Dn SFR-SWR 4achine E ldg . 3an Benito Industrial Shop Park, San Benito, Texas 100 121 l 4 1 Contents in Bldg. San Benito Industrial Park, San Benito, Texas C ontents 100 121 l Vr s Slanket Earnings See form 140 80% 67,200 80% 80% 198,470 146,966 80% 709,862 80% 280,388 80% L, 181,333 80% L, 713 , 393 80% 611,690 80% 40,920 . 80% 3,807. 80% .,181,171 80% 965,902 50% 8,115,038 Prescribed by the State Board of Insurance Form TxMP-22, Effective January 1,1975 UTEX 000578 FORM NO. TxMP-22 Effective January 1, 1975 TMP--SUPPLEMENTAL DECLARATIONS ENDORSEMENT Location of premise*, as stated in the Declarations, is extended to include the following and insurance is provided with respect to those premises described below and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all the terms of this policy including farms and endorsements made a part hereof: Div. No. Lee. No. Bid* No. LOCATION OF PREMISES (Address* City. State) OCCUPANCY COVERAGE SECTION I Forms and Endorsements Applicable Coinsnrance Percentage Applicable Limits of Liability ($) Builders Risk 1511 Upland Houston, Texas Builders Risk 103 100% 420,000 Prescribed by the State Board of Insurance Form TxMP-22, Effective January 1,1975 UTEX 000579 fr OHM NO. TxMP-140 Effective May 1, 1980 TMP--GROSS EARNINGS ENDORSEMENT LOCATION OF PREMISES Loc. No. Bldg. No. SECTION I FORMS AND ENDORSEMENTS APPLICABLE COINSURANCE CLAUSE PERCENTAGE LIMIT OF LIABILITY Various as shown on form 22 Various as shown on form 22 100-121 50 $8,115,038.00 1. Subject to all the provisions and stipulations otherwise applicable to Section I of this policy, except the Coinsurance Clause; and the Loss Deductible Clauses, unless specifically provided by Form TxMP-173 attached hereto, this policy is extended to insure against loss resulting directly from necessary interruption of business caused by the perils uisured against damaging or destroy.ng, during the policy period, real or personal property (except finished stock) at the premises described in this endorsement, sublet to the limit of liability specified above for the premises at which the damage or destruction occurs. For the purposes of this insurance, "perils insured against" shall mean the perils, as defined and limited in the forms ana endorsements listed above, for each premises specified and also subject to tire provisions of this endorsement 2. The Company shall be liable for: a. the actual loss sustained by the insured resulting directly from necessary interruption of business, but not exceeding the reduction in gross earnings less charges and expenses which do not necessarily continue during the interruption of business, for only such length of time as would be required with the exercise of due diligence and dispatch to rebuild, repair or replace such part of the property herein described as has been damaged or destroyed commencing with the date of such damage or destruction and not limited by the date of expiration of this policy. Due consideration shall lie given to the continuation of normal charges and expenses, including payroll expense, to the extent necessary to resume operations of the insured with the same quality of service which existed immediately pre ceding the loss; and b. the actual loss sustained by the insured, resulting directly from an interruption of business as covered hereunder, during the length of time, not exceeding two consecutive weeks, when, as a direct result of damage to or destruction of property adjacent to the premises herein described by the peril(s) insured against, access to such described premises is specifically prohibited by order of civil authority; and c. loss resulting from damage to or destruction of media for, or programming records pertaining to, electronic data processing or elec tronically controlled equipment, including data thereon, by tne perils insured against. The length of time for which this Company shall be liable hereunder shall not exceed-- (1) 30 consecutive calendar days; or (2) the length of time that would be required to rebuild, repair or replace such other property herein described as has been damaged or destroyed; whichever is the greater length of time. d. such expenses as are necessarily incurred for the purpose of reducing loss under diis endorsement (except expense incurred to extinguish a fire), and such expenses, in excess of normal, as wo aid necessarily be incurred in replacing any finished stock used by the insured to reduce loss but in no event shall the aggregate of such expenses exceed the amount by which the loss under this endorsement is thereby reduced. Such expenses shall not be subject to the application of the Coinsurance Clause. 3. Resumption of Operations; It is a condition of this insurance that if die insured could reduce the loss resulting from the interruption of business: a. by complete or partial resumption of operation of the property herein described, whether damaged or not, or b. by making use of merchandise or other property at the loca tions described herein or elsewhere, or c. by making use of stock (raw, in process or finished) at the locations described herein or elsewhere, such reductiou shall be taken into account in arriving at the amount of loss hereunder. 4. Coinsurance Clause: The Company shall not be liable for a greater proportion of any loss than the limit of liability specified above bears to the amount produced by multiplying the Coinsurance Clause Percentage specified above by the Gross Earnings that would have been earned (had no loss occurred) during the 12 months immediately following the date of damage to or destruction of the described property. This Endorsement must be attached to Change Endorsement TxMP-20 when issued after the Policy is written. Prescribed by the State Board of Insurance Form TxMP-140, Effective May 1, 1980 UTEX 000580 Page 1 of 2 5. Defintions: a. For the purposes of this insurance, "gross earnings" are defined as the sum of: (1) total net sales value of production, and (2) total net sales of merchandise, and (3) other eamings derived from operations of the business, less the cost of: (4) raw stock from which such production is derived, and (5) supplies consisting of materials consumed directly in the conversion of such raw stock into finished stock or in supplying the services sold by the insured, and (6) merchandise sold, including packaging materials therefor, and (7) services purchased from outsiders (not employees of the insured) for resale which do not continue under contract. No other costs shall be deducted in determining gross earnings. In determining gross earnings, due consideration shall be given to the experience of the business before the date of damage or destruc tion and the probable experience thereafter had no loss occurred. b. The term "directly," as applied to loss under this endorsement, means loss, as limited and conditioned in this policy, resulting from direct loss to described property from the penis insured against. c. "Normal ': the condition that would have existed had no loss occurred. d. "Raw stock": material in the state in which the insured receives it for conversion by the insured into finished stock. e. "Stock in process": raw stock which has undergone any aging, seasoning, mechanical or other process of manufacture at the locations herem described but which has not become finished stock. f. "Finished stuck": stock manufactured by the insured which in the ordinary course of the insured's business is ready for packing, ship ment or sale. g. "Merchandise": goods kept for sale by the insured which are not the product of manufacturing operations conducted by the insured. 6. Alterations and New Buildings: Permission granted to make alterations in or to construct additions to any building described herein and to construct new hu.Icings on the described premises. This endorsement is extended to coxer, subject to all its prosisions and stipulations, loss resulting from damage to or destruction of such alterations, additions or new buildings while in course of construction and when completed or occupied provided that, injhe event of damage to or destruction of such property (including building materials, supplies, machinery or equip ment incident to such construction or occupancy while on the described premises or within 100 feet thereof) so as to delay commencement of business operations of the insured, the length of time for which the Company shall be liable shall be determined as otherwise provided herein but such determined length of time shall be applied and the loss hereunder calculated from the date that business operations would have begun had no damage or destruction occurred. 7. Additional Exclusions and Limitations: a. The Company shall net be liable for any increase of loss which may be occasioned by: (1) enforcement of any local or state ordinance or law regulating construction, repair or demolition of buildings or structures, (2) interference at the described premises by strikers or other persons with rebuilding, repairing or replacing the property or with the resumption or continuation of business. (3) the suspension, lapse or cancellation of any lease, license, contract or order unless such suspension, lapse or cancellation results di rectly from the interruption of business, and then the Company shall be liable for only such loss as affects the insured's earnings during, and limited to, the period of indemnity covered under this policy. b. The Company shall not be liable for: (1) more than the limit of liability set forth above for each premises, (2) any other consequential or remote loss. c. The Company shall not be liable for loss resulting from: (1) damage to or destruction of finished stock, nor for the time required to reproduce said finished stock, (2) theft nf any property which at the time of loss is not an integral part of a building or structure (except direct loss by pillage and looting occurrinc' during ,md at the immediate place of a riot or civil commotion), unless loss by a peril not excluded in this policy ensues from theft or attempted theft, and then this Company shall be liable for only such ensuing loss. 8. Requirements in Case Loss Occurs: The insured shall give immediate written notice to the Company of any business interruption loss as covered by this pohev and protect the property from further damage that might result in extension of the period of interruption: and within 91 d-vs following the date of damage to or destruction of the real or personal property described, unless such time is extended in writing by the Company, the insured shall render to the Company a proof of loss, signed and sworn to by the insured, stating the knowledge and belief of tho insured as to the following: a. the time and origin of the property damage or destruction causing the interruption of business, b. the interest of the insured and of all others in the business, c. all other contracts of insurance, whether valid or not, covering in any manner the loss insured against by this policy, d. any changes in the title, nature, location, encumbrance or possession of said business since the issuing of this policy, and e. by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of damage or destruction, and shall furnish a copy of all the descriptions and schedules in all policies, and the actual amount of business interruption value and loss claimed, accompanied by detailed exhibits of all values, costs and estimates upon which such amounts are based. The insured, as often ns may he reasonably required, shall exhibit to any person designated by the Company all that remains of any property herein described, and submit to examinations under oath bv any person named by the Company, and subscribe the same; and, as often as may be reasonable require:!, shall p-oduce for examination all books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representative, and shall permit extracts and copies thereof to be made. Prescribed by the State Board of Insurance Form TxMP-140, Effective May 1, 1980 l'age 2 of 2 UTEX 000581 A vyti.fl .Ivy# IJt Effective August 1, 1980 vimnytiiatnuun Atiu/un I'lUlVfttfl'IIiHAL tlXUUlUtMtiH 1-MAINDATOHI i 1 Attached to and forming part of Policy No......A.JKUL..23JQ....... ___-F ar t Worth ................E.o.r......W.o.r.jtk,__Jjtaa_ .........issued at its....... Dated..... AUvS.U.a.t....l.,.....L2.8.3................. Houston C. COBB & COMPANY It is understood and agreed that any provision relating to written notice of cancellation or non-renewal with respect to the mort gagee, applies only to the mortgagee specifically named in the policy and the company is not required to give written notice of cancellation or non-renewal to any successor or assignee of the mortgagee specifically named in the policy. This endorsement must be attached to all Texas Standard Policies, Texas Standard Farm Policies, Texas Standard Homeowners Poucies, Texas Standard Farm and Ranch Owners Policies and Texas Multi-Peril Policies. Prescribed by the State Board of Insurance. Form No. 134--Cancellation and/or Nou-Renewal Endorsement--Mandatory Effective August 1,1980 UTEX 000582 FORM NO. TiCMP-178 Effective October 1, 1981 TCMP--LARGE DEDUCTIBLE ENDORSEMENT (Applicable to Section I Only) This deductible endorsement is applicable to: 9 PROPERTY DAMACE COVERACE 8 TIME ELEMENT COVERAGE (An x should be inserted in the applicable block to indicate the coverage to which this deductible applies or in both blocks if a deductible is applicable to both coverages). The Deductible Clause appearing in the form(s) attached to this policy is hereby deleted and the following substituted therefor: 1. Each claim for loss or damage (separately occurring) shall be adjusted separately and from each such adjusted claim the sum of 8 5 , Q Q Q shall be deducted. 2. The deductible specified above shall apply separately to each: 8 Occurrence: The term "Occurrence" shall be held to mean a single incident or event. When, however, the term "Occurrence" shall apply to loss or losses from windstorm if insured hereunder, it shall bo held to mean a period of 48 consecutive hours. Location: The term "Location" insofar as such property is insured hereunder, shall be held to mean: (a) Each building, including contents thereof, to the extent they are insured hereunder, or (b) A number of buildings including their contents, in a single group, and designated as a single location in this policy, or (c) Any other basis mutually agreed upon if specifically indicated hereunder. In the case of a policy written to cover more than one location subject to a deductible such locations will be designated in the policy. Loc. No. (Item) The term Loc. No. (Item) shall be held to mean the individual descriptions of the property insured and designated by the term Loc. No. 1 (Item 1), Loc. No. 2 (Item 2), etc., on the policy. NOTE: It is a condition of this policy that in addition to the application of the deductible as stated in number 2 above, if this endorse ment is applicable to both property damage coverage ana time element coverage, this deductible shall apply separately to each cov erage unless this deductible is on an Occurrence basis. If this deductible is on an Occurrence basis, only one deductible shall apply to both property damage coverage and time element coverage. 3. It is a condition of this policy that the deductible amount specified shall be solely at the risk of the insured, and shall not be covered under any other policy of insurance, except as provided in Paragraph 4. 4. Other insurance is permitted during the term of this policy, as follows: Insurance written upon the same property, perils, terms, conditions and provisions contained in this policy including this deductible endorse ment [$..................................other insurance at inception of this policy]; or. Insurance specifically disclosed as follows, or by endorsement attached: Amount or Limit of Liability Piopesty Covered--Location Deductible ........................................................................................................................................... .................... If there is any other insurance (whether collectible or not) except as permitted above, the full deductible amount applicable under this de ductible endorsement shall apply to the amount of the loss apportioned to this policy and to such other insurance as permitted above. 5. It is a condition of this policy that any coinsurance, contribution, average or distribution clause, which may be a part hereof, shall apply to the full value of the property insured, without reduction far the amount of the deductible specified herein, and that such deductible shall apply after any penalty has been assessed by the application of such coinsurance, contribution, average or distribution clause. 