Document jNkQ9Q4on8YyzN25ep763KgnO

i *i i| j j j I t > i N17600 1/0/ -Sbjiloi fo m s b t *9 VNI Si 5 2o * KJ W 9 C9 z rg S GLD055754 0049-GLD-000055754 V <rnL^ (jZ&wo i^-- f^ fV/^ GLD055755 0049-GLD-000055755 0 CIGNA Property and Casualty Insurance Company 0 CIGNA Rre Underwriters Insurance Company 0 Bankers Standard insurance Company Century Indemnity Company DECLARATIONS -- GENERAL LIABILITY POLICY CIGNA Insurance Company 0 Indemnity Insurance Company of North America Insurance Company of North America Pacific Employers Insurance Company POUCY IDENTIFICATION I CGO 1 1 GI 423000-2 NAME) INSURED Hanson Industries 99 Wood Avenue South Iselin, NJ 08830-0000 POLICY IS Renewal OF CGO Gl 658779-5 NAMED INSURED IS Hanson Industries (See Named Insured Endorsement No. 1) BUSINESS OF INSURED: Diversified Industrial Management Company POUCY PERIOD : FROM October 1, 1995 TO October 1, 1996 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE AUDIT PERIOD PAYMENT FREQUENCY PAYMENT SCHEDULE PREMIUM PAYMENT CONDITIONS Annual : Monthly (See Interim Premium Payment Endorsement No. 22) TOTAL ADVANCE PREMIUM : $ 29,601,500. PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE. LD-8E00a Printed m USA (Ed. 10/87) Cat No. AA 067280a GLD0557S6 0049-GLD-000055756 DECLARATIONS - GENERAL LIABILITY POLICY Page 2 POLICY IDENTIFICATION CGO G1 423000-2 COVERAGES AND LIMITS OF INSURANCE In return for the payment of premium indicated above, we agree with you to provide the following coverage(s) at the limits shown, subject to all of the terms and conditions of this policy. Coverage Form: COMMERCIAL GENERAL LIABILITY General Aggregate Limit (other than Products/ Completed Operations) Products/Completed Operations Aggregate Limit Personal & Advertising Injury Limit Each Occurrence Fire Damage Limit (any one fire) Medical Expense Limit (any one person) COMMERICAL G3NERAL LIABILITY Each Occurrence - (Products/Completed Operations Limit) Each Occurrence - (Errors and Omissions Limit) Errors and Omissions Aggregate Limit LIQUOR LIABILITY Bach Occurrence Limit Aggregate Limit Limits of Insurance $ Not Applicable $ 15000(000 $ 3(000(000 3(000,000 $ 250,000 $ 5,000 $ 5,000,000 $ 3,000(000 $ 3(000(000 $ 3,000,000 $ 3,000,000 SCHEDULE OF LOCATIONS LOCATION NUMBER AND ADDRESS All locations of the named insured as per schedule on file with the company. LD-2F52a (Ed. 3/87) Printed in U.S.A. AA067274a GLD055757 0049-GLD-000055757 DECLARATIONS - GENERAL LIABILITY POLICY Page 3 POLICY IDENTIFICATION CG0 G1 423000-2 SCHEDULE OF COVERAGES COVERAGE PART: Location Number Coverage Class CodeJ Premium Classification Description Basis Exposure Rate $ Premium $ $$ $$ $$ $$ $$ $$ $$ TOTAL PREMIUM FOR THIS COVERAGE PART Included in Composite Rate $ When used as a premium basis the following code definitions apply: A - Arpa - Per 1 OOO square feet nf area C - Total Cost - per $1,000 of total cost D - If Any E - Admissions - per 1,000 admissions F - Flat Charge J - Total Operating Expenditures - per $1,000 of Expenditures O - Other P Payroll - per $1,000 of payroll S - GrossSales - (jer $1,000 of Gross Sales U - Units X - Each LD-2D51a (Ed. 3/87) Printed in AA067271a GLD055758 0049-GLD-000055758 DECLARATIONS - GENERAL LIABILITY POLICY Page 4 a FORMS AND ENDORSEMENTS POLICY IDENTIFICATION CGO G1 423000-2 FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SCHEDULE OF COVERAGE FORMS FORK NO. DESCRIPTION LD-8S00& LD-2F52a LD-2D51a LD-2A48a CG-0001 CQ-0033 IL-0017 Declarations - General Liability Policy Declarations - General Liability Policy, Page 2 Declarations General Liability Policy, Page 3 Declarations - General Liability Policy, Page 4 Commercial General Liability Coverage Form Liquor Liability Coverage Form Common Policy Conditions SCHEDULE OF ENDORSEMENTS POSH NO. ENDT. NO. DESCRIPTION CC-1E15 LD-2R90 CC-1S15 CC-1E1S CC-1S15 CC-1S15 CC-1E15 CC-1BX5 CC-1E15 CC-1E15 CC-1E15 CC-1S15 CG-2404 CC-1B15 LD-4S35 LD-3R16 CC-1B15 Manuscript CC-1E15 CC-XE15 CC-1E15 LC-57Sd 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13 . 14. IS. 16. 17. 18. 19. 20. 21. 22. Named insured Endorsement Additional Insured - Employees Professional Health Care Services Composite Rate Endorsement Amendatory Endorsement - Cancellation By Us Professional Services - Errors and Omissions Amendatory Endorsement - Waiver of Subrogation Amendatory Endorsement - Definition of Covered Watercraft Amendatory Endorsement - Additional Insured Amendatory Endorsement - "In Rem" Coverage Amendatory Endorsement - Employee Bodily Injury Exclusion Amendatory Endorsement - Specified Certificate Holders Exclusion Amendatory Endorsement - Policy Conditions Waiver of Transfer of Rights of Recovery Against Grove UK Amendatory Endorsement - Pollution Exclusion Exclusion - Lead Exclusion - Asbestos Medical Professional Liability - Covered Physicians Claims Hade Physicians Professional Liability Coverage Amendatory Endorsement - Logging and Lumbering Operations Non Accumulation of Limits of Insurance Endorsement Amendatory Endorsement - Worldwide Products Policy Territory Interim Premium Payment Endorsement This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes this policy. COUNTERSIGNED AT: DATE: LD-2A48a (Ed. 3/87) Printed in U.S.A. AUTHORIZED AGENT: / AA067266a GLD055759 0049-GLD-000055759 DECLARATIONS GENERAL LIABILITY POLICY Page 4 b POLICY IDENTIFICATION CGO G1 423000-2 FORMS AND ENDORSEMENTS FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION FORM MO BNDT. MO. DESCRIPTION CG-2150 CG-2015 CG-2010 IL-0021 CG-0043 CG-0048 IL-0280 11-0258 IL-0231 11-0270 IL-0228 11-0260 11-0237 IL-0278 CG-0220 11-0262 IL-0265 11-0204 CG-0200 IL-0158 IL-0272 XL-0276 Xl-0261 Xl-0263 11-0277 IL-0247 CG-0201 11-0286 CG-2605 IL-0245 11-0282 IL-0274 IL-0167 IL-0243 11-0259 11-0251 IL-0135 11-0208 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 46. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. Amendment of Liquor Liability Exclusion Additional Insured - Vendors Additional Insured - Owners, Lessees, or Contractors Mudear Energy Liability Exclusion Endorsement Changes In Commercial General Liability Coverage Form Changes In Products/Campleted Operations Liability Coverage Form Alaska Changes - Cancellation and Mon Renewal Arizona Changes - Cancellation and Mon Renewal Arkansas Changes - Cancellation California Changes - Cancellation and Mon Renewal Colorado Changes - Cancellation and Non Renewal Connecticut Changes - Cancellation and Mon Renewal Delaware Changes - Termination Provisions District of Columbia Changes-Cancellation and Non Renewal Florida Changes - Cancellation and Mon Renewal Georgia Changes - Cancellation and Non Renewal Hawaii Changes - Cancellation and Mon Renewal Idaho Changes - Cancellation and Mon Renewal Illinois Changes - Cancellation and Non Renewal Indiana Changes Indiana Changes - Cancellation and Mon Renewal Iowa Changes - Cancellation and Non Renewal Kansas Changes - Cancellation and Mon Renewal Kentucky Changes - Cancellation and Mon Renewal Louisiana Changes - Cancellation and Non Renewal Maine Changes - Cancellation and Mon Renewal Maryland Changes Michigan Changes - Cancellation and Non Renewal Minnesota Changes Minnesota Changes - Cancellation and Non Renewal Mississippi Changes - Cancellation and Non Renewal Missouri Changes - Cancellation and Non Renewal Montana Changes - Conformity with Statutes Montana Changes Nebraska Changes - Cancellation and Non Renewal Nevada Changes - Cancellation and Mon Renewal New Hampshire Changes - Cancellation and Non Renewal New Jersey Changes - Cancellation and Non Renewal This declaration and the coverage formls) and endorsements, if any, listed above and attached, completes this policy. COUNTERSIGNED AT: AUTHORIZED AGENT: ^^ DATE: LO-2A48a (Ed. 3/87) Printed inU.S.A. AA067266a GLD055760 0049-GLD-000055760 DECLARATIONS - GENERAL LIABILITY POLICY Page 4 c POLICY IDENTIFICATION CGO <31 423000-2 FORMS AND ENDORSEMENTS FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION FORK NO. ENDT. NO. DESCRIPTION CG-0163 IL-0268 XL-02 34 IL-0244 XL-0236 XL-0279 IL-024S IL-0273 XL-0249 XL-0232 21.