6. In the event of any recovery and/or salvage cm a loss which has been or is being or is about to be paid hereunder, such recovery and/or salvage shall accrue entirely to the benefit of this company under this policy until the sum paid by them has been made up. This Endorsement must be attached to Change Endorsement TxCMP-20 when issued after the Policy is written. Prescribed by the State Board of Insurance Form TxCMP-178, Effective October 1,1981 UTEX 000583 'Jr FORM NO. TxMP-121 Effective May 1, 1978 TMP--VANDALISM OR MALICIOUS MISCHIEF ENDORSEMENT PROPERTY COVERED 8 Coverage A--Building(s) g Coverage B--Personal Property Subject to all the provisions and stipulations otherwise applicable to Section I of this policy of which this endorsement is made a part, except as otherwise provided for herein, the following perils axe added to and made part of the "Penis Insured Against" section of the fonns of which this endorsement is made a part with respect to the coverage specified by an "X" in the appropriate box above. Vandalism or Malicious Mischief: Loss by vandalism or malicious mischief shall moan only the wilful and malicious damage to or destruction of the property covered, including direct structural damage to the building(s) covered hereunder resulting from burglary; provided, however, such damage resulting from burglary shall not include, nor shall this Company be liable for. the value or replacement of any property, real or personal, including integral structural parts, permanent fixtures and/or contents of the insured building(s) which are wrongfully and un lawfully removel from the premises. The Company shall not be liable, as respects these perils, for any loss: 1. to glass (other than glass building blocks) constituting a part of a building; 2. by explosion, rupture, cr bursting of steam hcilcrs, steam pipes, steam turbines, steam engines, or rotating parts of machines or machinery owned, operated or controlled by the insured; 3. caused bv or resulting from power, heating or cooling failure unless such failure results from physical damage to power, heating or cool ing equipment situated on premises where the property covered is located; 4. if the described buildings had been vacant beyond a period of 30 consecutive days immediately preceding the loss, whether or not such period commenced prior to the inception of this endorsement. NOTE: A building in process of construction shall not be deemed vacant. This Endorsement must be attached to Change Endorsement TxMP-20 when issued after the Policy is written. Prescribed by the State Board of Insurance Form TxMP-121, Effective May 1, 1978 UTEX 000584 FORM NO. TxCMP-21A Effective October 1, 1982 TCMP--LIABILITY COVERAGE--SECTION II MANDATORY ENDORSEMENT It is understood and agreed that the Liability Coverage-Section II as shown on the Declaration page 1 of this policy under Item 5, is amended as follows. SECTION II LIABILITY COVERAGE ! % 500 $ 1 (1(1 |S !$ 000 000 LIMIT OF LIABILITY 1 COVERAGE each occurrence * 500,000 aggregate C. Bodily Injury Liability each occurrence * 100,000 aggregate C. Property Damage Liability each person $ each accident D. Premises Medical Payments Addl. Cov. (Specify) $ SECTION II LIABILITY COVERAGE All other provisions and stipulations of this policy remain unchanged. VOTE. This endorsement is not required to be attached to any Texas Commercial Multi-Peril Policy which has incorporated the above change into the Declaration page I of the policy. Prescribed by the State Board of Insurance FORM NO. TxCMP-21A--TCMP-LLABILITY COVERACE-SECTION II MANDATORY ENDORSEMENT-EFFECTIVE OCTOBER I, 1982 UTEX 000585 Name of Insured- Utex Industries, Inc., and Zenox, Inc. A Wholly uwnea Subsidiary of Utex Industries, Inc. and Xentex, Inc., A Subsidiary of Utex HOST LIQUOR LAW LIABILITY COVERAGE Exclusion "h" does not apply to liability imposed on the Insured or his indemnitee as the result of the giving or serving alcoholic beverage at functions incidental to the NAMED INSURED'S business, provided the NAMED INSURED is not engaged in the business of manufacturing, distributing, selling or serving of an alcoholic Beverage and provided further that there has been no intentional violation of any statute, regulation, or ordiance committed by or at the direction of the NAMED INSURED. PREMIUM FOR THIS ENDORSEMENT: BI 13,00 PD 6.00 All other terms and conditions remain unchanged. Date at Hnua tna,--Texas C. COBB & COMPANY hi. lat__da7 at--August ______196JLL ----------------------------- Roberta k Rhea, Tcxaa Manacera. A tent. UTEX 000586 UA81LITY (The Attaching Odute need be competed only when thu endorsement is issued subsequent to preparation of the pottcyI CL 03 00 C 604 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS'AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective August 1 , 1983 (12:01 A. M,, standard time) . forms a part of policy No. 4 001 2 30 issued to by Utex Industries, Inc., and Zenox, Inc. A Wholly Owned Subsidiary of Utex Industries, Inc. and Xentex, Inc., A Subsidiary of Utex FORT WORTH LLOYDS _________ C. COBB & COMPANY Authorized Representative Amount and-lasis of Deductible S per claim S per occurrence S 50 00 per claim S per occurrence SCHEDULE lodily Injury Liability Property Damage liabiity Coverage APPLICATION OF ENDORSEMENT (Enter here any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to all loss however caused): MANUFACTORIES AND CONTRACTORS LIABILITY PRODUCTS & COMPLETED OPERATIONS LIABILITY It is agreed that: 1. The company's obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on behalf of the insured applies only to the amount of damages in excess of any deductible amounts stated in the schedule above as applicable to such coverages. 2. The deductible amounts stated in the schedule apply as follows: (a) PER CLAIM BASIS--If the deductible is on a "per claim" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of bodily injury sustained by one person, or to all property damage sustained by one person or organization, as the result of any one occurrence. (b) PER OCCURRENCE BASIS-lf the deductible is on a "per occurrence" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of all bodily injury or property damage as the result of any one occurrence. 3. The terms of the policy, including those with respect to (a) the company's rights and duties vyith respect to the defense of suits and (b) the insured's duties in the event of an occurrence apply irrespective of the application of the deductible amount. 4. The company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company. R5-73 (5-81) UTEX 000587 PORM NO. TiOff>l each* I U 1B TEXAS COMMERCIAL MULTI*PERIL BROAD FORM COMPREHENSIVE GENERAL LIARHITT ENDORSEMENT I to Quags f t T<CMF-20 when Osaod tokra the Policy is wnftam TCMF UA1ILITT WSVIANOI TCMF COMPREHENSIVE GENERAL LIABILITY INSURANCE NAMED INSURED .... ......................... .......... ........ la o--Idittaa of the additional ptaiultan qf dmMDl to mode pvt. tad subject to *11 the t ................. . to raltonco opoto Ac tort--Dto to the Doctarattone to the policy to whfch tl a of this imdfMwricto. the Company agora with the aamd Insured follows: SCHEDULE L CONTRACTUAL LIABILITY COVERAGE (A) The taflaitiao to todtantai wtonci to extended to todode any contract or eg--cot relating to the oondoct to the earned to* (B)Tbe Insurance afforded with reaped to liaMtty assumed ander an hiiiiiiinfl iiwtraat la rubiect to the following additional es- (1) to bodily tofcay for which the 1 baa assianed liability under any tf mch injury er g occurred prim to the to thetaf- (S) tf the bowed to m architect, irngJnora or sravoyra, to bodfly tojray property dtoag artatog oat of the rendering or failure to loader pcrfeertonol rerviow by ra (a) the preparation or approval to maps, drawing, opinion* reperto. aurvoya. change orders, drrigne or niitifaertnna, and (b) supervisory, iacpoctlon or miglii--lag aarvlcw} ) tf the tadaomtao of tho (named to es ardritoct. eogtooar or surveyor, to tho bohihty of tho indemnitee, his apaott or ean* ployoee, anriag oat to (a) the preparation or approval or tho faihno to propoao or (b) the gtvtngto or the failwe to give dtoocttaae or tnrtroo* bone by tho indemnitee, ble egento ar araptoyeao, pew vided mch ghtog ra feilvo to gh* to tho primary coon of tho bodffy tojray or property draoege. (4) to any "*Hg<-- far which tho bmtol may bo hold Usbto la an action on a contract by a third party bonafjrlary far bodfly tojory ar property daraepe artotap ont of a project for a public audacity: out this exduaioo dora aot apply to an action by tho public authority or any other panan or arprd ration capped hi the project to bodfly tojrar or property damage aririag ont dopram tioasi wtofato St foot d aoy railroad property, affattag eay railroad bridpa or tsoada. trader, roadbeds. tuarari, wider* poa or craaatag; but thie raheito door aot apply to ridr track agnomen*. JO The faflowiopradurtrae ipplicoMo to Bodily lafwy Cramps rad Property Damage Cramps do aot apply to thie Contractual Liability Coverage: (o), (c) (O, (d) rod (a). (D) The foOowtop addfftatol condition apptiea; Tho ccrapoay shall bo aotittod to eweriso afl of tho toeraofa rights in tho ohotoo of aridhtours and to tho conduct to any arid- IL PERSONAL INJURY AND ADVERTISING INJURY LIABILITY COVERACS (A) Tho oanpaay wtO poy an befaoif of tho bamed afl me which tho bamed tall boecraa legally ohMgrtod to poy ae dainapto bacarao of panonto tojray or rfleralitag tojray to which this tomimne applies, ootilned by eay person or mufratim end eririag ont of the conduct of tho orated tosmed'r burinrra, with* la tho pokey Iraiflraj applicable to Section Q, ead tho company dwil rave tho right and duty to defend eay tat p|w tho to emed aetata daaopes on acooaat of inch Iaimy, even tf eay of the allegations of tho suit an gmauflaaa, falsa or fraudulent, rad any mtao mch Investigation tod settlement of say data or tat as rf dome expedient, bat tho company dial! not bo obti- ratod to pay any ctota or fadgmeat or to defend aoy m eapplicable ttndt to tho company's ttoUHty bra boon e edIbbyy payment <tf indgments or settiemente. (B)Thie iasuraiioe < (1) to Uabiltty by tho <1) to praranto totar or advartitag tojory eririag mt to tho wilful vioiotiaa at a penal statute or ordinance oommittad by or with tho kattwlodge or consent to the toernod, 0) to panonto tojray or advtiatop tofrav ariateg ont to a puhn***tiy^ at *--' to s libto or deader, or a poblkotino or uttoranco ia viobdoa to aa iadhridosTi right to privacy, tf the fint lajraioua publicstioo or uttersolo to the rame ra tatora aotorito by or on behalf to tho raraod toaorod was aada prior to tho tofectfve date to this ton--; M to paaranto tojray or advratlatog tojavy aritag ont to Ubnf dataar or the p-m---- or uttoimaca to defametnry er die* p--jpp Butatal CHQtwrniitg aay perm or orgatorifon or gooik. products or rsrvioss, at la violaHon to aa iadfvidnaft rigit of privacy, mads by or at tho dlractiaa to the (named with Imoertodge to the famty thraaof; (8) to paeranol tojray or nli ntbtog tojray ariaing oot to tho ctadoct to tsy poituaaddp at Joiat venture to which tho toaraod is a psrtaar er member sad which u oot designated ta the dadsurattons to tho policy a a --ed taemodi (6) to advartitoag tojmy eristog out of (a) failure of performance of contract, but this exciotoon dora sot TOty to tho onaaChcxtad appropriation of ideas baaed upon alleged broach to implied contract, or (b) infringement to * service mark or trade soma, other then tides or slogans, by uae thereto an or in can* section with goods, products or lenders sold, offered far sale at advertised, or (c) Incusmt daacrtption or oetito la ulieiTlral prior to goods, products or rervicee said, tofared far ask or ad* vertfeod; CH with respect to edvertiriag tojory (a) to any toaorod to the boriarae to -t--N mill oat log, puhllditng or telaoaetiag, at <b) to eay tojury eririag out to any act aoamittad by tho - (QLtata to Liability Ragardlm to tho * at (1) toaarai .........n..d...v.,, _(1) rt or organtiattnna who suataia iajury or v (3) datas made ar tats brought m nxouat to psesoato tojmy at odiaetto log latay tho **wT |jgg gj >ii oompsuiy'r Uaoility iada Ae coverago^foLmr a-ll1 - - - -- - - . -d--m*^fl aot a`xc*rad tho Ihta to liability (D) Additional Defiaitiooe 'Advartitag Injray" aaaaa iajray eririag out to an offanas coo* tatttod dratog tho pekey period oteming to tho coraw of tha noraod toarawfa aurarttilng activities, tf such injury ariaee ont to libel, slaadra, defamation, violation to right to privacy, piracy, unfair competition, ra infringement of onpyrigbt, title or slogra. Tananal Itoray" means tojray eririag oot to ono or moro to tha following aflrosea --"<**-< dratap tha pokey period: L film snoot, detention. Impriwinent, ra maUrttma pwoacn* dan; i. aruupful entry or eviction or othra tevarian to the right to pnvmte occupancy} 8. a pnhHrafina or ultrasnua (a) to a liboi or deader or othra iltonnoba) or ifl^raiptop material, ar (b) to violation to ta ladhiduafs right to privacy; escopt publications or uttaranena to the coraw to ai advertising, hroodenatac pahkahiap or talacai doa conducted by or onbehalf to tta named b oot bo doamsd pononal tojray. IIL PREMISES MEDICAL PAYMENTS COVERAGE Coverage D--Premises Medical Payments as contamori to tho TCMP Liability Coverage Puna TiCMr-SOO la hereby delated sad the following tubedtutod therefor Tho cumproy will pay to ra far sock panan who tuetabn badtfy to* fray earned by atadmt all paa--pla raodical npama incurred wtmta ooo yaw from tho dote to tho aceidoot on account to such bodfly tojray. provided suta bodfly tojray arises oot to (a) a condi tion In tho maraud prataaas ar (b) operations with respect to which the named luaraid la afforded coverag for badtfy htfray Habdity under the policy. This iaaanaca does oot apptyi (A) to bodfly tojory (1) arising out to tho ownrariifp, mohsfononco. operattav iron, loodinf or onlnodinp to (a) any aoMmahflo or aiiifaft owned or operated by or rent ed er loaned to aay toaorod, ra (b| aay other amaraafade or aircraft operatod by aay pa-- In tho coraw to his employment by any loomed. bat this -- -- daw aot apply to tho parking to an a aariwa, tf m ' owned by or rented ra leaned to aay h (2) arumg out to (a) tho ownership, maintenance, operation, um. loading or iinloodtng to any aobfle aqotoraent while being used u> any prearranged or orgnrana rncmg, speed ar demoli tion contest or in any ituattng activity or m practice or preparation fra aoy such contest activity, ra (b) the "r--ra mo of aay mawwotta or traitor dw rigaad fra uae (herewith} (S) aritag oot to tha ownanhfp, i f wotarertot owaad ra opraotad by ra rented at loaned aoy other wetemft operated by aay person in tha a to Uiss eemployment by aay toswed; bat thie does nat apply to watercraft while aahraa on tha toaorod pramtas; aririap oot to aad to tho coraw to the transportation to raw bflo agwprasat by aa autowshfla owaad or operatod by r~ ranted or loaned to the Pnoadbad by the State Board to Inavaneo Pa No. TrCMP-MS, Broad Perm r--rohenrivs General Ltobtty Es ; Effective An t l ia UTEX 000588 1 OR to bodfly tefuro (1) inducted wXhte the o|M spsrotians beared or ton petoxti haB^i (2) truing out of operations performed far the nareed immed bp tndepemteot contractors other dun (a) maintenance tad repair of the IfiJ premtom or (b) structural alterations at such premises which do not te- volve changing the am of or moving or other structures; (3) resulting ham the sailing, saving or giving at soy akohaUo beverage (a) in vsolabon at any statute, ordinance or regulation, (b) to a minor, (c) to a penoo under the influence at alcohol, or (d) which cauaes or contributes to the mtoucnttoo of top person, if the named teamed j a person or organization engaged m the busmen of manufacturing, dumbutiag. selling or serving alcoholic beverages, or if not so engaged, is an owner or lenar of premises used for such purposes, but only part (a) of this eiciunon iB) (3) applies when the oeaed insured is such an owner or letter; (4) due to war, whether or not declared, civil war, imurrectioQ, rebellion or revolution, or to any act or condition incident to any at the foregoing; (C) to bodfly tejmy held by the tonred far sale m rrtruatod to too tommd tor itoram to mfefceepmg, (2) except with respect to liability --dm a written ridatoa^ agreement or the ore of devstesi (a) to pwpaty while an premises owned by or rented to the tees--d far the purpose of hevtng operations imfniemd on such pioperty by or an behalf of toe teamed. (b) to tools or eqiapmaot while being used by the teamed in performing his operations, (c) to property in the custody of the iasmod which is to bo installed, erected or used te construction by the teemed. (d) to that particular pert at any property, not an premmee owned by or rented to the teemed. (0 upon which operations are being preformed by or an behalf of the teemed at the time of the property it--ga ansiog out of such operations, or (ii) out of which any prapsiij damage arise*. m liii) the restartbon. repair or replacement of which hoe been made or is necessary by reason of faulty worfc* mandiip thereon by os on behalf of the teemed; (3) with respect to the completed operations heanrd and with respect to any classification stated in the policy or in dm company's manual u "including completed operations", t pioperty damage to worfc performed by the earned i--it arouif out of such worfc or any portion thereof, or out of ruch materials, ports or equipment furnished in connection therewith. (!) to the named insured, any partner therein, any tenant or other person regularly residing on the inured premiaat or any employee or any of the toregcang if the bedily inhay anses out of and in the course of his employment therewith; B. The Brood Form Property Damage Liability Coverage shall be escen insurance over any valid and collectible proper ty insur ance (including any deductible portion thereof) available to the insured, such as. but not limited to, Fire, Extended Coverage, (J) to any other tenant if the bodfly injury occurs on that part of the Injured pssmiiei rented from the named insured or to any employee of such a tenant if the baddy (usury occurs on the tenant s part of the insured premisss and arises out of and in the course of his employment for the tenant; Builder's Risk Coverage or Installation Bisk Coverage, and toe Other insurance Condition applicable to Section U to (he policy is amended as accordingly. VIL INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE (3) to any person while engaged in maintenance and repair of the insured premia or ilteration, demolition or new ccostructino at such premises; (41 to any person if any benefits for such bodily tartar are pay* able or required to be provided under any worker*' compensatxon, unemployment compensation or disability benefits law, or under any similar law, (5) to any person practicing, instructing or participating in any physical training; sport, athletic activity or contest whether on a formal or mrormsJ beat. The definition of bodfly injury is amended to include Incidental Medical Malpractice Injury. Incidental Medical Malpractice Injury means injury anting out of the rendering of or failure to render, during the policy period, the following services: (A) medical surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith: or (B) the furnishing or dispensing of drugs or medical, dental or sm* (0) if the earned Insured is a dub, to any member of the named insured. (7) if the nuntrt insured U a hotel, motel, or tourist comt, to any guest of the n--d Inst--d. This coverage dom not apply to; (1) eipenses incurred by the learned for fint-aid to others at the time of an accident and the "Supplementary Payments* provision and the "Insured's Duties in the Event of Occur <D) to any medical expense for services by the turned insured, any rence. Claim or Suit* Condition are amended accordingly; or employee thereof or any penoo or organization under contract to die named In-->d to provide such sendees. (2) any teamed engaged te the business or occupation of proridinf any at the services described under VII (A) and (B) LIMITS Of LIABILITY The limit of liability for Premises Medical Payments Coverage to 31,000 each person unless otherwise stated in the schedule or thto endoreement. The Limit of liability applicable to "each pus*' to gaged in the Kustanai or omipaften of providing any of the jervices deadrhad under VII (A) and (B) above. the limit of the company's liability for all esedteal expense for bodfly VUL NON-OWNED WATERCRAFT LIABILITY COVERACE hgmy to any one penoo as the result of any one accident; but sub* (--dar 10 feat te ImgthJ K: to the above provision respecting 'each person'*, the total on ly of the company under Premises Medical Payment! Coverage for all iiuifirai expense for bodfly tejmy to two or more persons as the result of any one accident shall not exceed the limit of bodfly tejmy liability stated to the policy m applicable to "each scon Ezdurioo (e) does not apply to any watercraft under 20 feet te length provided such watercraft is oeithcr owned by the named te* sored ear being used to cany persons or property for a charge. Where the insured is, irrespective of this coverare, coveted or pro tected against any las or claim which would otherwise have beaa licy applies to the loss, the y diafl not be liable for me in the amount of the highest applicable Urn* of Uabdfty. paid by the company under this andorssmurt. there shall be no con tribution or participation by this company on the baas of mnaai. contributing, deffdency, concurrent, or double insurance or other* ADDITIONAL WlWmOWI When used herein: "teemed premisss'* means all premises owned by or ranted to too aamod teamed with respect to which the named a--d is afforded oovonge for bodfly tejmy liability aider thto poUey, and tndudm the ways immediately odfriiring on held; BL LOOTED WORLDWIDE LUBOJTT COVERACE The definition of policy tmritery applicable to Section His amended to include the following-. 4. Anywhere in the world with respect to bodfly tejmy, pap* erty damage, personal tejmy or sdvsttising tejmy arising out of the activities at any teemed permanently domiciled te "medical expeaeo" means expeaam for necsttary medical. surgical, the United States of America *iwgfc temporarily iwtfridt the i-ray and dental services, i United States of America, its territories and paaeemfcni or Canada, provided the original rutt for ilsmsgre because of ADDITIONAL CONDITION Medical Bepato. Proof and Payment of Ckha AteaDsgoohnreat toprtahceticcaobmlepatnhye injured writtra person or --nee-- m proof of data, under Ms bahnlf oath If re* qufeea, n any such tejmy or damage is brought within the United Stetee of America, its territories or pomomiaai or Sash tnsmanos as is afforded by para^aph 4. above ihnfl not epptyi (a) to bodfly tejmy or piopwtj dmwns included within the oamphtod operations baaed or the products heard; _____ __ ojured person i ________i by physicians selected by the company when as the company may reasonably require. The nouiyany may pay the injured person or any person m organtesthm reuttering the serviea sad the payment sbunll redoes t payable dm for such tojmr. Paym______________________________________ of liability of any pessa or, except hemmder, of ton company, nr. BOST LIQUOR LAW LiABILITT COVERAGE Exdntoon (1.) dem not apply with respect te Hahillly at the t_____ m his todocmitoe ariring out of the string or serving of aloobolte beverages * functions inrfcteittal to toe named texierefs burinraa. provided the aenmd teamed is not >BrH te the bustems of mean* tacturing, distributing, selling or serving of alcoholic beverages. X. ADDITIONAL PERSONS INSURED As respects baddy tejmy, pioperty . . vertget, under the provision "Persona In* ', the foflowteg are added as teemed* (l) Spouse-Partnership--If the earned teamed 1s a partnerahip, the rpoum of a partner bat only with import to the conduct of the busteen orthe named teamed. (S) Employee-Any employes of the owned Insured while acting within the scope or his duties m such, but the insurance at* forded to such employes dem not apply: (a) to bodfly tejmy or pesmnal tejmy to am . . of the nmef teemed ariring out of or te the course of hit V. FIRE LEGAL LIABILITY COVERAGE-REAL PROPERTY With respect to inupwty dame-- to structures or portions thereof rented to or teased to the named teamed, including fixtures pemnneatly attached thereto, if such property damage arises out of Bret (W to ... to the amsf or, if the nomad teamed is a partnerahip or joint iture, arnr partner or member thereof, or the spot-- of any of the foregoing; (A) All of the eadurions applicable to Section Q of the policy, other (c) to property dttnaga to property owned, orcupied or used then the Nuclear Energy Liability Exchnten (Brand Form), me by, rented to, te the earn, custody or control of or evm deleted and replaced by the fallowing: which phytical control is being cserdsed for any purpose This inimancs does not apply to kafcdtty --wmnd by the te- by another employee of the mmed teamed, or by the earned teamed or, if the mmed teemed is a peifnaaifiip (B)The limit of property d----I Hanot.Ir as respects this Fire Legal Liability Covrrigs Real nopmty k 1504)00 each < unless otherwlae stated in tha Scbadnlt of this c or Jomt venture, any partner or member thmerd or by the sposno <d any of the foregoing. XL EXTENDED BODILY INJURY COVERAGE (OThs Fhe Legal Liability Coverage-Real Property shall be an* The daffnitfai of oneunonoo any intontionel art by or at valid aaaI ceoofflliac"ttbh property teaundue _i thereof), avaflabte to toe he* sroed, such as, but not ____ [..t.o,. Fire., E__x_te_n_d_e_d_ Coven-- Badders Rkfc Covengs or ^RillatiionsRkisk Coverage, ai nd toe the direction of the teamed which results te bodfly tejmy. if such tejmy arises solely from the use of reasonable force far the purpose or m or property, an. AUTOMATIC OOVERACE-NXWLT ACQUIRED Other Insmaace Condition TfHedifa to Sectitiooon H1 aftoe ORGANIZATIONS (90 DAYS) Isa ** J The word teemed toalt torfnde as mmad tewnud any capniration VL BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE (Inriedteg Cemgtetod Operations) The meunncolar property damage Babdfty applies, subject to the following additional provisions: A. TMP Liability exclusions (It) and (o) and TCMF Cansrai Liability exdiamns (i) and (n) are replaced the fnh which is auutered or formed by the earned homed and over whkh the named tesmed "*****-- ownmahlp or majority Interest, other than a joint veoturn, provided tots tasmnnee doss not apply to bo^ `' ottnige, perm--l tejmy end adrertteteg 1 ' with reapoct to which sodi new orgmimtien uadm thh policy to _a_h_a__a_n_i_n_s_u_r_e_d__u_n_d_e_r__a_n,yo__th_m_r__d>_m__i_kr hUiabbthiltttyy or Indemnity penny or would be an insuredd uondemr annyy such policy out for eihamtico at (1) to'property owned or occupied by or rented to the teemed, or, except with respect to the urn of etevnton, to property UIts Ulimateittss of lkieabbailbit'y. T"T*he t1esmanL_______________ ________ __ 90 days from the any such arganteation is euquhnd or fexmad hanhri by the State Beard ef bnnoae by toe FORM NO. TiCMP-MR ftnad Form riwprehi^vs CrosreJ Ltebdhy En t. Effecdro Angnri L 1900 UTEX 000589 Form T\CMP-3l Effective August 1, 1380 TCMP--AMENDATORY ENDORSEMENT--MANDATORY Item (b) of Conditions Suspending or Restricting Insurance as contained on Tage 2, Lines 32, 33 and 34 of the Policy Conditions are hereby amend ed to read as follows: 32 (b) While a described building, whether intended for occupancy 33 by owner or tenant, is vacant beyond a period ot 34 thirty (30) consecutive days: i.r This Endorsement must be attached to Change Endorsement TxCMP-20 when issued after the Policy is written. Prescribed by the State Board of Insurance Form TxCMP-51, Effective August 1 ,1980 UTEX 000590 FORM NO. TxMP-103 Effective February 16, 1976 TMP - SPECIAL BUILDERS' RISK COMPLETED VALUE FORM SECTION I - PROPERTY COVERAGE \\ ith respect to SECTION I--PROPERTY CO\ ERAGE, this form cancels and replaces any coverage provided under any other forms or endorsements made a part of the policy, but only with respect to the property to which this form is shown to be applicable. I. INSURING AGREEMENT This polics insures against all risks of direct physical loss to the property covered, subject to the provisions and stipulations herein and in the poliev of which this form is made a part. II. PROPERTY COVERED CO\ ERAGF, A--Bl'ILDINGiS): This policy covers the building or 'tincture .it the described location while in the course of con'tructiou. including even> thing IcU-ilK .1 part ot the building, all addi tions direct!) attached theieto and .ill fixtures, machine!) and equip ment constituting a permanent part of said building. This poliev -dsn covers temporary structures, materials, equipment and 'Upphes ot ail kinds incident to the construction ot said building in structure and. when not otherwise covered by insurance, builders' machmciv. tools and equipment owned by the insured or similar property of others tor not exceeding the amount tor which the in sured is liable, all while in or on the described buildings, structures or temporary structures, or in the open uncluclmg within vehicles) on the described premises or within 100 feet thereof. DEBRIS REMOVAL: This policy covers expense incurred in the removal of debris ot the property covered hereunder which may be occasioned by loss by a peril insured against. The total amount re coverable for both loss to property and debris removal expense shall not exceed the actual limit ot liability applying at the time >t loss to the item of insurance invoked in the application of this clause. III. PROPERTY SUBJECT TO LIMITATIONS The following property is subject to these additional limitations: A. Plumbing, heating, air conditioning or other equipment or appli ances (except fire protective systems) are not covered against loss caused by or resulting from freezing unless the insured shall have exercised due diligence -with respect to maintaining heat in the buildings or structures or unless Niich equipment and appliances had been drained and the water supply shut off. B. Steam boilers, steam pipes, steam turbines or steam engines are not covered against loss caused by any condition or occurrence within such boilers, pipes, turbines or enmnes (escept direct loss resulting from the explosion of accumulated gases or iinconsmned fuel within the firebox. or combustion chamber, ot any fired \ es.el or within the Hues or passages which conduct the gases of combustion therefrom). C. Hot water boilers or other equipment for heating water are not covered against loss caused by any condition or occurrence with in such boilers or equipment, other than an explosion. D. Glass is covered only against loss caused by fire, lightning, wind storm. hail, aircraft, vehicles, discharge from fire protection or building service equipment, explosion, not or civil commotion, and then the Company shall be liable only to the extent that such perils are insured against in this poliev. E. Fences, pavements, outdoor swimming pools ami related equip ment. retaining walls. ImlkKe.tds, piers, wharves or docks, when covered under this policy, .ire not covered against loss caused by freezing or thawing, impact of watercraft, or In the pressure or weight of ice or water whether driven by wind or not. F. The interior of buildings is not covered against loss caused by rain, snow, sand or dust, whether driven by wind or not,-unless (1) the buildings shall first sustain an actual damage to roof or walls by the direct action of wind or hail, and then the Company shall l>e liable for loss to the interior ot the buildings as may be caused by rain. snow, sand or dust entering the buildings through openings in the roof or walls made by direct action of wind or hail; or (2) such loss results from fire.'lightning, aircraft, vehicles, explosion, riot or civil commotion, vandalism or malicious mis chief, to the extent that such perils are insured against in this policy. G. Builders' machinery, tools and equipment owned by the insured or similar property of others for which the insured is liable, when covered under this policy, are not covered against loss unless caused by fire, lightning, windstorm, hail, aircraft, vehicles, dis charge from fire protective or building service equipment, explo sion, riot or civil commotion, vandalism or malicious mischief, and then the Company shall he liable only to the extent that such perils are insured against in this policy. IV. PROPERTY NOT COVERED In addition to the kinds of property which are otherwise excluded or limited under this policy, property which is more specifically covered in whole or in part under this or any other contract of insurance is also excluded from coverage under this form. V. EXCLUSIONS This policy does not insure under this form against: A. Loss occasioned directly or indirectly by: 1. enforcement of any local or state ordinance or law regulating the construction, repair or demolition of buildings or struc tures. 2. electrical currents ,u tifici.iMv generated unless loss by fire or explosion as insured against hereunder ensues, and then the Company shall be liable tor only such ensuing loss. B. Loss caused by or resulting from power, heating or cooling fail ure, unless such failure results Irom physical damage to power, heating or cooling equipment situated on premises where the propelty covered is located, caused by a peril not otherwise ex cluded. Also, the Company shall not be liable under this Clause for any hiss resulting from riot, riot attending a strike, civil com motion, or vandalism and malicious mischief. C. Loss caused by, resulting from, contributed to or aggravated by any of the following: 1. earth movement, including but not limited to earthquake, volcanic eruption, landslide, mudflow, earth sinking, earth rising or shifting; 2. flood, surface water, waves, tidal water or tidal wave, over flow of streams or other bodies of water, or spray from any of the foregoing, all whether driven by wind or not; 3. water which backs up through sewers or drains; 4. water below the surface of the ground including that which exerts pressure on or flows, seeps or leaks through sidewalks, driveways, foundations, walls, basement or other floors, or through doors, windows or any other openings in such side walks, driveways, foundations, walls or floors; unless loss by fire or explosion not excluded in this policy ensues, and then the Company shall be liable for only such ensuing loss. This Endorsement must be attached to Change Endorsement TxMP-20 when issued after the Policy is written. Prescribed by the State Board of Insurance Form Tx.MP-103, Effective February 16, 1976 UTEX 000593 Page 1 of 2 D. Loss caused by or resulting from error, omission or deficiency in design, specifications, workmanship or materials. This exclusion does not apply to loss by fire, lightning, windstorm, hail, explo sion, riot or civil commotion, aircraft, vehicles, smoke or dis charge from fire protective or building service equipment, to the extent that such perils are insured against in this policy. E. Loss caused by: 1. wear and tear, deterioration, rust or corrosion, mould, wet or dry rot: inherent or latent defects: smog; smoke, vapor or gas from agricultural or industrial operations, mechanical breakdown, including rupture or bursting caused by centrifu gal force, settling, cracking, shrinkage, bulging or expansion of pavements, foundations, walls, floors, roofs or ceilings, ani mals. birds, vermin, termites or other insects, unless loss by a peril not excluded in this policy ensues and then the Com pany shall be liable for only such ensuing loss. 2. explosion of steam boilers, steam pipes, steam turbines or steam engines (except direct loss resulting from the explosion of accumulated gases or unconsumed fuel within the firebox, or combustion chamber, of any fired vessel or within the flues or passages which conduct the gases of combustion therefrom) if owned by, leased by, or operated under the control of the insured, or for any ensuing loss except by fire or explosion not excluded in this policy, and then the Com pany shall be liable for only such ensuing loss. 3. leakage or overflow from pluipbing, heating, air conditioning or other equipment or appliance (except fire protective sys tems) caused by or resulting from freezing, unless the insured shall have exercised due diligence with respect to maintain ing heat in the buildings or unless such equipment and appli ances had been drained and the water supply shut off. 4. theft (including but not limited to burglary and robbery) of any property which at the time of loss is not an integral part of a building or structure (except direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion), unless loss by a peril not excluded in this policy ensues from theft or attempted theft, and then the Company shall be liable for only such ensuing loss. 5. unexplained or mysterious disappearance of any property, or shortage disclosed on taking inventory or caused by any wil ful or dishonest act or omission of the insured or any associ ate, employee or agent of any insured. VI. DEDUCTIBLE CLAUSES A. Windstorm and Hail Deductible Clause: In consideration of the rate of premium at which this policy is written it is a condition of this contract