-0250 IL-0275 CG-0205 XL-016S XL-0266 CG-0186 IL-0126 IL-0219 IL-0133 XL-C152 CG-0181 CG-0197 IL-0281 CG-0124 EL-02 33 CG-01S0 CG-0135 IL-0252 Manuscript 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. New York Changes * Amendatory Endorsement New York Changes - Cancellation and Non Renewal North Dakota Changes - Cancellation and Non Renewal Ohio Changes - Cancellation and Non Renewal Oklahoma Changes - Cancellation and Non Renewal Oregon Changes - Cancellation and Non Renewal Pennsylvania Changes - Cancellation and Non Renewal Rhode Island Changes - Cancellation and Non Renewal South Carolina Changes - Cancellation and Non Renewal South Dakota Changes - Cancellation and Non Renewal Tennessee Changes - cancellation and No t Renewal Texas Changes - Cancellation and Non Renewal Texas Changes - Amendment of Cancellation Provisions or Coverage Change Texas Changes - Duties Utah Changes - Cancellation and Non Renewal Utah Changes Vermont Changes - Statutory Limits Vermont changes - Cancellation and Non Renewal Virginia Changes - Cancellation Virginia Changes Washington Changes Washington Changes-Employment-Related Practices Exclusion West Virginia Changes - Cancellation Wisconsin Changes - Amendment of Policy Conditions Wisconsin Changes - Cancellation and Non Renewal Wyoming Changes Wyoming Changes - Amendment of your Right to Claim an occurrence information Wyoming Changes - Cancellation and Non Renewal Loss Divisor Premium Endorsement - One Year Plan This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes this policy. COUNTERSIGNED AT: AUTHORIZED AGENT: ^ ^ DATE: LD-2A48a (Ed. 3/87| Printed in U.S.A.. AA067266a GLD055761 0049-GLD-000055761 CGO G1 423000-2 COMMERCIAL GENERAL LIABILITY CG 00 01 10 93 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights. duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara tions. and any other person or organization qualify ing as a Named insured under this policy. The words "we", 'us" and "our" refer to the company providing this insurance. The word "insured" means any person or organiza tion qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured be comes legally obligated to pay as damages because of "bodily injury" or "property dam age" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our dis cretion investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF IN SURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or 8 or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "bodily injury" and "property damage." only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organiza tion for care, loss of services or death resulting at any time from the "bodily injury". 2 Exclusions. This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the in sured. This exclusion does not apply to "bod ily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" oc curs subsequent to the execution of the contract or agreement; or (2} That the insured would have in the ab sence of the contract or agreement. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by rea son of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol; or (3) Any statute, ordinance or regulation relat ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sell ing, serving or furnishing alcoholic beverages. CG 00 01 10 93 Copyright, Insurance Services Office, Inc.. 1992 Page 1 of 12 GLD055762 0049-GLD-000055762 d. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unem ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to:- (1) `An "employee" of the insured-arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the con duct of the insured's business; or (2) The spouse, child, parent brother or sister of that "employee" as a consequence of paragraph (1) above. n This exclusion applies: (d) At or from any premises, site or location on which any insured or any contrac tors or subcontractor? working directly or indirectly on any insured's behalf are performing operations: (i) If the pollutants are brought on or tp the premises, site or. location in connection with such operations by such insured, contractor or subcon tractor; or <it> If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not ap ply to "bodily injury" or "property damage" arising out of heat smoke or fumes from a hostile fire. (1) Whether the insured may be liable as an employer or in any other capacity; and As used in this exclusion, a hostile fire means one which becomes uncontrollable (2) To any obligation to share damages with or repay someone else who must pay or breaks out from where it was intended to be. damages because of the injury. (2) Any loss, cost or expense arising out of This exclusion does not apply to liability as any: sumed by the insured under an "insured con tract". (a) Request, demand or order that any in sured or others test for, monitor, clean f. Pollution If (1 > "Bodily injury" or "property damage" aris ing out of the actual alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants; (a) At or from any premises, site or location which is or was at any time owned or occupied by. or rented or loaned to, any insured; up, remove, contain, treat, detoxify or neutralize, or in any way respond to. or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handl ing, storage, disposal, processing or treatment of waste; Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi. als to be recycled, reconditioned or reclaimed. (c) Which are or were at any time trans ported, handled, stored, treated, dis posed of, or processed as waste by or for any insured or any person or or ganization for whom you may be legally responsible; or g. Aircraft, Auto or Watercraft "8odily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes opera tion and "loading or unloading". Page 2 of 12 Copyright, Insurance Services Office, Inc., 1992 CG 00 01 10 93 GLD055763 0049-GLD-000055763 ( This exclusion does not apply to: (5) That particular part of real property on (1) A watercraft while ashore on premises you own or rent (2) A watercraft you do not own that >s: which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those (a) Less than 26 feet long; and operations; or (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" aris` ing out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equip ment". (6) That particular part of any property that must be restored, repaired or replaced be cause "your work" was incorrectly per formed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex clusion do not apply to liability assumed un der a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". - h. Mobile Equipment k. Damage to Your Product "Bodily injury" or "property damage" arising out of: "Property damage" to "your product" arising out of it or any part of it. (1) The transportation of "mobile equipment" by an, "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for. any prearranged racing, speed, demolition, or stunting activity. i. War l . Damage to Your Work . "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. I "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j. Damage to Property "Property damage" to: m. Damage to Impaired Property or Prop erty Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan gerous condition in "your product" or "your work"; or (1} Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property, arising out of sudden and accidental physical injury to 'your prod uct" or "your work" after it has been put to its intended use. CG 00 01 10 93 Copyright Insurance Services Office. Inc.. 1992 Page 3 of 12 Q GLD055764 0049-GLD-000055764 n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace ment adjustment removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is with drawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency, inad equacy or dangerous condition in it. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in LIMITS OF IN SURANCE (Section 111). COVERAGE B. PERSONAL AND ADVERTIS ING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured be comes legally obligated to pay as damages because of "personal injury'1 or "advertising injury" to which this insurance-applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" or of fense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF IN SURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to: (1) "Personal injury" caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you; (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. b. "Advertising injury' arising out of: (1) Breach of contract, other than misappro priation of advertising ideas under an im plied contract; (2) The failure of goods, products or services to conform with advertised quality or per formance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcast ing, publishing or telecasting. Pa Page 4 of 12 Copyright, Insurance Services Office. Inc.. 1992 CG 00 01 10 93 GLD055765 0049-GLD-000055765 COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an acci dent: (D On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the acci dent; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for: (1) First aid administered at the time of an ac cident;. (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de vices; and (3) Necessary ambulance, hospital, profes sional nursing and funeral services. 2. Exclusions. We will not pay expenses for "bodily injury"; a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally oc cupies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily in jury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person injured while taking pan in ath letics. f. Included within the "products-completed op erations hazard". g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit". 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. CG 00 01 10 93 Copyright. Insurance Services Office, Inc.. 1992 Page 5 of 12 GLD055766 0049-GLD-000055766 7. All interest on the. full amount of any judgment that accrues after entry of the judgment and be fore we have paid, offered to pay, or deposited in court the part of the judgment that is, within the applicable limit of insurance. These payments will not reduce the limits of insur ance. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in sureds, but only with-respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in sured. Your members, your partners, and their spouses are also insureds, but only with re spect to the conduct of your business. c. An organization other than a partnership or joint venture, you are an insured. Your "exec utive officers" and directors are insureds, but only with respect to their duties as your offi cers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees', other than your "executive officers", but only for acts within the' scope of their employment by you or while perform ing duties related to the conduct of your business. However, no "employee" is an in sured'for: (1) "Bodily injury" or "personal injury":1 (a) To you. to your partners or members (if you are a partnership or joint venture), or to a co-"employee" while in the course of his or her employment or while performing dudes related'to the conduct of your business; (b> To the spouse, child, parent brother or sister of that co-'employee" as a con sequence of paragraph (1 )(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con trol of, or over which physical control is being exercised for any purpose by you, any of your "employees" or, if you are a partnership or joint venture, by any part` `ner or member. b. Any person (other than your "employee"), or any organization while acting as your real es tate manager. c<Any person or organization having proper temporary custody of your- property if you die, , but only: . (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has' been appointed. / d. Your legal representative if you die. but only with respect to duties as such. That represen tative will have all your rights and duties under this>Coverage Part. 3. With respect to "mobile equipment" registered in your-name under any motor vehicle registration law, any person is an insured while driving such ; equipment, along a public highway with your ..permission. Any other person or organization re sponsible for the conduct of such person is also an insured, but only with respect to liability aris ing out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a, "Bodily injury" to a co-"emp!oyee" of the person driving the equipment; or b. "Property damage" to property owned by. < rented to, in the charge of or occupied by you or the employer of any person who is an in sured under this provision. 4. Any organization you newly acquire or form, other than a partnership or join; venture, and over which you maintain ownership or majority inter est. will qualify as a Named Insured if there is no other similar insurance available to that organ ization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; Page 6 of 12 Copyright, Insurance Services Office, Inc., 1992 CG 00 01 10 93 C GLD055767 0049-GLD-000055767 b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims mads or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property dam age" included in the 'products-compieted operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "productscompieted operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we wilt pay under Cover age B for the sum of all damages because of all "personal injury" and all "advertising injury" sus tained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages Under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. 7. Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus tained by any one person. The Limits of insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than t2 months. In that case, the additional period will be deemed part of the last preceding period for pur poses of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obli gations under this Coverage Part. 2. Duties In The Event Of Occurrence, Of fense, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an of fense which may result in a claim. To the ex tent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as prac ticable. CG 00 01 10 93 Copyright. Insurance Services Office, Inc.. 1992 Page 7 of 12 GLD055768 0049-GLD-000055768 c. You and any other involved insured must: (1) Immediately send us copies of any de mands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information: (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any per son or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obli gation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre sentative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or 8 of this Coverage Part, our obligations are limited as follows; a. Primary Insurance This insurance is primary except when b. be low applies, if this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the otherinsurance, whether primary, excess, contin gent or on any other basis; (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk of similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that ail such other insur ance would pay for the loss in the absence of this insurance; and (2) The total of ail deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not, described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contrib ution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 8 of 12 Copyright, Insurance Services Office, Inc., 1 992 CG 00 01 10 93 O GLD055769 0049-GLD-000055769 If any of the other insurance does not permit contribution by equal shares, we will contrib ute by limits. Under this method, each insur er's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit. a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown, in. this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period. Au dit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the pol icy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium compu tation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accu rate and complete; b. Those statements are based upon representa tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if. each Named Insured were the only Named Insured; and - b. Separately to each insured against whom claim is made or-"suit" is brought. 8. Transfer Of Bights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring ''suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew. if we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the ex piration date. If notice is mailed, proof of mailing will be suffi cient proof of notice. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that vi olates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if; (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or- CG 00 01 10 93 Copyright, Insurance Services Office, Inc.. 1992 Page 9 of 12 GLD055770 0049-GLD-000055770 (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay dam ages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Em ployee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar gov erning document. 7. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, de ficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con tract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re moval of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 8. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in con nection with.work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in con nection with work performed tor a munici pality) under which you assume the tort liability of another party to pay for "bodily in jury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily in jury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to pre pare or approve maps, drawings, opin-. ions, reports, surveys, change orders, designs or specifications; or (b) Giving directions or instructions, or failing to give them, if that is the pri mary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in sured's rendering or failure to render pro fessional services, including those listed in (2) above and supervisory, inspection or engineering services. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 10. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an air craft, watercraft or "auto"; Page 10 of 12 Copyright, Insurance Services Office. Inc.. 1 992 CG 00 01 10 93 0049-GLD-000055771 b. While it is in or on an aircraft watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at tached to the aircraft, watercraft or "auto". 11."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment a. Bulldozers, term machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not main tained primarily to provide mobility to perma nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equip ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing types: (1) Air compressors, pumps and generators, including spraying, .welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar device6 used to raise or lower workers; f. Vehicles not described in a., bi, c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol lowing types of permanently attached equip ment are not "mobile equipment" but will be considered 'autos": {1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or tower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 12/Occurrence" means an accident, including con tinuous or repeated exposure to substantially the same general harmful conditions. 13/Persona! injury" means injury, other than "bodily injury", arising out of one or more of the follow ing offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occu pancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or sen/ices; or e. Oral or written publication of material that vi olates a person's right of privacy. 14.a. "Products-completed operations hazard" in cludes all "bodily injury' and 'property dam age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When ail of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. CG 00 01 10 93 Copyright, Insurance Services Office, Inc.. 1992 Page 11 of 12 GLD055772 0049-GLD-000055772 > . Work that may need service, maintenance, : correction, repair or replacement -but which is otherwise complete, will be treated as completed. c. This hazard does not include "bodily injury" or "property damage" arising out ot (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it; . (2) The existence of tools, uninstalled .equip ment or abandoned or unused materials; or (3) Products or operations for which the .clas sification in this Coverage Part or in our manual of rules includes products or com pleted operations. 