that, in accordance with the stipulations herein after contained, the sum as indicated on the face of this policy shall be deducted from the amount of loss or damage to the in sured property resulting from each windstorm, and/or hailstorm. This Deductible shall apply to loss or damage to each building or structure separately. The Company shall he liable for its proportion of the loss in excess of the deductible in accordance with the other insurance provisions in the contract to which this clause is attached. This Deductible shall not apply to loss or damage to personal property or household goods however insured. B. All Other Perils Deductible! The sum of $300 shall be deducted from the amount of loss to property covered hereunder resulting from any peril other than (1) windstorm or hail or (2) fire, light ning, aircraft, vehicles, smoke, explosion, riot or civil commotion. This deductible shall apply to eacth loss by any one occurrence (any incident or event); however, if the policy to which this en dorsement is attached covers two or more items at one or more locations, this deductible shall apply to each item separately. VII. OCCUPANCY CLAUSE It is made a condition of this policy that the buildings, additions or structures in course of construction shall not be occupied without obtaining the consent of the Company endorsed hereon with proper rate adjustment, except that machinery may be set up and operated solely for the purpose of testing tne same without prejudice to this policy. VIII, CONDITIONS A. Company's Percentage of Liability: This policy as to each or any building or structure insured under this form shall be and con stitute insurance on each or any of the said buildings or struc tures while in course of construction in an amount not to exceed "this Company's percentage of liability" of the actual values which may have been placed into or made a part of each or any of such buildings or structures. The amount of insurance appli cable to each or any of the buildings or structures insured under this policy while in course of construction shall change from time to time in accordance with the actual values which have been put into each or any of such buildings or structures (in so far as they may have been completed at the time of loss); but in no event shall the amount of insurance under this policy with re spect to these buildings or structures including materials, equip ment or supplies, as provided under this form, exceed "this Com pany's percentage of liability" of the "Estimated Completed Cost" of each as shown in this policy nor shall this Company's liability for any loss hereunder exceed "this Company's percent age of liability" of such loss. B. Final Adjustment Clause: Since the premium under this policy has been based on the "estimated" completed cost of the build ing or buildings or structure insured hereunder, it shall be op tional with the insured or company for the premium to be re computed on the basis of "actual" completed cost and the pre mium adjusted accordingly. This Company or its duly appointed representative shall be permitted at all reasonable times during the term of this policy or within one year after liability here under has ceased, to inspect the property insured and to examine the insured's books, records and policies in so far as they relate to any property covered hereunder, and to check actual cost of buildings insured. This inspection and/or examination shall not waive or in any manner affect any of the terms or conditions of this policy. C. Permits and Use: Except as otherwise provided herein, permis sion is hereby granted in the event of loss hereunder, to make reasonable repairs, temporary or permanent, provided such re pairs are confined solely to the protection of the property from further damage, and provided further that the insured shall keep an accurate record of such repair expenditures. The cost of any such repairs directly attributable to damage by any peril not otherwise excluded shall be included in determining the amount of loss hereunder. Nothing herein contained is intended to modify the policy requirements applicable in case loss occurs, and in particular the requirement that, in case loss occurs, the insured shall protect the property from further damage. D. Loss Clause: Upon each occurrence of loss to real property in sured hereunder, the amount of insurance applicable to loss by fire to such property shall be reduced by the amount of such loss. As repairs are made, the amount so reduced shall be rein stated to the extent of the value of such repairs. Such reinstate ment, however, shall not increase the specified Limit of Liability. Except as provided in the preceding paragraph, no other loss insured against hereunder shall reduce the specified Limits of Liability. Prescribed by the State Board of Insurance Form TxMP-103, Effective February 16, 1976 UTEX 000594 Page 2 of 2 FORM NO. TiCMF tM Effects** October l. IMS TCMP-LIABILITY INSURANCE form SECTION n LIABILITY COVERAGE I. COVERAGE C-BODO.T INJURY AND PROPERTY DAMAGE LIABILITY The Company will pay on behalf of the injured ail turns which the insured shall become legally obligated to pay as damages be cause of bodilv injury or property damage to which this insurance applies, caused by an occurrence and aruing out of the ownership, maintenance or use of the insured premises and all operations neces'*ry or incidental to the business or the named insured conducted at or from the insured premises and the Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodilv injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it leems expedient, but the Company shall not be obligated to pay any cl.um or judgment or *o defend anv suit after the applicable limit of the Companv's liability has been exhausted by payment of judgments 'r settlements. Exclusions This insurance does not apply. t' to liability assumed hy the insured under any contract or agree* ment except an incidental contract, but this exclusion does not jppiv to a warranty of fitness or quality of the named insured's products nr a warranty that work performed bv or on behalf of the named insured will be done m a workmanlike manner; >b) to hodtly injury or property damage arising out of the ownership, maintenance, operation, use. loading or unloading of l) any automobile or aircraft owned or operated by or rented or loaned to any insured, or anv other automobile or aircraft operated bv any person in the course of Ins employment by any insured; but this exclusion does not applv to the parking of an automobile on insured premises, if such automobile is not owned by or rented or loaned to any insured. (3J * *** no* apply with respect to liability uader a written sidetnet agreement and put (3)af this exclusion does oot apply with respect to property damage (other than to etovatmsj arising out of the use of an elevator at premises owned by. rented to or controlled by the --insured; (I) to property damage to premises alienated by the named insured anting out of such premises or any part thereof; (ml to loss of use of tangible property which has not been physically injured or destroyed resulting from (Da delay in or lack of performance by or on behalf of the named injured of any contract or agreement, or >2) the failure of the named insured's products or work per formed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use or other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work per formed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (n) to property damage to the named insured's products ansiog out of such products or any part of such products; 'o) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; 'p) to damages claimed for the withdrawal, inspection, repair, re placement. or loas of use of the named insured's products or work completed by or for the named insured or of any property of whicn such products or work forms a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; c> to bodilv injury or property damage arising out of f 1 > the ownerihip. maintenance operation, use. loading or unloading of any mobile equipment while being used in any prearranged or organ ized racing, speed or demolition contest nr any stunting activity nr in practice or preparation for any such contest or activity or 2) the operation or use of any snowmobile or trailer designed for use therewith; !d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automo bile owned or operated by or rented or loaned to toy insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use. loading or unloading of (D any watercraft owned or operated by or rented or loaned to any insured, or i2) any other watercraft operated by any person in the course of his employment by any insured; hut this exclusion does not apply to watercraft while ashore on the insured premises; if) to bodilv injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmos phere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden ana accidental; (g) to bodily injury or property damage arising out of operations on or from premises (oother than insured premises) owned by, rented to or controlled by the named insured, or to liability assumed bv the insured under any contract or agreement relating to such premises; (h) to bodily injury or property damage for which the insured or his indemnitee may be nela liable (1) as person or organization engaged in the business of manu facturing, distributing, selling or serving alcoholic beverages, or 12) if oot so engaged, as an owner or lessor of premises used for for such purposes; if such liability is impossd (a) by or because of the violabon of any statute, ordinance or regulation pertaining to the sale, gift, distribution or use or any akonobc beverage, or (b) by reason of the wiling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (b) of this exclusion does oot apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (i) to any obligation for which the insured or any carrier as his in surer may be held liable under any workmen's compensation, unemployment compensation or disability benefits lew, or under any nmuar leer; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to say obligatioo of the Insured to indemnify another because of dimsgee arising out of such injury; but this esclurion does not apply to liability aartmnd by the in sured under an incidental contract; <k> to property damage to (1) pnprtjr OOlMd or occupied by or rented to the insured, (2) property ueed by the teemed, or (3) property to the care, custody or control of the insured or a* to wfckto the Insured is for any pmpoee caerciateg phyticei control; (q) to bodily injury and property damage arising out of demolition operations performed By or on behalf of the insured. 11. PERSONS INSURED - Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the Declarations as an indi vidual. the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insured with respect to tne conduct of such a business; (b) if the named insured is designated in the Declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the Declarations as other than an individual, partnership v joint venture, the organization so designated and any executive officer, member of the board of trustees, directors or governors or stockholder thereof while acting within the 'scope of his duties as such; (d) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public Highway, of mobile equipment registered uader any motor vehicle registration law, (i) an employee of the named insured while operating any ruch equipment in the course of his employment, and (U) any other person while operating with the permission of the named named any such equipment registered in the name of the named Insured and any pence or organization legally responsible far such operation, but only if there is no other valid and collectible insurance available, either provided that no person or organization shall be a teemed imder this paragraph (el with respect to (1) bodily injury to any fellow employee of such pome intend in the coarse of hi> employment, or (2) property to property owned by, rented to, in charge of or occupied oy the named insured or the employer of any person described in subparagraph (li>. This insurance does oot apply to bodily Injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member ana which is not desig nated in this policy as a named teamed EH SUPPLEMENTARY PAYMENTS The Company will pay, te adrlitirai to the applicable limit of liability. (a) all expanses incurred by the Company, all costa taxed against the insured te any suit defended by die Company and all telmeet on the eotiie *---* of any judgment therein which accrues altar entry of the judgment and before the Company has paid or tendered or deposited te court that part of the judgment which does not exceed the Unit of the Company's liability thereon; (b) premiums on appeal bonds required te any such suit, premiums on hTM** to rawest attachments in any such suit for an amount not te asoaaa of the *rr*w*^ limit of liability of this policy, and the cost of bail bonds required of the teamed oaoeum of accident or traffic lew violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail band, brt the Company sbeflnnve no obtiption to apply for or hmteh any such bonds; (c) expanses incurred by the insured for firrt ted.* othen * the time of an accident. for bodily tejmy to which this policy ppfcm; Ttb Endanamant mart be attached to Cheap Endorsement TiCMF-tt whan lamed dte the Pottoy is "iMra froerafbed by the State Beard af Ira--nee j 4j FORM TxCMF tOB-LiAULTTT INSURANCE FORM-SECTION II UARUTT INSURANCE COVHAC1 Maten Oetehav 1, IMR' UTEX 000595 UTEX 000596 (d) nttoBibli ezponaos Incurred by die neiiwd insured it the Con* psny'a mnwt in amsang the Conpeny la the tevefdgetion or or toy dans or Mft, including actual low of earnings not to monad $25 per dey. IV. LIMITS OP LIABILITY-COVERACE C Rnprdkn of the number of (1) tnrureds under this policy. (2) of organizations who sustain bodily injury or property as (3) made or nats brought on account of bodily mjwy^or property damage, the Companys liability is limited as COVERAGE C-BODILY INJURY LIABILITY-The toul liability cf the Company lor all damages, including damages for care and loss of services, because at bodily injury sustained by one or more per* sons as the result of eny one occurrence shall not exceed the limit of bodily injury liability stated as applicable to "each occurrence*'. Subject to the above provisions resoectmg "each occurrence*' the total liability of the Company for au damages because of (1) all bodily injury included witrun the completed operations hazard and (2) aU bodily injury included within the products hazard shall not exceed the limits at bodily injury stated as aggregate**. COVERAGE C-PROPERTY DAMACE LIABILITY-The total lia bility of the Company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated as applicable to "each occurrence'*. Subject to the above provision respecting "each occurrence'', the total liability of the Company for all damages because of all property damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated as "aggregate'' (a) all property damage arising out nf premises or operations rated on a remuneration basis or contractor's equipment rated oo a receipts basts, including property damage for which liability is asstmed under any incidental contract relating to such premises or operations, out excluding property- damage included in subparagraph (b) below, (b) all property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract re lating to such operations, but this subparagraph (b) does not include property damage arising out of maintenance or re pairs at premises owned by or rented to the named insured or structural alterations at such premises which do not in volve changing the size of or moving buildings or other structures, Ic) all property damage included within th- completed operation' hazard and all property damage included within the products hazard. Such aggregate limit shall apply separately to the property damage described in subparagraphs (a), (b) and (0 above, and under subparagraphs (a) and fhV separate!' with resjicit to each project awav from premises owned by or rented to the named insured. Bodily Injury and Property Damage Liability--For the purpose of determining the limit of the Company's liability, all bodiK mjur\ and property damage arising out of continuous or repeated exposure to substantially the same general condition* shall be considered as arising out of one occurrence With respect to an* occurrence for which notice of this pohcv is given in lieu of security or when this police i- certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial respsmsihihtv law. such insurance as is af forded bv this policy for bodilv miurv liability or for pronertv dam age liability shall oomph with the provisions of vie1. law Ic- the extent of the coverage anl limits of liability required bv such law The insured agrees to reimburse the Companv for ai.v pAMrunt m.alr hv the Companv which it would not have heen nhhc.itiil to nuke under the terms of tins pohcv except for the agreement contained in this paragraph V. COVERAGE D-PREMISES MEDICAL PAYMENTS The Companv will p.i\ m or f>.r each person who u'Umt bodih injury caused by accident all reasonable medical cvjvnw incurred within one year from the dat< ot the accident on account of mic.Ii bodih iniurv. provided such bodilv miurv arises out of ^ j con dition in the insured premises or <h. operations with respect to wbu.lt the named insured is afforded coverage for bodih miurv liabihtv under this pohcv Exclusions This insurance does not apply la* to bodih miury (1) arising out of Operations on nr from premises (Other than insured premises! owned hv, rented to, or controlled h\ the named insured *2- arising out cl toe ownership maintenance, operation u>loading nr unloading of ii* anv automobile or aircraft owned or operated bv nr rc-ntnl or loaned to any insured, nr iui any o..c..n..e.r......... 4IH.I4M nperacea oy anv pe the course of his emplovmenl by anv insured but this exclusion does not applv to the parking of an a mobile or the insured premises, if such automobile is owned by or rented or loaned to any insured. (3) truing out of (i) the ownenhip. maintenance, operation, loading or unloading of anv mobile equipment while b uj*d ui any prearranged or organized racing, speed or de huon contest or in anv stunting actiwtv or in practice i contest or activity or (it) the op therewith** Wlv *nowmbile or trailer designed for (4) arittng out of the mawhip, tnainfiarag. operation, use, loading or mloading of (i) any watercraft owned or operated by or reared or loaned to any ineured. or (ii) any other wateroaft operated by any person in the course of his employment by any insured, but this exetation does oot apply to watercraft while ashore oa the Inraed premises; or (5) arising out of and in the course of the transportation of mo bile equipment by an automobile owned or operated by or rented or loaned to any insured. (b) to bodily injury (1) included within the completed operation hazard or the products hazard; (2) arising out of operations performed for the named insured by independent contractors other than (i) maintenance and re pair of the insured premises or (ii) structural alterations at such pranbes which do not involve changing the size of or moving buildings or other structures, (3) resulting from the selling, serving or giving of any alcoholic beverage fi) in violation of any statute, ordinance or regu lation. (ii) to a minor. (Hi) to a person under the influence of alcohol or (iv) which causes or contributes to the intoxica tion of any person, if the named insured is a person or organization engaged in the business of manufacturing, dis tributing, selling or serving alcoholic beverages or, if oot so engaged, is an owner or lessor of premises used for such purposes but only part (i) of this exclusion (b) (3) applies when the named insured is such an owner or lessor. (4) arising out of demolition operations performed by or on be half at insureds, (c) to bodily injury (1) to the named insured, any partner therein, any tenant or other person secularly residing on the insured premises or any employee of the rotejping if the bodily injury arises out of and in the course of his employment therewith; (2) to any other tenant if the bodily injury occurs on that part of the insured premises rented from the named insured or to any employee of such a tenant if the bodily injury occurs on the tenant s part of the insured premises and arises out of and in the course of hit employment for the tenant; (3) to any person while engaged in maintenance and repair of the insured premises or alteration, demolition or `new con struction at such premises; (4) to any person if any benefits for such bodily injury are pa>*able or required to be provided under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law, (5) to any person practicing, instructing or participating in any physical training, sport, athletic activity or contest. (di co any medical expense for services by the named insured, any employee thereof or any person or organization under contract to the named insured to provide such services VI. LIMITS OF LIABILITY--COVERACE D The limit pliability for Coverage D stated in the Declarations as applicable to "each person" is tlie limit of the Company's liability for all medical expense for bodily iniurv to any one person as the result of any one accident, but sumect to the above provision respecting "each person", the tout liability of the Companv under Premises Medical Payments Coverage for ill medical expense for bodilv miury to two or more persons as the result of anv one acci dent shall not exceed the limit of liability stated in the Declarations as applicable to "each accident" When more than one medical payments coverage afforded by this pulicv applies to the loss, the Companv shall not he liable for more than the amount of the highest applicable limit of lubihtv MI OTHER PROVISIONS APPLICABLE A. Subrogation. In the event any pavmenc under the policy thr Companv shall be subrogated to all the ipsured s rights of re covers- therefor against anv person or organization and the in sured 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 B. Three Year Policy: If this policy is issued for a period of three vears, anv limit of the Company's liability as stated on the Declaration page of the pohcv as "aggregate" shall apply separ ately lo eacn consecutive annual period thereof C. Changes: Notice to any agent or knowledge possessed by am ageni or by any other person shall not effect a waiver or a change in anv part of the policy or estop the Companv from as serting any ngnt under the terms of tne pohcv nor shall the terms of the pohcv be waived or changed, except bv endorsement issued to form a part of the pohcv D. Assignment. Assignment of interest under the policv shall not bind the Companv until its convent is endorsed hereon, d. how ever. the named insured shall die. such insurance as is afforded by the policy shall applv (1) to the named insured's legal repre sentative, as the namea insured, but only while acting within the scope of his duties as such, and (2' with respect to me proper! v of the named insured, to the person having proper temporarv custodv thereof as insured but onb until the appointment and qualification of the legal representative. E. Declarations: By acceptance of the policy the named insured agrees that the statements in the declarations are his agreements and representations, that the policy is issued in reliance upon the truth of such representations ana that the policy embodies all agreements existing between himself and the Companv or anv of its ageots relating to this insurance P'T*3fl-d b>- Bowl Of InM.no, FORM TiCMF 200-LUBILm INSURANCE FORM-SECTION II LIABILITY INSURANCE COVERAGE-Effective October 1. 1982 ` Pege 2 of 2 FORM NO. TxCMP-202 Effective January 1, 1075 TCMP--COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT In consideration of the payment of the premium, in reliance upon the statements in the Declarations of the policy of which this endorsement ii made a part, and subject to all the terms of this endorsement, the Company agrees with the named insured as follows: L COVERAGE-BODILY INJURY AND PROPERTY DAMAGE LIABILITY The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence, and the Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investiga tion and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agree ment except an incidental contract; but this exclusion does not apply to a wan-anty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does-not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the owner ship, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the named insured; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmo sphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemploy ment compensation or disability benefits law, or under any similar law; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufac turing, distributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes. if such liability is imposed (a) by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (b) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (b) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an ow ner or lessor described in (2) above; (i) to property damage to (1) property owned or occupied by or rented to tiie insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of tne use of elevators at premises owned by, rented to or controlled by the named insured; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract, (k) to property damage to premises alienated by the named insured aris ing out of such premises or any part thereof; (l) to property damage to the named insured's products arising out of such products or any part of such products; (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level oft per formance, quality, fitness or durability warranted, or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (n) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (o) to damages claimed for the withdrawal, inspection, repair, replace ment, or loss of use of the named insured's products or work com pleted by or for the named insured or of any property of which such products or work forms a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (p) to bodily injury or property damage for--which insurance is afforded under (1) the TMP Liability Insurance Coverage, or (2) Any Comprehensive Personal Liability Endorsement forming a part of this policy or for which insurance would have been afforded but for the ex haustion of the limits of liability thereunder. This Endorsement must be attached to Change Endorsement TxCMP-20 when issued after the Policy is written. Prescribed by the State Board of Insurance FORM NO. TxCMP-202, Effective January 1,1975 UTEX 000597 a PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the Decorations as an in dividual, the person so designated but only with respect to the conduct of a business at which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business; (b) if the named insured is designated in the Declarations as a partner ship or joint venture, the partnership or joint venture so designated ana any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the Declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, member of the board of trustees, directors or governors or stockholders thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named insured) or organi zation while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured while operating any such equipment in the course of his employment, and (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, out only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization: provided that no person or organization shall be an insured under this paragraph (e) with respect to (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in- charge of or occupied by the named insured or the employer of any person described in subparagraph (ii). This insurance does not apply to bodily injury or property damage arising out of the conduct of anv partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. m. LIMIT OF LIABILITY-COVERAGE C The limit of the Company's liability with respect to each occurrence under this endorsement is the amount stated in the Declarations as applicable to Coverage C of Section II of this policy and such limits apply to the insurance afforded by this endorsement in accordance with the terms of Provision IV, Limits of Liability, of Section II. IV. SUPPLEMENTARY PAYMENTS The Company will pay, m addition to the applicable limit of lia bility. (a) all expenses incurred by the Company, all costs taxed against the insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the Company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the named insured at the Com pany's request in assisting the Company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. V. OTHER PROVISIONS APPLICABLE TO THIS ENDORSEMENT A. The foilowing provisions applicable to Sections I and II of the policy are applicable to this endorsement: War Risk and Governmental Action Exclusion; Inspection and Audit; subparagraph (2) of Policy Period. B. The following terms and provisions applicable only to Section II are applicable to this endorsement! Modification of Terms; Financial Responsibility Laws; Premium; Insured's Duties in the Event of Occur rence; Claim or Suit; Other Insurance; Action Against the Company; Nuclear Exclusion; and Definitions, Section II. C. Subrogation: In the event of any payment under the 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 loss to prejudice such rights. D. Three Year Policy: If this endorsement is issued for a period of three years, anv limit of the company's liability as stated on the Declara tion page of the policy as "aggregate" shall apply separately to each consecutive annual period thereof. E. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change m any part of the policy or estop the company from asserting anv right under the terms of the policy; nor shall the terms of the policy be waived or changed, except by endorsement issued to form a part of the policy. F. Assignment: Assignment of interest under the policy shall not bind the company until its consent is endorsed hereon; if, how ever, the named insured shall die, such insurance as is afforded by the policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within tne scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. G. Declarations: By acceptance of the policy, the named insured agrees that the statements in the declarations are his agreements and representations, that the policy is issued in reliance upon the truth of such representations and that the policy embodies all agreements exist ing between himself and the company or any of its agents relating to this insurance. Prescribed by the State Board of Insurance FORM NO. TxCMP-202, Effective January 1,1973 Page 2 of 2 UTEX 000598 Insert Endorsements here I THE FOLLOWING PROVISIONS APPLY TO SECTIONS I AND II A. WAR RISK AND GOVERNMENTAL ACTION EXCLUSION: Under Section I as respects perils other than fire (which is otherwise provided for on Page 2 of this policy) and under Section II as respects liability assumed by the insured under any incidental contract or as to first aid or medical expense, this policy shall not apply to loss, bodily miury, or property damage caused, directly or indirectly, by or due to any act or condition incident to Ihe following: 1. hostile or warlike action m tme ot peace or war, including action in hinder ing. combating or defending against an actual, impending or expected attack, (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces: or (b) by military, naval or air forces: or tc) by an agent of any such government, power, author ity or 'orces. it being understood that any discharge, explosion or use of any weapon cf war employing nuclear fission or fusion shall be conclusively presumed to be such a hostile or warlike action by such a government, power, authority or forces: 2. insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority m hindering, combating or defending against such an occurrence: secure or destruction under quarantine or custom's regulations, confiscation by order of any government or public authority, or risks of contra band or illegal transportation or trade. B. LIBERALIZATION CLAUSE: If during the period that insurance is m force under this policy, or within 45 days prior to the inception date thereof, on behalf of the Company there be adopted, or filed with and approved or accepted by the insur ance supervisory authorities, all m conformity with law. any changes m the form attached to this policy by which this form of insurance could be extended or broadened without increased premium charge by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the insured hereunder as though such endorsement or substitution of form had been made. C. INSPECTION ANO AUDIT: The Company shall be permitted but not obligated to inspect Ihe named insured's property and operations at any time. Neither the Company's rght 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 or healthful, or are m compliance with any law. rule or regulation. The Company may examine and audit the named msured's books and records at any 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 subsect mat ter of this insurance. 0. CONFORMITY WITH STATUTE: The terms of this policy and forms attached hereto which are m conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes. E. POLICY PERIOD, TERRITORY: 1. Section I of this policy applies only to loss to property during the policy period while such property is within the fifty states of the United States ot America and the District of Columbia. 2. Section II of this policy applies only to bodily miury or property damage which occurs during the policy period within the policy territory: "policy territory'' means: a. the United States of America, its territories or possessions, or Canada, or b. international waters or air space, provided the bodily miury or property dam age does not occur m the course of travel or transportation to or from any other country, state or nation, or c. anywhere m the world with respect to damages because of bodily injury or property damage arising out of a product wh ch was sold for use or con sumption within the territory described in paragraph a, above, provided the original suit for such damages is brought within such territory F. TIME OF INCEPTION: To the extent that c erage in this policy replaces cov erage m other policies terminating at 12:01 AM, (Standard Time) on the inception date of this policy, this policy shall be effective at 12 01 AM. (Standard T.me) instead of at Noon Standard Time. THE FOLLOWING PROVISIONS APPLY TO SECTION I A. NUCLEAR CLAUSE: The word "fire'' in this policy is not intended to and does not embrace nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radia tion or radioactive contamination is not intended to be and is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be m whole or m part caused by. contributed to, or aggravated by "fire" or any other perils msured against by this policy: however, subiect to the foregoing and all provisions of this policy, direct loss by "'ire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. B. NUCLEAR EXCLUSION: Loss by nuclear reaction or nuclear radiation or radio active contamination, all whether controlledor uncontrolled, or due to any act or condition incident to any of the foregoing is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be m whole or m part caused by. contributed to, or aggrevated by any of the perils insured against by this policy: and nuclear reaction or nuclear radiation or radioactive contamina tion. all whether controlled or uncontrolled, is not "explosion" or "smoke". This clause applies to all penis msured against hereunder except the perils of fire and lightning, which are otherwise provided for in the Nuclear Clause above. C. NO CONTROL: This insurance shall not be preiudiced: 1. by any act or neglect of the owner of any building if the insuredis not the owner thereof, or by any act or neglect of any occupant (other than the insured) of any building, when such act or neglect of the owner or occupant is not within the control of the msured. or a. If such insurance is Contributing Insurance, defined as any insurance written in the name of the insured, upon the same plan, terms, conditions and pro visions as contained in this policy whether collectible or not. the Company shall be liable for no greater proportion of any loss than the limit of liabil ty under this policy bears to the whole amount of insurance covering such prop erty. b. If such insurance is Specific Insurance, defined as any insurance other than that described as Contributing Insurance m a. above, the Company shall not be liable for any loss hereunder until the liability of such Specific Insurance has been exhausted, and then shall cover only such amount as may exceed the amount due from such Specific Insurance (whether collectible or not) after application of any contribution, coinsurance, average or distribution or other clauses contained in policies of such Specific Insurance affecting the amount collectible thereunder, not exceeding however, the applicable limit of liabil.ty under this policy. 