15. "Property damage" means: a. Physical injury to tangible property, including afl resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "oc currence" that caused it. 16. "$utt" means a civil proceeding in which dam ages because of "bodily injury", "property dam age", "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes; a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent 17. "Your product" means: a. Any goods or products, other than real prop erty, manufactured, sold, handled; distributed or disposed of by: (1> You; (2) Others trading under your name; or (3} A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura bility, performance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending ma chines or other property rented to or located for the use of others but not sold. 18. "Temporery worker" means a person who is fur nished to you to substitute for a permanent "em ployee" on leave or to meet seasonal or short-term workload conditions. 19. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: a. -Warranties or representations made at any time with respect to the fitness, quality, dura bility, performance or use of 'your work"; and b. The providing of or failure to provide warnings or instructions. Page 12 of 12 Copyright. Insurance Services Qffice, Inc., 1992 CG 00 01 10 93 GLD055773 0049-GLD-000055773 CGO G1 423000-2 COMMERCIAL GENERAL LIABILITY CG 00 33 10 93 LIQUOR LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Decora tions, and any other person or organization qualify ing as a Named Insured under this policy. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organiza tion qualifying as such under WHO IS AN INSURED (Section II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (Section V). SECTION I - LIQUOR LIABILITY COVERAGE 1. Insuring Agreement. a. We will pay those sums that the insured be comes legally obligated to pay as damages because of "injury" to which this insurance applies if liability for such "injury" is imposed on the insured by reason of the selling, serving or furnishing of any alcoholic beverage. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "injury" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF IN SURANCE (Section ill); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to "injury" which oc curs during the policy period in the "coverage territory". 2. Exclusions. This insurance does not apply to: a. Expected or Intended Injury "Injury" expected or intended from the stand point of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unem ployment compensation law or any similar law. c. Employer's Liability (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the con duct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the "injury". d. Liquor License Not in Effect "Injury" arising out of any alcoholic beverage sold, served or furnished while any required license is suspended or after such license ex pires, is cancelled or revoked. e. Your Product "Injury" arising out of "your product". This exclusion does not apply to "injury" for which the insured or the insured's indemnitees may be held liable by reason of; (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol: or (3) Any statute, ordinance or regulation relat ing to the sale, gift, distribution or use of alcoholic beverages. CG 00 33 10 93 Copyright, Insurance Services Qffice, Inc., 1992 Page 1 of 5 GLD055774 0049-GLD-000055774 f. Other Insurance Any "injury" with respect to which other in surance is afforded, or would be afforded but for the exhaustion of the limits of insurance. This exclusion does not apply if the other in surance responds to liability for "injury" im posed on the insured by reason of the selling, serving or furnishing of any alcoholic beverage. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3. Ail reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. 4. All costs taxed against the insured in the "suit". 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on die full amount of any judgment that accrues after entry of the judgment and be fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 7. Expenses incurred by the insured for first aid to others at the time of an event to which this in surance applies. These payments will not reduce the limits of insur ance. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in sureds. b. A partnership or joint venture, you are an in sured. Your members, your partners, and their spouses are also insureds, but only with re spect to the conduct of your business. c. An organization other than a partnership or joint venture, you are an insured. Your "exec utive officers" and directors are insureds, but only with respect to their duties as your offi cers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees", other than your "executive officers", but only for acts within the scope of their employment by you or while perform ing duties related to the conduct of your business. However, no "employee" is an in sured for: (1) "Injury": (a) To you, to your partners or members (if you are a partnership or joint venture), or to a co-"employee" whife in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" as a con sequence of paragraph (1)(a) above: or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above. (2) "Property damage" to property: (a) Owned or occupied by. or (b) Rented or loaned to that "employee", any of your other "employees" or, if you are a partnership or joint venture, by any of your partners or members. b. Any person or organization having proper temporary custody of your property if you die. but only: (1) With respect to liability arising out of the maintenance or use of that property: and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That represen tative will have all your rights and duties under this Coverage Part. Page 2 of 5 Copyright, Insurance Services Office, Inc., 1992 CG 00 33 10 93 O 0049-GLD-000055775 4. Other insurance. If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as fol lows: a. Primary Insurance This insurance is primary. Our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insurance permits contrib ution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we wilf contrib ute by limits. Under this method, each insur er's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers, 5. Premium Audit. a. We will compute all premiums for this Cover age Part in accordance with out rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period. Audit premiums are due and payable on notice to the first Named insured. If the sum of the ad vance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named In sured. c. The first Named Insured must keep records of the information we need for premium compu tation. and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accu rate and complete; b. Those statements are based upon representa tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not (ess than 30 days before the ex piration date. if notice is mailed, proof of mailing will be suffi cient proof of notice. SECTION V - DEFINITIONS 1. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 2. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the "injury" does not occur in the course of travel or transportation to or from any place not in cluded in a. above; or c. All parts of the world if: (1) The "injury" arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in rite territory described in a. above but is away for a short time on you> business; and Page 4 of 5 Copyright, Insurance Services Office. Inc., 1992 CG 00 33 10 9C 049-GLD-000055776 (2) The insured's responsibility to pay dam ages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 3. "Employee" includes a "leased worker". "Em ployee" does not include a "temporary worker". 4. "Executive Officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar gov erning document. 5. "injury" means ail damages, including damages because of "bodily injury" and "property dam age", and including damages for care, loss of services or loss of support. 6. "Leased worker" means a person leased to you by a labor teasing firm under an agreement be tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 7. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. 8. "Suit" means a civil proceeding in which dam ages because of "injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. 9. "Temporary worker" means a person who is fur nished to you to substitute for a permanent "em ployee* on leave or to meet seasonal or short-term workload conditions. 