2. Loss by burglary, robbery or theft or loss of personal property covered on an unspecified peril basis: Insurance under this policy shall apply as excess insur ance over any other valid and collectible insurance which would apply in the absence of this policy. 3. When loss under this policy is subject to a deductible, the Company shall not be liable for more than its pro rata share of such loss in excess ol the deduct* ble amount. 2 by failure of the msured to comply with any warranty or condition contained m any form or endorsement attached to this policy with regard to any portion of the premises over which the msured has no control. 0. OTHER INSURANCE: 1 Loss by fire or other perils not provided for m 2. below: If at the time of the loss, there is other insurance available to the insured or any other interested party covering such loss or which would have covered such loss except for the existence of this insurance, then the Company shall be liable as follows: E. NO BENEFIT TO BAILEE: This insurance shall in no wise mure directly or indirectly to the benefit of any carrier or other bailee for hire. F. LOSS PAYABLE CLAUSE: Loss if any, shall be adjusted with the named insured and shall be payable to him unless other payee is specifically named hereunder. G. REPORT TO POLICE: When either a loss or occurrence takes place, the insured shall give notice thereof to the proper police authority if loss or occurrence is due to a violation of a law. UTEX 0005W (3) THE FOLLOWING PROVISIONS APPLY TO SECTION II A. MODIFICATION OF TERMS: Provisions on Pape 2. other than those pertaining to *auer. cancellation and concealment and fraud, do not apply B. FINANCIAL RESPONSIBILITY LAWS: When this policy is certified as proof of financial responsibility for the future under the provisions cf any motor veh-cle financial responsibiHy law. such insurance as is afforded by this policy for bodily <n;ury lability or fcr property damage liability shall comply with the provi..cns of such law tc the extent of the coverage and lim-ts of liability requned by cn law The insured agrees to reimburse the Company for any payment made by Com pany at" h it would not have been obligated to make under the terms of th s policy except it the agreement contained in this paragraph C. PREMIUM: All premiums for this insurance shall be computed m accordance with the Company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein G. ACTION AGAINST COMPANY: No action shall lie against the Company urriesas a cond-tion preceden' thereto there sha'i have been lu!' compliance wild al o. the te'ms of tKis pol cy. nor until the amount ol the insured s obligat-on lc pay shall have been finally determined either by lodgment agamst the insured after actual Inal or by written agreement cl the insured, the claimant and the Company Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover u^der this pol-cy to the extent of the .nsurance afforded by this polcy No person cr organization shall have any right under this policy to join Ihe Ccmoany as a party to any act on agamst the msjred to determine the insured s l ability nor shall the Company be impleaded by the insured or hs legal representative Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the Company of any of its obligations hereunder Premium designated m this policy as "proviS'Cnal premium" is a deposit pre mium only which shall be credited to the amount of the earned premium due at the end cf the policy period A; the close ol each annual period (or part thereof terminating with the end of the policy period), the earned premium shall be com puted lor such period and, upon notice thereof to the named insured, shall become due and payable If the total earned premium tor the policy period is less than the premium previously paid, the Company shall return to the named insured the unearned portion paid by the named insured The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct D. INSURED S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT: I. in tne event ol an occurrence, written not ce containing particulars sufficient to identify the insured and aiso reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the iniured and of available witnesses, shall bo given by or for the insured to the Company or any nt its authorized agents as soon as practicable 2 It claim is made or su t is brought against the insured, the insured shall im mediately torward to the Company every demand, notice, summons or other process received by h m or his representative H. NUCLEAR EXCLUSION: 1 This policy does not apply a Under any Liability Coverage, to bodily injury or property damage (1) with respect to wh-cb an insured under this policy is a'so an msu-ed 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 for its termination upon exhaustion of its limit ot liability; or ........ ..... (2) resulting from the hazardous properties ot nuclear material and with respect to which (a) any person or organization is required tc ma.ntain financial protection pursuant to the Atomic Energy Ac! of 1954. or any law amendatory there:1, 2or (b' the msu'ed is. or had this policy not been issued would be. entitled to indemnity from the United States cf America, cr any agency there.f under any agreement entered into by the United State; o' America cr any agency thereof, with any person or organization b. Under any Medical Payments Coverage, or under any Supplementary Pay meets prcvsion relating to fir: aid. to expenses incurred with respect to bodiiy injury resulting from the hazardous properties ol nue'ear mater al and arising out of the operation ol a i uclear facility by any person or organization 3 The insured shall cooperate with the Company and. upon the Company s re quest, assist in making settlements, m the conduct of suits and m enforcing any right of contriDufon or indemnity against any person or organization- who may be liaoie tu tne insured because of miury or damage with respect to which insurance is afforded under this policy: and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses The insured shait not except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the t me cf acc dent c Under any Liability Coverage, to bodily miury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facil.ty owned by or cpe'atcd by or on behalf ol an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained m spent fuel or waste at any t-me possessed handled, used, processed, stored, transported or disposed cf by or on behalf of an insured, or E. MEOICAL REPORTS. PROOF AND PAYMENT OF CLAIM--COVERAGE 0: As soon as practicable the mured pe'se-n cm someone cn his behalf shall give to the Com pany wr.tten prod of Ce n fn- med cal expense under oath <f required and shah, a'ter each request Iron the C many, execute autho'ization to enable tne Company :-a ct'ain mej.cel rep.rts and co,, cs ol ecords The iniured person shah submit I; physcal turn -aton oy pnvsic ans selected by the Company when and as of tern a. 'he Compa-y may reasonao , tecu-'e The Company may pay the mured person o' tmv ::'s_ri erg.-n zaton render-g the scu ces and the payment shall reduce to- am..--: ? ne^-unde' for u'.ti .nj-u'y Payment he'eunder shall net ccn '_'e an ac~ i-ab.l ly of a--y petson cr except hereunder, ol the Company F. OTHER INSURANCE: Th-s -surance s pr-mary insurance, except when stated to app , n excess ct c con; ngen; upon tne aDsence ol other instance When tn; mt-jia'ue is pr.ma:/ and ir.e -neared has other insurance which is stated !e be ape; lab-e to me ' ss :n an excess c.r c'ntmgent basis, the amount ol tne Com pany s ha: i-ty unde- th s po-cy sna.i r.ct be reduced by the existence cl such other 'surance When both mis insurance and ether insurance apply to I he ioss on tne same bas-s whether pr ma'y, excess or contingent, the Company shah not be hub-; under th.s pol cy tor a greater oroportion ol the loss than lhat stated m the ap phcapio contr-bjhon revision be'ow 1 Contribution by Equal Shares: -t a; o` such other valid and col'ectitle insurance prov des f;r contr butun by equal sh'-'es. the Company shall net be liable for a greater proportion of such ioss than would be payable if each insurer con tributes an equal share until the share of each insurer equals the lowest ap plicable limit ol liability under any cne policy or the full amount ol the loss IS paid, ana with respect to any amount of loss not so paid the remaining m surers then continue to contribute equal shares of the remaining amount ol the loss until each such insurer nas pa-d !s limit in full or the full amount ol the 'ass is paid 2 Contribution by Limits: If any of such other insurance does not provide for contribution by equal shares, the Company shall not be liable for a greater proportion cl such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and cot lectible insurance against such loss (3) the bodily miu'y c-r property damage arises out cf me furnishing by an insured of services materials, parts or equipment m connection with the plem.ng. construction maintenance, operation or use of any nue'ear 'Ability but .1 suer 'jo., u located within the United States ct Arr.er .a, its terr-tones or pcscr.s.uns or Canada, this exclusion (3) applies only i: property damage tc sue1 nuclear facility and any properly thereat 2 As used m th.s prov'icn Oszerdc-us properties mt'ude racoactive f;> : v explosive properties. ' nue'ear male: a ' means source male'.a! specal nucleamaterial cr byproduct material source material', spec al nuclear ma:er anj "byproduct material" have the meanings g en men r. the Atom: E-1?-?/ Act of 1954 o- m any law amendato'y the'eot: 'spent tue1' means any fuel element cr fuel conoonent sc: d or I cu-d which has been -_sed or eiposed tc rad at-.on -n a nue'ear reactor- 'waste means any waste raterial rli ccn'ax mg bvprcduc* material and (2) resulting mom tne operaUin by any person cr organ-zation cf any nuclear fs1 ty inc'uded within me definition c1 nuclear fac,! 'y under paragraph a c b thereo1: "nue'ear laci ty" means a uny nje'ear reac'or. b any equ pment or de.'Ce designed cr used for (lj sepa-aung the sclopes of u'an.um or pl^tonum iCL processing or util zing spent 'cel. or (3i handling, prccess ng or package g waste. c any equipment or dev.ee -sad to- the processing, taoricat.ng or aiioyng ot spec-a! nuclear materia' -I at a"/ t me the total amount o" suen maler-a. in the custody cf the msu'ea a: the premises where such ecJipment or oev-ce s located consists ct : contains more than 25 grams of plutonium cr u:ar urn 233 or any combmaton thereo1. or more than 250 grams ol uranium. 235 d ary structure, basm, excavation, premises or place prepaid or used for the storage or disposal ol waste, and includes the site on which any of the foregoing is located, all operation: conducted on such site and all premises used tor such operations: "nuclear reactor" means any apparatus designed or used to sustain nuclear lission m a sell supporting chain reaction or to contain a critical mass of fissionable ma terial; "property damage" includes all forms of radioactive contamination ot property. (4) UTEX 000600 DEFINITIONS $ ECTIOM 11 When used n the provisions applicable to Section II o( this policy (including endorsements forming a part hereof) "automobile" means a land motor /ehicle. trailer or semi trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not mc'ude mobile equipment; "bodily miury" means bod ly miury. s-ckness or disease sustained by any person which occurs during (he policy period, including death at any time resulting there from; "completed operations hazard" mdudes bodily m|u-y and property damage aris mg out of operations or re: ance upon a representation or warranty made at any time w.th respect thereto out only t the bodily miury or property damage occurs alter such ope'at'ons ha.e been completed or abandoned and occu's away from prem ses owned by or ren'ed '0 "'e named nsu-ed Operations" include mate rials, parts or equipment -'urr-ined -n conneC'tn therewith Operations shall be deemed completed at the ean est of the 'ciicwng times (1) when ail operat:ons to be per'ormed by cr ;n beha.f of the named insured under the contract have been complete-*, (2) when all operations to be performed by or cn Dehalf ot the named insured at the she of the operat-ons have been completed 0- 13) when the portion of the work out of which the niury or damage arises has been put to its intended use by any person or o-ganizaticn other than another contractor or subcontractor engaged in performing operations for a principal as a pait of the same protect Operations which may require further service o' mantenance work, or correction, repair or replacement because 0; any detect cr deficency. but which are otherwise complete, shall be neeme*1 completer1 The completed operations hazard does not mdude bodily miury or property dam age arising out of (1) operations m connection with the fansportation cf property, unless the bodily miury or property damage arises cut ol a condifon m or on a vehicle created by the loading or unloading tnereof. (2) the existence ol tools, uninstalled equipment or abandond or unu;ed mater als. or (3) operations for which the classification stated m the policy or m the Company s manual specifies "including completed operations . "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof .Deluding any car. platform, shaft, hc.stway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a build ing if without mechanical power or f not attached to building walls, or a hod or material hoist used m alteration, construction cr demolition operations, or an in clined conveyor jsed exclusively for carrying property or a dumowaiter used ex dusively for carrying property and having a compartment he*ght not exceeding four feet; "incidental contract" means any written (1) lease of premises. (2) easement agreement, except in connection with construction or demolition operahons on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by mumcpal ordinance, except in connection with work for the municipality. (4) side track agreement, or (5) elevator maintenance agreement; 7----- -------------- - ,77 uu^iijMiig -an msurea in the Per sons Insured provision of the applicable insurance coverage The insurance af forded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability- insured premises means (1) the premises designated in the Declarations (2) premises alienated by the named insured (other than premises constructed for sale by the named insured), it possession has been relinquished to others and (3) premises as to which the named insured acquires ownership cr control and reports his intention to insure such premises under this policy and no other within 30 days after such acquisition; and includes the ways immediately adjoining such premises on land; "medical expenses" means expenses for necessary medical, surgeal x-ay and dental serv ces. including prosthetic devices and necessary ambulance hospital professional nursing and funeral services; "mobile equipment" means a land vehicle (including any mach.r.ery or apparatus attached thereto), whether or not self propelled. (1) not suOiect to motcr vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adorning, or r3> designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part ot or permanently attached to such vehicle power cranes, shovels, loaders, diggers and drills; concreta mixers (other than the mix m transit typei. graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spraying, welding and bu.id.ng cleaning equip ment; and geophysical exploration and well serving equipment. "named insured" means the person or organization named m Item 1 of the Declarations of this policy; "named insured's products" means goods or products manufactured, sold, han dled or distributed by the named .insured or by others trading under his name, including any container thereof (other than a vehicle), but named insured s prod ucts" shall not include a vending machine or any property other than such con tamer, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results m bodily miury or property damage neither expected ncr intended from the standpoint of the insured; "products hazxrd" includes bodily injury and property damage arising -out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily miury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to ethers; "property damage" means (I) physical iniury to or destruction of tangible prop erty wh ch occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property r.h ch has net been physically injured or destroyed provided such loss of use is caused by an occur rence during the policy period; This policy is made and accepted subject to the provisions, exclusions, conditions and declarations set forth in this entire policy, including endorse- menls attached now or hereafter. "Service of process may be had upon the State Official duly designated for such purpose in the state in which the property insured hereunder is located if Fort Worth Uoyds is licensed in such slate: or upon the Commissioner of Insurance ol the State of Texas; or upon the duly appointed attorneysin-fact for Fort Worth Uoyds at Fort Worth. Texas. Underwriters at Fort Worth Uoyds have complied with the laws of the State of Texas regulating Uoyds plan insurance and said statutes are hereby made a part of this policy. The entire assets of Fort Worth Lloyds supports its policies, but each individual underwriter's liability is several and not mint and is limited by law to the amount lixed by his underwriter's contract and subscription and no underwriter is liable as a partner. This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agree ments or conditions as may be endorsed hereon or added hereto, and no agent or other representative ot Fort Worth Lloyds shall have the power lo waive any provision or condition of this policy. The policy is non-assessabie and no contingent liability of any kind or character attaches to the insured named herein." IN WITNESS WHEREOF, the Underwriters at Fort Worth Lloyds have caused these presents to be executed; but this policy shall not be valid unless countersigned by the attomeyi-in-faet or their duly authorised representative. TtfUX Attorney-in-fact Attorney-in-fact MORTGAGE CLAUSE (Without Contribution) This policy, as to the interest of the mortgage only therein, shall not be invalidated by any act or neglect ol the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings ot notice of sale relating to the property, nqr by any change in the title ot ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy; PROVIDED that the mortgagee shall notify this Company of any change of ownership or increase of hazard which shall come to the knowledge if said mortgagee, and unless permitted by this policy, it shall be noted hereon; and PROVIDED further that upon failure of the insuredto render proof ol loss, such mortgagee, upon notice, shall render proof of loss in the form herein specified within ninety one days thereafter and shall be sublet to the provisions hereof relating to appraisal and time of payment and of bringing suit. Failure upon the part ot the mortgagee to comply with any ot the foregoing obligations shall render the insurance under this policy null and void as to the in terest of the mortgagee. This policy may be cancelled as to the interest of any mortgagee named hereon by giving such mortgagee ten days written notice. If this Company shall claim that no liability existed as to the mortgagor or owner, it shall, to the extent of payment of loss to the mortgagee, be subrogated to all the mortgagee's rights of recovery, but without impairing mortgagee's right to sue; or it may pay off the mortgage debt and require an assignment thereof and of the mortgage. The word "mortgagee" shall be construed to mean mortgagee or trustee. (5) UTEX 000601 ENDORSEMENT Date flay 30, 1984 Plaasa attach tha andosad endorsement te Kind of Policy: TflP: Vacancy End. (4 mos.) 1511 Upland TxflP-52 + End 20 amending vacancy pram, charge two endorsements for return of J99.00 Company and Fort Worth Lloyds Policy Number: TflP 4 001 230 Please do not fail to have this dona. Thank you. Invoice for balance due on premium is enclosed. fir. Elvin Pippert Xentex, Inc. TO p. o. Box 79227 Houston, Texas 77079 L C. COBB & COMPANY Insurance -- All Unas 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phone: (713) 923-2611 UTEX 000602 FORM NO. TxMF-53 Effective August 1, 1980 TMF-VACANCY PERMIT Policy No. ._...............4....M1....2.2J3.............................Company..........................r.S.fcL...kl.fty..4 3 Insured ...................... .................................................................................................................................................................................................................................. Permission is granted for the building(s) described below to be vacant for the period indicated. This permit applies only to the peril(s) specified and for which an additional premium* has been charged. DESCRIPTION OF BUILDINGfS) Loc. No. Bldg. No. Location of Premises 1511 Upland, Houston, Texas PERIL(S) Fire and Lightning Extended Coverage* From PERMIT PERIOD To 2-1-84 6-1-84 Rate .011 N/C Add! Prem. 228.00 Vandalism and Malicious Mischief Other...................................... .... * The peril of Extended Coverage is included without charge. This Endorsement must be attached to Change Endorsement when issued after the Policy is written. Prescribed by the State Board of Insurance FORM NO. TxMP-32, Effective August 1,1980 Total xxxx 228.00____ UTEX 000603 FORM NO. TxCMP-30 Effective January 1, 1975 TCMP--CHANCE ENDORSEMENT This endorsement is made a part of Policy No. of the________________________________________ 4 001 230 Fflrt Worth Llayde Naum of Imurancw Compiny and becomes effective on _ April__ 3Q , 19B4--------------at of the described property. (Date) Name of Insured________ ______________Utex Industries, Ine, , et Location of Premises and Occupancy___ Stt__ 12____________________________________ standard time at the location Policy Term___ 1____ yrs., From___ August 1,__ L9JL3ToAugust 1, Windstorm 4c Hail Deductible$5 , <7 O 0 Other Deductible Clause (Large) applicable; (specify) 1984 It is agreed that: (a) The policy is amended as follows: In consideration of a RETURN PREMIUM of $99.00, it is hereby understood and agreed that premiums are corrected on form #52. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property far which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read aa stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy ana not in addition thereto. Coverage Descrip tion Loc. Bldg. No. No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New limit Old Rate New Rate Old Premium 9* 99 * * PREMIUMS New Preminm * t AddT Return * * Coverage C. Bodily Injury Sc Prop erty Damage Liability D. Premises Medical Payments 1 9 each Person SECTION II--LIABILITY COVERAGE Limits of Liability 9 Aggregate 9 each Accident Old Premium 9 PREMIUMS New Premium 9 Add! Return 9 999 C. COBB & COMPANY #716 ____ _____ _Agency, ByPrescribed by the State Board of Insurance Farm TsCMF-20, Effective January 1,1975 TOTAL JL UTEX 000604 FORM NO. TxCMP-20 Effective January 1, 1975 TCMP--CHANCE ENDORSEMENT This endorsement is made a part of Policy No. of the________________________________________ u OQT 7 in__________ Frtrl- TJnrfh Tlrtydg Name at Insurance Company and becomes effective on of the described property. April___1 7 t 1 98 &.at (Date) Name of Insured______________________ IT f o *__ Tnilnstriss, Tnr. , of Location of Premises and Occupancy___ Spff__ Z2____________________________________ standard time at the location Policy Term___ ]yTs., FromAugust-1 , IPS'!To. . -August___________ L-,___I QR4 Windstorm & Hail Deductible3 5 | flflO Other Deductible Clause (Large) applicable; (specify) It is agreed diat: (a) The policy is amended as follows; In consideration of a RETURN PREMIUM of $127.00, it is hereby understood and agreed that the following changes are made: Increase Contents Bldg. ^8 (Weimar) by $128,739. to $1,158,201. Delete: Contents in Bldg. #9. I accept : Utex Industries, Inc., et All other-terms and conditions remain unchanged. (b) With respect to those coverages and lands of property for which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy ana not In addition thereto. Coverage Descrip tion Ixk. Bldg. No. No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New Limit Old Rata ' New Rate Old Premium ** 1* * 9 PREMIUMS New Premium * * Add! Return * * Coverage C. Bodily Injury 6c Prop erty Damage Liability D. Premises Medical Payments SECTION n--LIABILITY COVERAGE Limits of Liability < each Occurrence $ each Person Aggregate 1 each Accident Old Premium 1 t PREMIUMS New Premium t Addl Return I * C. COBB & COMPANY #716 __________________________________________________ __ ___Agency, By. Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1,1975 42 TOTAL l UTEX 000605 70BM NO. TiCMP-M (HM Jaeny t. Ml TCMP--CHANCE ENDORSEMENT > e fHt ai Mkr No- 4 001 230 Fnrr Warrh Iloydll sad bw dMi . <4 the deecnbed ymyrntf. Name of land_______ March 1 1984 L'tex Induitrin. See 22 Inc- et -Jtandaid tta* a tb hattos Policy Tera--i--yn.. >-- August 1. 19.8J3------------------------To---------- AUBUU 1. 1 9 8A. Yrieiltiiom k Hail DoducObloS 5 . QQO . Other Deductible Cleon (Lerte) sppliceble; (speedy) It b tpwd thefc (a) Tha pater li saeaded aInllnai: Ln consideration of an ADDITIONAL PREMIUM of S2850.00, it is hereby understood and agreed that the following changes are made: ( 1 ) Incre ase (2) Increase (3) Decrease (4) De crease ( 5 ) Decrease (6) Decrease ( 7 ) Decrease (8) Decrease ( 9 ) Decrease ( 10 ) Increase contents Bldg 91 (Weimar) by 5353,719 co total 53,325,647. contents Bldg *2 " by 5111,904 to total 5246,386. content s Bldg 3 " by 593,817 to total 537,600. content s Bldg <34 " by 5 1,983 to total 5 1 3,435. contents Bldg . 95 " by S 3 5 3,5 7 9 to total SI,057,653. contents 3 1 dg . 6 " by S 38.42 7.00 to 5 160,043. contents Bldg. *7 " by 5 129 , 158 to 5 5 80 , 704. contents Bldg . 98 " by 5151,871 to 51,029,462. contents Bldg . San Benito by 5107,577 to S759.344. amt. on Uplands Bldg, by 51,542 to 5392,000. (ll)Decrease amt. on contents Katy Fwy. office by 5244,645 to 5582,345. (ll)Increase amt. on contents in Warehouse Katy Freeway by 521,803 to 525,610. Add : (1) 5102,963 on contencs in a Bldg, designated 99, which is a corro- gated metal bldg, located W. of Bldg. 91 & adjacent to machine shop. Add : (2) 58,712.00 on Bldg. #10 located S. of Bldg. #2, being a corrogated metal bldg., housing electrical support system for Purasiv unit (electronic equipment, pumps). Add : (3) 585,830 on contents of Bldg. #10, consisting of electrical support system for Purasiv unit. Add: .. (4) 5619,431 on Purasiv.Solvent Recovery Unit located outside of Bldg. <b) With raJfciict ftMe0MhSs&lad^Us i'peepJrty'lcr which s ^setfk Unit af liability b Am, the ban el tb* Company's UihdUy hall be cheated Is teed el Haled la the Uatts at Liability eelomaa bwwo. Such baits an la baa 4 the limits of Liability staled la the policy sadoot a sddlltna thereto. Dncn>taon L*e. Bid*. N. No. SECTION I--PROPERTY COVERAGE orlimits liability Prerleus Limit New UaM Old Bale Nw RaH Old Dualas BB BB B % PBEM1VMS Newfteiuii s Add! Return S Cwtip C Bodily tofwy Ic ty D-igt \ lability D. frtoiiH Modicrf SECTION --L1ABIUTT COVERAGE LMa a liability LhOwimw atRfna * ttpipb B e.h Acddoat OidfnaioB t PBIMtUMS New Pteailiwi a ami notion t 1I COBB 6 COMPANY #716 P TiCMP-tt, Effocttee Jeaaary 1, IBIS . Aatacy.By- TOTAL 1 LpriK- A UTEX 000606 C. COBB & COMPANY J.D. COBB & COMPANY 4747 GULF FREEWAY HOUSTON. TEXAS 77023 (713) 923-2611 TO: Mr. E. 8. Pippert Utex Industries, Inc P. 0. Sox 79227 Houston, Texas 77079 date July I2t 1984 subject utex Industries, Inc., Xentex, Inc., Xenox etc. TMP 4 001 230 Dear Elvin: Enclosed is endorsement to captioned policy for the increases and decreas es you requested on certain of the buildings and contents, together uith an original and copy of endorsement deleting the contents from Bldg. #9 and adding it to the contents of Bldg. #8. The company requests that you sign the extra copy of the endorsement making the deletion and return to ms for transmittal. Enclosed are~the separate invoices for Xenox, Inc. and Xentex, Inc. as. requested by you. Attach endorsements to policy. PS: I will have to send you a separate invoice on the Uplands bldg. nm#Ml-72T * Wheeler Group Inc. 1979 REOROER ITEM ML-72T UTEX 000607 FORM NO. TiCMP-20 Effective January 1,1975 TCMP--CHANGE ENDORSEMENT This endorsement is made a part of Policy No of the_________________________________________ A QQ1 23Q________ Port Worth Llovda____________________ _ Name of Insurance Company and becomes effective on____ Augu-flt 1,__ L2JL3__________ at_______ of the described property. (Dte Name of InsuredUtSX Industries,___LO. Location of Premises and Occupancy------ _______ 2_2 attached_______ standard time at the location Policy Term----L_--yrs.. From------------- AugUg t--1_,--1983--------------------------- ToAngus t 1 , Windstorm 6c Hail DeductibleS 5,Q 0 0 .Other Deductible Clause (Large) applicable; (specify) 1 9 84. It is agreed that: (a) The policy is amended as follows; In consideration of the premium charged, it is hereby understood and agreed that form 103 is effective from August 1, 1983 to October 1, 1983. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto._________________________________________________________________________________________ SECTION I--PROPERTY COVERAGE Coverage Descrip tion Loc. Bldg. No. No. LIMITS OF LIABILITY Previous Limit New Limit 1 9 Old Rate New Rate Old Premium I $ PREMIUMS New Premium * < Add! Return $ Coverage C. Bodily Injury 6c Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limits of Liability $ each Occurrence $ each Person * Aggregate $ each Accident Old Premium 1 * PREMIUMS New Premium 9 Add! Return 9 99 C. COBB & COMPANY Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1,1975 #716 _________________ Agency, By-------------------------- TCMP--CHANGE ENDORSEMENT TOTAL 9. UTEX 000608 FORM NO. TxMP-52 Effective August 1, 1980 TMP-VACANCY PERMIT Policy No.................... 4.. 001...230 ....... ................... Company.......................... Fort...WprCh...Ll.oyd8 Insured ....................... .......................................................................................................................................................... Permission is granted for the building(s) described below to be vacant for the period indicated. This permit applies only to the peril(s) specified and for which an additional premium* has been charged. DESCRIPTION OF BUILDINC(S) Loc. No. Bldg. No. Location of Premises 1511 Upland, Houston, Texas PERIL(S) Fire and Lightning Extended Coverage* From PERMIT PERIOD To 6-1-84 8-1-84 Hate .011 N/C Add! Prem. $86.00 Vandalism and Malicious Mischief Other ........................................... * The peril of Extended Coverage is included without charge. This Endorsement must be attached to Change Endorsement when issued after the Policy is written. Prescribed by the State Board of Insurance FORM NO. TxMP-52, Effective August 1,1980 xxxxTotal 86.00 UTEX 000609 ENDORSEMENT Date; April 23, 1984 Please attach the enclosed endorsement to-. insured Kind of Policy: TNP - End. TxCHP-20 adding name oP Xenpax, Inc. as an Company and RJLloyds Policy Number: TMP 4 001 230 Please do not fail to have this done. Thank you. r Nr. E. 8. Pippert T0 P. 0. Box 79227 Houston, Texas 77079 L C. COBB & COMPANY Insurance -- All Unas 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phone: (713) 923-2611 UTEX 000610 FORM NO. TxCMP-20 Effective January 1, 1975 TCMP--CHANCE ENDORSEMENT This endorsement is made a part of Policy No. of the________________________________________ 230________ Fort Worth Lloyds Name of Insurance Company and becomes effective on of the described property. Mag gh__ 1 , 19 84at (Date) Name of Insured________ ______________ Utex Induatriea,__ lac,.__ e_L. Location of Premises and Occupancy____See 22__________________________________ standard time at the location Policy Term____1____ yrs., FromAugust_________ L,__ LSA3ToAugust 1, 1984 Windstorm & Hail Deductible___ 35,000._______________ Other Deductible Clause (Large) applicable; (specify) It is agreed that: (a) The policy is amended as follows: It is hereby understood read as follows: and agreed that the named insured should Utex Industries, Inc., and Zenox, Inc. A Wholly Owned Subsidiary of Utex Industries, Inc. and Xentex, Inc., A Subsidiary of Utex and Xenpax, Inc., A Subsidiary of Utex. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property far which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto. Coverage Descrip* tioo Loc. Bldg. No. No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New Limit Old Rate New Rate Old Premium * $9 1 1 PREMIUMS New Premium 9 Add! Return t 1 Coverage C. Bodily Injury A Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limits of Liability 9 each Occurrence 9 each Person 9 Aggregate * each Accident Old Premium 9 PREMIUMS New Premum 9 Add! Return 9 999 C. COBB & COMPANY #716 Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1,1975 TOTAL 1 UTEX 000611 ENDORSEMENT Date: April 23, 1984 Please attach the enclosed endorsement to: Kind of Policy: TAP - End. TxCnP-20 delating as of 9/2/83 vacant land at Humble, Tx. from Sec. II coverage for a return premium of $93.00 Company and Port Worth Lloyds Policy Number: TI*IP 4 001 2 30 Please do not fail to have this done. Thank you. Credit invoice is enclosed for Utex. r Plr. E. 8. Pippert ,, P. 0. 