10. `'Your product" means: a. Any goods or products, other than real prop erty, manufactured, sold, handled, distributed or disposed of by; (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura bility, performance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending ma chines or other property rented to or located for the use of others but not sold. a i- toi CG 00 33 10 93 Copyright, Insurance Services >ffice, Inc., 1992 f5 Page 5 of 5 GLD055777 0049 GLD-000055777 CGO <31 423000-2 COMMON POLICY CONDITIONS All Coverage Farts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspec tions, surveys, reports or recommendations. E. PREMIUMS The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums, and 2. Will be the payee for any return premiums we pay F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but oniy while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights ^nd duties but only with respect to that property. IL 00 17 11 85 Copyright, Insurance Services (Jffice, Inc., 1983, 1992 GLD055778 0049-GLD-000055778 NAMED INSURED ENDORSEMENT Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 1 (Page 1 of 2) Effective Date of Endorsement CGO G1 423000-2 Issued By {Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity insurance Company of North America insert the policy number. The remainder of the Information la to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM The Named Insured shown in the Policy Declarations is amended to read as follows bo the extent set forth below: (A) The Named Insured; (B} Any other owned, controlled, affiliated, associated or subsidiary (including a subsidiary thereof) company or any other organization in which the Insured acquires active management or financial control, including interest in joint ventures; (C) If the Named Insured is designated in the declaration 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; (D) Any person or organization with respect to real estate management for the Named Insured; (E) Any officer, executive, director, stockholder or employee of the Named insured, but only while acting on behalf of such Named Insured and within the scope of his duties as such; (P) Any person or organization designated in writing as a vendor, but only with respect to the distribution or sale in the regular course of the vendor's business, of the Named Insured's products, except with respect to: (1) Any express warranty unauthorized by the Named Insured; (2) Personal injury or Property damage arising out of any act or failure to act by the vendor, including: i. Any modification, faulty assembly or alteration of any product that effects performance or safety of the product; ii. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CC-1E15 Ptd. in U.S.A. {6/86) Authorized Agent GLD055779 0049-GLD-000055779 NAMED INSURED ENDORSEMENT Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 1 (Page 2 of 2) Effective Date of Endorsement CGO GL 423000-2 Issued By (Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the coliey number. The remainder o( the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the followings COMMERICAL GENERAL LIABILITY COVERAGE FOPH PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM iii. Products, which after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part ox ingredient of any other thing or substance by or for the vendor. (G) Any person, organization, trustee or estate to whom the Named Insured is obligated by virtue of a written contract or permit to provide insurance such as is afforded by the terms of this policy, but only with respect to operations by or on behalf of the Named Insured or to facilities of or facilities used by the Named Insured and then, only to the extent of the coverage required by such contract and for the limits of liability specified in such contract but in no event for insurance not afforded by this policy nor for limits of liability in excess of the applicable limits of liability of this policy; (H) Any club/organization sponsored by and affiliated with the Named Insured. CC-1E1S Ptd. in U.S.A. {6/86) ?? ^ &tyicrL. 4. Authorized Agent GLD055780 0049-GLD-000055780 ADDITIONAL INSURED---EMPLOYEES PROFESSIONAL HEALTH CARE SERVICES Named Insured Hansotv Industries Endorsement Number 2 Policy Symbol CGO Policy Number GI 423000-2 Policy Period 10/01/95 to 10/01/96 Issued By Wame of Insurance Company) Indemnity Insurance Company of North America Effective Dote of Endorsement 10/01/95 liMft tit policy wwtber. Th> wMtidof al tolwitu* I* w b coplt>4 atily wlm t>lt n<arinmt Is ltw< nbw>it ta ft pr*pwKai of It* pofky. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM Paragraph 2.a(2) of SECTION II--WHO IS AN INSURED is deleted '7?w c Afthattert A)*M LO-2H90 (Ed. 3/S7) Printed in U.S.A. RaprfnteC m part wttft permission of Insurance Servlco* Offiee, Inc., 1985 (y GLD05578X 0049-GLD-000055781 COMPOSITE RATE ENDORSEMENT Named Insured Hanson Industries Policy Symbol Policy Number Policy Period CGO G1 423000-2 Issued By (Name of insurance Company) 10/01/95 Endorsement Number 3 (Page 1 of 2) Effective Date of Endorsement to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert fee policy number. The remainder of the information is to be completed only when this endorsement ie issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the followings COMMERICAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Paragraph a. of Condition 5. PREMIUM AUDIT, is replaced by the following: a. we will compute all premiums for this Coverage Part in accordance with the schedule shown below. As used in this endorsement, "WC Payroll" shall include all payroll, including that for the standard exception classes as defined in the General Rules of t-h* commercial Lines Manual. Exposure Basis WC Payroll SCHEDULE SUBJECT LIMIT Estimated Amount Rate Per $100 $654,100,764 $4.5255 Deposit Premium $29,601,500 CC-1E15 Ptd. in U.S.A. 16/86) ^7C. Authorized Agent GLD055782 0049-GLD-000055782 COMPOSITE RATE ENDORSEMENT Named insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 3 (Page 2 of 2) Effective Date of Endorsement CGO G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 bo 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. STATE SCHEDULE STATE aL AK AZ AR CA CO CT DE DC FL GA HI IA ID IL IN KS KY LA ME MD MA Ml MN MS MO WC PAYROL 1,358,721 100,000 5.190.471 629,793 69,811,425 1,285,939 1,988.637 2,539.191 100,000 20,326.370 28,555.223 100.000 1,442,064 52,069.307 6,310.599 21,815,804 517.653 10.757,025 520.643 100.000 51.382.096 1,467,463 1.505.562 1.583,166 100,000 1.729,308 GL PREMIUM 61,489 4.526 234.893 28.501 3.159.334 58,196 89.996 114.912 4,526 919.875 1.292.274 4.526 65,261 2.356.410 285.588 987,280 23.427 486.812 23.562 4.526 2.325.310 66.410 68.135 71,647 4,526 78,260 STATE MV NE NV NH NJ NM NY NC ND OH OK 6ft PA Rl SC SD TN TX UT VA VT WA WV Wl WY TOTAL WC PAYROLL 143,443 11.460.730 2,103,020 2.028.684 37.294.020 4,054,814 29.794.152 26.115,486 3014&5 8.336,013 2.546.324 2.116.265 130,268,991 783,421 10.522,800 100,000 4.647,758 81.762,511 1.040.107 8.983,126 1.71^,197 3.460,871 184.878 952.230 100.000 654.100,764 GL PREMIUM 6.492 518,658 95.173 91,809 1,687,751 163,502 1.348.342 1,181,863 13,643 377.248 115.235 95,772 5,895.357 35.454 476.212 4.526 210.335 3,700,184 47.070 406,534 77,531 156.623 8,367 43.093 4.526 29.601.500 CC-1E15 Ptd. in U.S.A. (6/86) r ^, Authorized Agent A GLD055783 0049-GLD-000055783 AMENDATORY ENDORSEMENT - CANCELLATION BY US Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period COO <31 423000-2 Issued By (Name of Insurance Company) 10/01/95 4 Effective Date of Endorsement to 10/01/90 10/01/95 indemnity Insurance Company of worth America____________________________________________________________ Insert the policy number. The remainder of the information ia to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORK Paragraph A.2- of CANCELLATION (Common Policy Conditions) is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 90 days before the effective date of cancellation if we cancel for any other reason. CC-1E15 Ptd. in VJ.S.A. 16/86) GLD055784 0049-GLD-000055784 PROFESSIONAL SERVICES - ERRORS AND OMISSIONS Named Insured Hanson Industries Policy Symbol Policy Number Policy Period CGO G1 423000-2 issued By (Name ot insurance company) 10/01/95 Endorsement Number 5 (Page 1 of 2) Effective Date of Endorsement to 10/01/95 10/01/95 Indemnity Insurance Conany of North America Insert the policy number. The remainder of the Information is to be compfetad only whan this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits of Insurance Errors and Omissions Occurrence Limit $3,000,000 Errors and Omissions Aggregate Limit $3,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Coverage We will pay those sums that you become legally obligated to pay as damages because of any error or omission of the insured or any other person for whose acts the insured is legally liable, in the performance of professional services on behalf of the Named Insured. We will have the right and duty to defend any "suit" seeking those damages. Coverage applies only if you, at the effective date of this coverage, had no knowledge of or could not have reasonably foreseen any circumstances which might result in a claim or "suit." Exclusions This endorsement does not apply to: 1. "Bodily Injury", "Property Damage", "Personal Injury", or "Advertising Injury." 2. Any dishonest, fraudulent, criminal or malicious act; or 3. Damages which the insured is legally obligated to pay by reason of the assumption of liability in a contract or agreement. CC-1E15 Ptd. in U.S.A. <6f86) ----------7?