8ox 79227 TO Houston, Tx. 77079 L C. COBB & COMPANY Insurance -- All Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Ptiona: (713) 923-2011 UTEX 000612 'A' FORM NO. TiCMP-20 Effective January 1, 1975 TCMP--CHANGE ENDORSEMENT This endorsement is made a part of Policy No of the________________________________________ 4 QQ1 23Q_______ Fort Worth Lloyda Name of Luunnce Company and becomes effective on ____September 2,__ L2_2J__ at of the described property. (Date) Name of Insured__________________Utex Industries,__Inc, st Location of Premises and Occupancy____ See 2 2__________________________ standard time at the location Policy Term------ 1_____>ts., FromAu gu 3 t________ 19 83ToAu gu 3 t______________________1 , 19 84 Windstorm & Hail Deductible$ 5 , QQQ .Other Deductible Clause (Large) applicable; (specify) It is agreed that: (a) The policy is amended as follows; In consideration of a RETURN PREMIUM of $93.00, it is hereby understood and agreed that the following change is made under Section II. Delete: Vacant Land Humble, Texas Code 63130 a)3283 All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto. Coverage Descrip tion Loc. Bldg. No. No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New Limit Old Rate Niw Rate Old Premium 1* ** * * PREMIUMS New Premium * 9 Add! Return 9 9 Coverage C. Bodily Injury it Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limits of Liability * each Occurrence 1 each Person t Aggregate 9 each Accident Old Premium f PREMIUMS New Premium 9 Add! Return * 9 $9 C. COBB & COMPANY #716 Prescribed by the State Board of Insurance 7orm TiCMP-20, Effective January 1,1975 Agency, By_ TOTAL *- UTEX 000613 ENDORSEMENT Date: Nov. 23, 1983 Please attach the enclosed endorsement to: ito; Kind of Policy: TUP; End. TxCflP-20 reducing contents coverage San Ben increasing contents 81dg. #1, Weimar plant; reducing bldg. amt. Uplands Company and Fort Worth Lloyds Policy Number: TMP4 001 230 Please do not fail to have this done. Thank you. Credit per endorsement on enclosed invoice. ^flr. E. B. Pippert Utex Industries, Inc. TO P. 0. Box 79227 Houston, Texas 77079 L C. COBB & COMPANY Insurance -- AH Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phone: (713)923-2811 UTEX 000614 FORM NO. TrCMP-20 Effective January 1, 1975 TCMP--CHANGE ENDORSEMENT This endorsement is made a part of Policy No. of the_________________________________________ 4 001 23Q Fort Worth Lloyds Name at Insurance Company and becomes effective on of the described property. NqVfifflbe r__ 7 , 19 8 3at (Date) Name of Insured______________________ Utex Industries,___InC-c.-g-L Location of Premises and Occupancy___ _______ 2 2 ------------------------------------------------ .standard time at the location Policy Term 1 yrv, FromAugust 1,________ L28-3 ToAugust 1, 5Windstorm 4c Hail Deductible$ , QQQ .Other Deductible Clause (Large) applicable; (specify) 1984 It is agreed that: (a) The policy is amended as follows: In consideration of return $140.00 premium, it is hereby understood and agreed that the following changes are made: 1. Reduce the Contents amount at San Benito plant by $98,981.00 to a total of $866,921.00. 2. Increase Contents in Bldg #1 at Weimar plant by $98,981.00 to a total of $2,971,928.00.J 3. Reduce the building at 1511 Upland, Houston, Texas by $129,542.00 to a total of $390,458.00. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property for which a specific limit of liability Is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy ana not in addition thereto. Coverage Descrip tion Loc. Bldg. No. No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New Limit Old Rate New Rate Old Premium *$ ** $ PREMIUMS New Premium S Add! Return $ 9 Coverage C. Bodily Injury & Prop erty Damage Liability D. Premises Medical Payments SECTION H--LIABILITY COVERAGE Limits of Liability each Occurrence * each Person $ Aggregate * each Accident Old Premium 9 9 PREMIUMS New Premium 9 Add! Return * 9* C. COBB & COMPANY #716 Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1, 1975 Agency, By. TOTAL $ UTEX 000615 ENDORSEMENT Data Nov 23, X983 PUa< attarh >h anrln<H endorsement to Kind of Policy: THP: End. TxCHP-20 adjustment of rate Upland bldg, from temporary to published rate. Invoice for return credit enclosed. Company and Fort Uorth Lloyds Policy Number: TMP4 001 230 Please do not fail to have this done. Thank you. Hlr. E. B. Pippert Utex Industries, Inc. TO P. 0. Box 79227 Houston, Texas 77079 L C. COBB & COMPANY Insurance -- AH Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phone: (713) 923-2011 UTEX 000616 FORM NO. TiCMP-20 Effective January 1, 1975 TCNIP--CHANGE ENDORSEMENT This endorsement is made a part of Policy No. of the-------------------------------------------------------------- k QQ1 230________ Fort Worth Lloyds Name of Insurance Company and becomes effective on of the described property. October 1, 1983--------- at___------------------ (Date) standard time at the location Name of Insured______________________ Utex Industries,___Inc .---L Location of Premises and Occupancy___ S_J5__ 2_2_-- -------------------------------------- Policy Term 1 yra From______ August 1983-----------------------------To------------- August 1.,--L9 84 Windstorm & Hail Deductible51,000.Other Deductible Clause (Large) applicable; (specify)---------------------------------------- It is agreed that: (a) The policy is amended as follows: In consideration of a return premium of $931.00, it is hereby understood and agreed that the premium on building at 1511 Upland, Houston, Texas is adjusted due to published rate being received. Construction is SFR-HC. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the Umit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability in the policy ana not in addition thereto. Coverage Descrip tion Loc. Bldg. No, No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New Limit Old Rata New Rata Old Premium ** $$ $ $ PREMIUMS New Premium $ $ Add! Return t $ Coverage C. Bodily Injury tc Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limits of Liability each Occurrence * each Person * Aggregate 1 each Accident Old Premium t PREMIUMS New Premium t Add! Return * $9* C. COBB & COMPANY #716 Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1,1975 UTEX 000617 ENDORSEMENT Data: Nov. 24, 1983 Please attach the enclosed endorsement to 2/1/84) Kind of Policy: 1511 Upland Company and Policy Number: TPIP: End. TxHP-52 Vacancy and. 3 moa. (11/1/83 to Fort Uorth Lloyds TP1P4 001 230 Please do not fail to have this done. Thank you. Invoice for additional premium is enclosed. r nr. E. B. Pippert __ Utex Industries, Inc. P. 0. Box 79227 Houston, Texas 77079 L C. COBB & COMPANY Insurance -- All Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phone: (713) 923-2011 UTEX 000618 FORM NO. TxMP-52 Effective August 1, 1180 TMP-VACANCY PERMIT Policy No......................4.....Q.Q.L..2.1Q............................Company.......................... F..Xt....W.Q.c.t;.h1...L.],.Q.y.d 3........................................ ...................... Insured....................... II.t.eot...In.d.aal:x.i.&a.h....I.ac....... e.t........................................................................................................ Permission is granted for the building(s) described below to be vacant for the period indicated. This permit applies only to the peril(s) specified and for which an additional premium* has been charged. DESCRIPTION OF BL'ILDINC(S) Lot. No. Bldg. No. Location ot Premises 1511 Upland, Houston, Texas PERIL(S) Fire and Lightning Extended Coverage* From PERMIT PERIOD To 11-1-83 2-1-84 Rate .011 N/C Add'l Prem. 172.00 Vandalism and Malicious Mischief Other .......................................... The peril of Extended Coverage is included without charge. This Endorsement must be attached to Change Endorsement when issued after the Policy is written. Prescribed by the State Board of Insurance FORM NO. TxMP-52, Effective August 1,1980 xxxxTotal 172.00 UTEX 000619 ENDORSEMENT Data: Oct. 26, 1983 Please attach the enclosed endorsement to: Kind of Policy: THP - End. TxCflP-20 adding glass covaraga on itaas spacifiad on End. Tx-CBP-179 Company and Fort Worth Lloyds Policy Number: TrtP 4 001 230 Please do not fail to have this done. Thank you. Invoice for additional pramiua is enclosed. r Xantax, Inc. T0 P. 0. Box 79227 Houston, Texas 77079 Attn. Hr. E. 8. Pippart C. COBB & COMPANY Insurance -- All Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phone (713) 923-2611 UTEX 000620 FORM NO. TiCMP-20 Effective January 1, 1973 TCMP--CHANGE ENDORSEMENT This endorsement is made a part of Policy No. of the__________________________________________ 4 001 230 Fort Worth Llovda_______________________ Name of Insurance Company and becomes effective on___September 27,__ 1983 of the described property. (Dte) ___________ Name of InsuredUtex Industries, Inc. Location of Premises and Occupancy____ S 6 6__2_2 standard time at the location Policy Term--1------ yrs.. From----------August--L-,--1983---------------------------- ToAug nut 1, 1 Q ft A Windstorm 4t Hail Deductible$ 5 , QOQ .Other Deductible Clause (Large) applicable; (specify) It is agreed that: (a) The policy is amended as follows: In consideration of an ADDITIONAL PREMIUM of $1242.00, it is hereby understood and agreed that form 179 (Glass endorsement) is added. See form attached. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto. SECTION I--PROPERTY COVERAGE Coverage Descrip tion Loc. Bldg. No. No. LIMITS OF LIABILITY Previous Limit New Limit 1* *1 Old Rate New Rate Old Premium * * PREMIUMS New Premium 9 Add! Return * Coverage C. Bodily Injury 4c Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limits of Liability $ each Occurrence * each Person * Aggregate 1 each Accident Old Premium $ PREMIUMS New Premium $ Add! Return * *$ C. COBB & COMPANY Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1,1975 #716 -Agency, By--------- TCMP--CHANGE ENDORSEMENT TOTAL *_ UTEX 000621 I OK\( NO. TxCMP-179 Effective January l, 1975 TCMP--GLASS COVERAGE ENDORSEMENT In consideration of '.he pavnv nt of premium and subject to ail Llit- terms of this endorsement: l. PROPERTY COVERED This endorsement covers damage to the glass described in the schedule and to the lettering and ornamentation separately described therein, by breakage of the glass or by chemicals accidently or maliciously applied. The Company will pay for: a. repairing or replacing frames immediately encasing and contiguous to such glass when necessary because of such damage; b. installing lemporary plates in or boarding up openings containing such glass when necessary because of unavoidable delay in repairing or replacing suen damaged glass; c. removing or replacing any obstructions, other than window displays, when necessary in replacing such damaged glass, lettering or orna mentation. 2. SCHEDULE Loc. No. Bldg. No. Number of Plates Length in Inches Width in Inches Description of Class, Lettering and Ornamentation; Position in Building. The glass is plain flat with all edges set in frames, unless otherwise stated herein. Specific Limit, if any Premium 4 103 21 windows-tinted safety gla S S 88.42 1 103 44 windows-tinted safety gla S S 46.70 10 103 50% windows-tinted safety gla SS 553.66 26 103 58% windows-tinted safety gla S S 1657.84 1 103 64% windows-tinted safety gla SS 70.06 1 ~ 103 59% windows-tinted safety gla BS 63.76 1 103 49% windows-tinted safety gla 9 S 53.26 ____ 4_____ ____UL3___ 31 3/4 ___ Doors-tinted safety glass ___ 132.24 Total Premium $ I tl C 1 . 3. EXCLUSION Insurance provided by this Endorsement does not apply to loss caused by or due to fire. 4. CONDITIONS Limits of Liability and Settlement Options: The limit of the Company's liability for damage shall not exceed the actual cash value of the property at time of loss, nor what it would then cost to repair or replace the damaged property with other of the nearest obtainable kind and quality, nor the applicable limit of insurance stated in the schedule; provided, however, the limit of the Company's liability under each ot paragraphs (la), (lb) and (lc) above, is $75 with respect to loss due to any one occurrence at any one location separately occupied or designed tor separate occupancy. The Company may pay for the loss in money or may repair or replace the property. Any property so paid for or replaced shall become the property of the Company. 5. OTHER PROVISIONS APPLICABLE TO THIS ENDORSEMENT A. The following Provisions as fuund on Page 2 of the Policy are also applicable to this Endorsement: Cancellation of Policy; Requirements In Case Loss Occurs: Suit; Subrogation. B. The following Provi'ions applicable to Section I of the Policy are also applicable to this Endorsement: Nuclear Exclusion; Other Insurance. C. The following Provisions applicable to Section I and II of the Policy are also applicable to this Endorsement: War Risk Exclusion; Liber alization Clause; inspe.: a and Audit; Conformity' with Statute; Policy Period. Territory; Time of Inception. This Endorsement must be attached to Change Endorsement TxCMP-20 when issued after the Policy is written. Prescribed by the Mate Board of Insurance Form TxCMP-179. Effective January 1. 1975 UTEX 000622 ENDORSEMENT Date: Oct. 26, 1963 Please attach the enclosed endorsement to: Upland, Kind of Policy: THP - End. TxCHP-20 adding coverage on bldg. Houston, Tx. for amount of 1520,000.00 (tanporary rata) Company and fort Worth Lloyds Policy Number: THP 4 001 230 1511 Please do not fail to have this done. Thank you. We have filed for published rate. Invoice for additional premium is enclosed. r Xentox, Inc. Tn P. 0. Box 79227 IU Houston, Texas 77079 Attn. Mr. E. B. Pippert L C. COBB & COMPANY Insurance -- AH Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phont: (713) 923-2611 UTEX 000623 FORM NO. TiCMP-20 Effective January 1, 1975 TCMP--CHANCE ENDORSEMENT This endorsement is made a part of Policy No of the_________________________________________ 4 QQ1 230________ Fort Worth Lloyds__________________________ Name of Insurance Company and becomes effective on.____ Q g t Q b_& r 1 f 1.9 83 .... ____ at_____________ of the described property. (Date) Name of Insured_______________________ Utex Industries,__ Inc, ft t Location of Premises and Occupancy See 2 2__________________________ _______ .standard time at the location Policy Term----- 1------ yrs.. From-------- August--L,--LS 83-- ToAugU3 t 1 19 84 Windstorm 4c Hail Deductible$ 5 , QQ Q .Other Deductible Clause (Large) applicable; (specify) It is agreed that: (a) The policy is amended as follows; In consideration of an ADDITIONAL PREMIUM of $1922.00, it is hereby understood and agreed that $520,000.00 coverage is added covering a building located at 1511 Upland, Houston, Texas. Construction SFR - M. All other terms and conditions remain unchanged. (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown, the limit of the Company's liability shall he changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto._____________________________________________________________________________________ SECTION I--PROPERTY COVERAGE Coverage Descrip tion Loc. Bldg. No. No. LIMITS OF LIABILITY Previous Limit New Limit s* 1* Old Rate New Rate Old Premium * * PREMIUMS New Premium % Add! Return * * Coverage C. Bodily Injury 8c Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limiti of Liability * each Occurrence $ each Person * Aggregate $ each Accident Old Premium * % PREMIUMS New Premium Add! Return 1 $$ C. COBB & COMPANY Prescribed by the State Board of Insurance Form TrCMP-20, Effective January 1,1975 #716 -Agency, By_ TCMP--CHANGE ENDORSEMENT TOTAL I- UTEX 000624 ENDORSEMENT Date; Jan. 31. 1983 Please attach the enclosed endorsement to: Kind of Policy; TUP - End. TxCHP-20 extending bldr. riak (Upland) for 2 month* to HARCH 18, 1983 Company and fULloyda Policy Number: Tf1P4 000 830 Please do not fail to have this done. Thank you. Invoice for additional premium is ancloaad. r fir. E. 8. Pippart TO Utax Induatriaa, Inc. IU P. 0. Box 79227 Houaton, Texas 77079 L C. COBB & COMPANY Insurance -- AH Lines 4747 GULF FREEWAY HOUSTON. TEXAS 77023 Phona: (713) 923-2611 UTEX 000625 FORM NO. TxCMP-20 Effective January 1, 1975 TO* IANGE ENDORSEMENT This endorsement is made a part of Policy No. of the_________________________________________ 4 QQQ 830 Fort Worth Llayda Name of Inturmnce Company and becomes effective on of the described property. Jsnuary__ 1 8 ,___1983at (Dtf) Name of Insured______________________Utex Industries. Inc, et al Location of Premises and Ormpanry S e 6 2 2______________________________ standard time at the Location Policy Term 1___yrs., From________August lf___L2JL2-----------------------------ToAugust 1, Windstorm Sc Hail DeductibleS 5 f QQQ .Other Deductible Clause (Large) applicable; (specify) 1983 It is agreed that: (a) The policy is amended as follows: In consideration of an ADDITIONAL PREMIUM of $151.00, hereby understood and agreed that the Coverage on the risk (form IMP 103) is extended until March 18, 1983. it is builders All other terms and conditions remain unchanged. (b) With respect to those coverages and lands of property for which a specific limit of liability is shown, the limit of the Company's liability shall be changed to read as stated in the Limits of Liability columns herein. Such limits are in lieu of the Limits of Liability stated in the policy and not in addition thereto. Coverage Descrip tion Loc. Bldg. No. No. SECTION I--PROPERTY COVERAGE LIMITS OF LIABILITY Previous Limit New limit Old Rate New Rate Old Premium * *9 1 $ PREMIUMS New Premium $ * Add! Return * * Coverage C. Bodily Injury & Prop erty Damage Liability D. Premises Medical Payments SECTION II--LIABILITY COVERAGE Limits of Liability $ each Occurrence $ each Person * Aggregate 9 each Accident Old Premium 9 PREMIUMS New Premium 9 Add! Return 9 9 99 C. COBB & COMPANY #716 Prescribed by the State Board of Insurance Form TxCMP-20, Effective January 1, 1975 UTEX 000626 C. COBB & COMPANY J.O. COBB & COMPANY 4747 GULF FREEWAY HOUSTON. TEXAS 77023 (713) 923-2611 TO: Mr. E. B. Pippert tltex Industries, Inc. P. 0. Box 79227 Houston, Texas 77079 date November 15, 1982 subject tap Policy 4 000 830 Bldr. Risk End. Bldg. 1511 Upland Oear Elvin: Enclosed is an End. TxCMP-20 to captioned policy, adding builder's risk coverage Form TxMP-103 on the construction of the building at 1511 Upland, Houston, Tx. It uas requested that ue write the coverage since the builder ap parently does not have a blanket builder's risk policy. I advised Mickey that ue could add the coverage to the Utex TMP policy. This coverage is for the period October 18, 1982 to January 18, 1983. If the_building is not completed by the latter date, the coverage can be extended. * / /, . J Our invoice for^the additional premium is enclosed. If this cost, uas agreed to be borne by the builder you can advise Mickey of the amount so that it can be uithheld from his final draw. Be sure and attach the enclosed endorsement to the TMP policy. Cordially^-^7- item MU 72T TWheeier Group Inc. ^ 'Amelie ft#ofd#r Item # MI-72T UTEX 000627