*W- C '1 Authorized Agent * GLD055785 0049-GLD-000055785 PROFESSIONAL SERVICES - ERRORS AND OMISSIONS Named Insured Hansen Industries Policy Symbol Policy Number Policy Period Endorsement Number 5 (Page 2 of 2) Effective Date of Endorsement CGO G1 423000-2 Issued By (Name of insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (CONTINUED) Who Is An Insured With respect to this endorsement only, the following is added to Paragraph 2.a. of SECTION II --WHO IS AN INSURED: Your employees, other than your executive officers, but only if authorized to act in the performance of professional services on behalf of the Named Insured. Definitions "Professional Services" means any law, accounting, tax consulting or risk management activities undertaken on behalf of the Named Insured. Limits of Insurance The two Limits of insurance shown in the Schedule apply to this endorsement. The Errors and Omissions Aggregate Limit is the most we will pay for all damages because of errors or omissions during each policy year. The Errors and Omissions Occurrence Limit is the most we will pay for each claim. CC-1E15 Ptd. in U.S.A. (6/86) 'C t&VK- LA:r Authorized Agent GLD055786 0049-GLD-000055786 AMENDATORY ENDORSEMENT - WAIVER OF SUBROGATION Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 6 Effective Date of Endorsement 030 G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder ot the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM It is understood and agreed that the Company, in the event o any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before lose as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named insured and such Principal and shall not be construed to be a waiver with respect to other operations of such principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply bo any employee or employees of either the Named insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be Illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. CC-1E15 Ptd. in U.S.A. 16/861 Authorized Agent GLD055787 0049-GLD-000055787 AMENDATORY ENDORSEMENT - DEFINITION OF COVERED WATERCRAFT Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 7 Effective Date of Endorsement CGO G1 423000-2 Issued By {Name of Insurance Company) 10/01/95 to 1.0/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the Information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PORK Paragraph 2.g. (1) and (2) of Section I - Coverages is hereby replaced with the following: g. "Bodily injury" or "property damage" arising out of the ownershipi maintenances operation# use# "loading or unloading" oft <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 on premises owned by# rented to or controlled by the Named Insured# or to any watercraft undur 75 feet in length; CC-1615 Ptd. in U.S.A. <6/861 Authorized Agent GLD055788 0049-GLD-000055788 AMENDATORY ENDORSEMENT - ADDITIONAL INSURED Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 8 Effective Date of Endorsement CGO G1 423000-2 issued By {Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the Information is to be completed only whan this endorsement Is Issued subsequent to the preparation ot the policy. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM With respect of CDK Contracting Company's operations at the Redding Power Plant, The City o Redding, its officers, officials, employees and volunteers are included as Additional Insureds as respects: liability arising out of activities performed by or on behalf of CDK Contracting Company; products and completed operations of CDK Contracting Company; and premises owned, occupied or used by CDK Contracting Coupany. This insurance shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess and shall not contribute with it. CC-1E15 Ptd. inU.S.A. {6/86} Authorized Agent GLD055789 0049-GLD-000055789 AMENDATORY ENDORSEMENT - "IN REM" COVERAGE Named Insured Hanson Industries Policy Symbol Policy Number Policy Period Endorsement Number 9 Effective Date of Endorsement CGO G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 to 10/01/95 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Such coverage as is afforded by this policy shall not he denied solely on the basis that the claim or suit against the insured is based upon an "In Rem" proceeding. An action "In Rem" shall be considered an action "In Personam". CC-1E15 Ptd. in U.S.A. <6/86) c. Authorized Agent iy GLD055790 0049-GLD-000055790 AMENDATORY ENDORSEMENT - EMPLOYEE BODILY INJURY EXCLUSION Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 10 Effective Date of Endorsement CGO G1 423000-2 Issued 8y (Name of insurance Company! 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of thepcliey. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODOCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM It is agreed that exclusion (e) relating to bodily injury to any employee is replaced by the following: (e) "bodily injury" to: (1) an employee of the insured arising out of and in the course of employment by the insured; (2) a past, present or prospective employee of the insured, arising from any employment action, practice or policy of the insured including but not limited to that on hiring or firing, promotion or demotion, performance evaluation, compensation, disciplinary action, retirement, layoff or transfer, or (3) any relative or member of the family of that past, present, or prospective employee as a consequence of (l)or (2) above. This exclusion applies: (1) whether the insured is or may be held liable as an employer or in any other capacity; and (2) to any obligation to share damages with or repay someone else who must pay damages because of the injury. CC-1E15 Ptd. in U.S.A. (6/86) * *^ Authorized Agent GLD055791 0049-GLD-000055791 Policy No. CGO G1 423000-2 Endorsement No. 11 AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under die following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Indemnity Insurance Company of North America (Hereinafter called "The Company") In consideration of the premium to be paid, in reliance upon the statements made a part hereof and subject to all the terms of the policy, the Company agrees with the Named Insured as follows: PART I - COVERAGE To pay on behalf of the Insured all sums which the Insured shall be obligated to pay by reason of the liability: Imposed upon the Insured by law, or assumed under contract, or agreement by the Named Insured; for damages on account of: 1. Personal injuries 2. Property damage 3. Advertising liability 4. Bodily Injury 5. Medical Expenses Caused by or arising out of each occurrence; A. Within the United States of America, its territories or possessions, Puerto Rico, or B. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place noted included in A. above; or C. With respect to die products hazard, anywhere in the world, except with respect to loss arising out of foreign-based operations of the Named Insured, as used herein, "Foreign-Based Operations" means: 1 GLD055792 0049-GLD-000055792 1. Construction, fabrication, erection or installation operations outside the United States of America, its territories or possessions, or 2. Manufacturing, selling or distributing goods or products at or from locations outside the United States of America, Canada and Puerto Rico its territories or possessions, but "Foreign-Based Operations" do not include the distribution or sale of goods or products manufactured in die United States of America, its territories or possessions. PART n - DEFENSE/SUPPLEMENTARY PAYMENTS With respect to the insurance afforded by this policy, the Company shall have the right to defend any suit against the Insured seeking damages, even ifthe allegations of the suit are groundless, false or fraudulent, and make such investigation and settlement of any claim or suit as is agreed to by the Company. The Companyshall not be obligated to pay any claim or defend any suit after the applicable limits of the Company's liability have been exhausted by payment of judgments or settlements. The Company shall have the right but not the duty to investigate, settle or defend any claim made or suit brought against the Insured outside the United States of America, its territories or possessions, Puerto Rico or Canada. If the Company elects not to investigate, settle or defend any such claim or such settlement thereof as the Company and the Insured deem expedient, the Company shall then reimburse the Insured for the reasonable costs of such investigation and defense, within the applicable limits of the Company's liability, for the amount of any settlement so authorized. The Company will pay, in addition to the applicable limit of liability: 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 which does not exceed the limit of the Company's liability thereof; B. Premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any 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 2 GLD055793 0049-GLD-000055793 accident, for bodily injury to which this policy applies; D. Reasonable expenses incurred by the Insured at the Company's request in assisting the Company in the investigation or defense of any claim or suit, including actual loss of earnings, not to exceed $100 per day. PART III PERSONS INSURED Each of the following is an Insured under this policy, to the extent set forth below. A. The Named Insured: B. Any other owned, controlled, affiliated or subsidiary (including a subsidiary thereof) company or any other organization in which the Insureds acquires active management or financial control, but excluding Hygrade Food Products, Old Salt Seafood and EndicottJohnson Corporation; C. If the Named Insured is designated in the declaration 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 liabilities as such; D. Any person or organization with respect to real estate management for the Named Insured; E. Any officer, executive, director, stockholder or employee of the Named Insured, but only while acting on behalf of such Named Insured and within the scope of his duties as such; F. Any doctor, nurse, dentist or dietitian employed by the Named Insured on a full-time or part-time basis, as respects injury arising out of any rendering or failure to render professional services on behalf of the Named Insured; G. Any lawyer, accountant, risk/insurance manageror tax consultant employed by the Named Insured, as respects damages because of injury caused by any negligent act, error or omission in the performance of professional services on behalf of the Named Insured; H. Any person or organization designated in writing as a vendor, but only with respect to the distribution or sale in the regular course of the vendor's business, of the Named Insured's products, except with respect to: 1. Any express warranty unauthorized by the Named Insured; 2. Personal injury or Property damage arising out of any act or failure 3 GLD055794 0049-GLD-000055794 to act by the vendor, including: i. Any modification, fault assembly or alteration of any product that affects performance or safety of the product; ii. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; iii. Products, which after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. I. Any person, organization, trustee or estate to whom the Named Insured is obligated by virtue of a written contract or permit to provide insurance such as is afforded by the terms of this policy, but only with respect to peritonize by or on behalf of the Named Insured or to facilities of or facilities used by the Named Insured and then, only to the extent of the coverage required by such contract and for the limits of liability specified in such contract but in no event for insurance not afforded by this policy nor for limits of liability in excess of the applicable limits of liability of this policy; J. Any club/organization sponsored by and affiliated with the Named Insured. PART V - EXCLUSIONS This policy shall not apply: A. To property damage to: X. Property owned by the Insured: 2. The Named Insured's products arising out of such products or any part of such products; 3. 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; 4. Property used by the Insured. 4 GLD055795 0049-GLD-000055795 B. To, bodily injury or property damage resulting from the failure of the Insured's products or workcompleted by or for the Insured to perform the function or serve the purpose intended by the Insured, ifsuch failure is due to a mistake or deficiency in any design, formula, plan, specifications, advertising material or printed instructions prepared or developed by any Insured; but this exclusion does not apply to personal injury or property damage resulting from the active malfunctioning of such products or work; C. To damages claimed for the withdrawal, inspections, repair, replacement or loss of use of the Insured's products or work completed by or for the Insured or of any property of which such products or work form, 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; D. With respect to advertising liability, to claims made against the Insured for: 1. Infringement of registered trade marks, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; 2. Incorrect description of any article or commodity; 3. Mistake in advertised price; 4. To any Insured in the business of advertising, broadcasting, publishing or telecasting; E. To bodily injury or property damage arising out ofaircraft products and/or all sums which any Insured shall become legally obligated to pay as damages resulting in or from grounding of any aircraft; F. Pollution, as per Amendatory Endorsement No. 14 - "Pollution Exclusion"; G. Nuclear Energy, as per Endorsement No. 26 - ''Nuclear Energy Liability Exclusion Endorsement; H Lead, as per Amendatory Endorsement No. 15 - "Exclusion - Lead"; I. To bodily injury or property damage due to war, whether or not declared, civil war, insurrection rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to 1. liability assumed by the Insured under any contract, or 5 GLD055796 0049-GLD-000055796 2. Expenses for first aid under the supplementary payments provision; J. To bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading or 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 any automobile on premises owned by, rented to or controlled by the Named Insured or the ways immediately adjoining, ifsuch automobile is not owned by or rented or loaned to any Insured; or liability assumed under any "contract" for the ownership, maintenance or use of aircraft. K. To any obligation for which the Insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefit law, or under any similar law. L. "Bodily Injury" to: 1. An "employee" of the insured arising out of and in the course of: \ (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or 2. The spouse, child, parent, brother or sister ofthat "employee" as a consequence of paragraph (1) above. This exclusion applies: 1. Whether the insured does not apply to liability assumed by the insured under and replaced by any contract. 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. 6 GLD055797 0049-GLD-000055797 , This exclusion does not apply to liability as assumed by the insured under any contract M. 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 on premises owned by, rented to or controlled by the Named Insured or to any watercraft under 75 feet in length and/or approximately 156 feet in length. N. If the Insured or the indemnitee of the Insured is an architect engineer or surveyor, to personal injury or property damage arising out of professional services performed by the Insured or which causes liability of the indemnitee, his agents or employees, arising out of: 1. The preparation or approval of maps, drawings, opinion reports, surveys, change orders, designs or specifications; 2. Supervisory, inspection or engineering services; 3. The giving of or failure to give directions or instructions by the indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of his persona! injury or property damage; O. To low of use of tangible property which has not been physically injured or destroyed from a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreements; P. With respect to personal injury coverage, to personal injury: 1. Arising out of the willful violation of a penal statute or ordinance committed by or consent of the Insured; 2. Arising out of any publication or utterance concerning any organization or business enterprise or its products or services, 7 GLD055798 0049-GLD-000055798 made by or at the direction of any Insured with knowledge of the falsity thereof; 3. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Q. To property damage to premises alienated by the Named Insured arising out of such premises or any part thereof; R. As respects coverage afforded for professional services provided or by any failure to provide these services, on behalf of the Named Insured: 1. To any dishonest, fraudulent, criminal or malicious act or omission of any Insured or employee; or 2. To any claim made by an employer against an Insured who is a salaried employee of such an employer. Part VI - DEFINITIONS A. ADVERTISING LIABILITY": means: 1. Libel, slander or defamation; 2. Any infringement of copyright, title or slogan; 3. Piracy, plagiarism or unfair competition or idea misappropriation under an implied contract; 4. Any invasion of right ofprivacy, committed or alleged to have been committed in any advertisement, publicity article, broadcast or telecast and arising out of the Named Insured's advertising ' activities. B. AIRCRAFT: means any heavier than air or lighter than air conveyance designed to transport persons or property. C. AUTOMOBILE: means a land motor vehicle, trailer or semi-trailer (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the Named Insured, including the ways immediatelyadjoining, or (3) designed 8 GLD055799 0049-GLD-000055799 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 of or permanendy attached to such vehicle: power cranes, shovels, loaders, diggers and drills, concrete mixers (other than the mix in transit type); graders, scrapers, rollers and other road construction or repair equipment; cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; air-compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment. COMPLETED OPERATIONS HAZARD: includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: 1. When all operations to be performed by or on behalf of the Insured at the site of the operations have been completed; or 2. When all operations to be performed by or on behalf of the Insured under the contract have been completed; or 3. When the portion of the work out ofwhich the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations fbi a principal as a part of the same project. Operations which may require further service or maintenance work or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete shall be deemed completed. The completed operations do not include bodily injury or property damage arising Out oh 9 GLD055800 0049-GLD-000055800 a. Operations in connection with the transportation of property, unless the bodily injury or property damage rises out of conditions in or on a vehicle created by the loading or unloading thereof. b. The existence oftools, uninstalled equipment or abandoned or unused materials. E. "PRODUCTS HAZARDS": 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 respects thereto, only if the bodily injury or property damage occurs away from premises owned by or rented to the Insured and after physical possession has been relinquished to others. The products hazard also includes liability assumed with respect to the products hazard. The products hazard also includes testing or demonstration, if away from premises owned or controlled by the Named Insured. F. NAMED INSURED'S PRODUCTS: Means: 1. Any goods or products, other than real property, manufactured, sold, handled, distributed, leased or disposed of by: a. You; b. Others trading under your name; or c. A person or organization whose business or assets you have acquired and 2. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. G. BODILY INJURY: Means bodily injury, sickness, disease, shock, mental injury or mental anguish including death resulting from any of these at anytime. H. PERSONAL INJURY: 1. False arrest, detentionor imprisonment, wrongful entry or eviction or other invasion of private occupancy, malicious prosecution or humiliation; 2. The publication or utterance of a libel or slander or other 10 GIj D055801 0049-GLD-000055801 defamatory or disparaging material, or publication or utterance in violation or an individual's right or privacy, except that contained in any advertisement, publicity article, broadcast or telecast and arising out of any Insured's advertising activities; 3. Discrimination, except where prohibited by law or related to any employment practices of the Insured. 4. The wrongful eviction from, wrongful entry Into, or invasion of the right of private occupancy ofa room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor. I. POLICY PERIOD: this policy applies to bodily injuries, property damage, personal injuries, advertising liability, medical expenses, fire damage, legal action as a result of occurrence taking place at or after the effective date specified in the declarations page, but prior to the expiration date. J. PROPERTY DAMAGE: means: 1. Injury to or destruction of tangible property including loss of use thereof or resulting therefrom; or 2. Loss of the use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. K. OCCURRENCE: The term "Occurrence" shall mean an accident or happening or event or a continuous or repeated exposure to conditions which unexpectedly or unintentionally results in bodily injury, property damage or personal injury, or advertising liability, medical expense and fire legal liability during the policy period. I. MEDICAL EXPENSES: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or 11 GLD055802 0049-GLD-000055802 3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-Ray and dental services, including prosthetic devices, and (3) Necessary ambulance, hospital, professional nursing and funeral services. We will not pay for expenses far "bodily Injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. & To a person, whether or not an "employee" of any insured, if benefits for the 'bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f. Included within the "products-completed operations hazard". g. Excluded under Coverage A. 12 GLD055803 0049-GLD-000055803 h. 4 Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. PART VII - CONDITIONS A. PREMIUM: AU premiums for this policy shall be computed in accordance with the Company's rules, rates rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the premium period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations, the audit period notice thereof to the Named Insured shall become due and payable. If the total earned premium for 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 ofsuch records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. B. INSPECTION AND AUDIT: The Company shall be permitted but not obligated to inspect the Named Insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute and undertaking, on behalf of or for the benefit of the Named Insured or others, to determined or warrant that such property operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Named Insured'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 subject matter of this insurance. C. NOTICE OF OCCURRENCE: Whenever die Insured has information from which the Insured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which in the event that the Insured should be liable, are likely to involve this policy, notice shall be sent to the Company as soon as practicable, provided, however, that failure to give notice of any occurrence which at the time of its happening did not appear to give rise to claims hereunder, shall not prejudice such claims. 13 GLD055804 0049-GLD-000055804 If claims are made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. The Insured shall cooperate with the Company and, upon the Company's request, assist in making settlements in the conduct ofsuits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trails and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall 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 time of the accident. ACTION AGAINST THE COMPANY: No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of die 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 under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to Join the Company as a party to any action against the Insured to determine the Insured's liability, nor shall the Company be impeded by the Insured or his 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. OTHER INSURANCE: The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: I. Contribution by equal shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall 14 GLD055805 0049-GLD-000055805 not be liable for a greater proportion of such loss than would be payable if such insurer contributes an equal share until the shares of each Insured equals the lowest applicable limit of liability under any one policy or the hill amount of the loss is paid, and with respect to any amount of loss not so paid, the reining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in fall or the full amount of the loss is paid. 2, Contribution by limits. If any such other insurance does not provide for contribution by equal shares, the Company shall not be liable for a greater proportion of such toss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability all valid and collectible insurance against such loss. 3- With respect to losses to which this policy applies by reason of Part I Coverage Item (B), the insurance afforded by this policy does not apply to that portion of the loss for which the Insured has other valid and collectible insurance, whether on a primary, excess or contingent basis. The insurance afforded by this policy shall be excess insurance over any valid and collectible property insurance (including any deductible portion thereof) available to the Insured, such as but not limited to fire and extended coverage, builders* risk coverage or installation risk coverage. F. SUBROGATION: In the event of any payment under this policy, the company shall be subrogated to all the Insured's rights to 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. G. CHANGES: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or set up the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. H. ASSIGNMENT: Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon. If, however, the Named Insured shall die, such insurance as is afforded by this policy shall apply (1) to the Named Insured's legal representative, as the Named Insured, but only while acting within the 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. 15 GLD055806 0049-GLD-000055806 I. CANCELIATION/NON-RENEWAL: This policy may be cancelled by the Named Insured by surrender thereofto the Company or its representatives or by mailing to the Company or its representatives written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Company or its representatives by sending them by registered mail, notice of the Named Insured stating when, not less than ninety (90) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company or its representatives to the Named Insured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Insured or by the Company or its respective representations shall be equivalent to mailing. It is agreed that irrespective of any other items or conditions contained in die policy or endorsements attached thereto, this policy may be cancelled by the Company or its representatives for non-payment of any unpaid portion of the premium by delivering to the Named Insured or by sending to the Named Insured by registered mail, at the Named Insured's address as shown herein, not less than ten (10) days' written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Insured, the Company shall retain the customary short rate portion of the premium for the period this policy had been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata portion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice. In the event of cancellation, thirty days notice of cancellation will be given to Certificate Holders where required by contract. J. DECLARATIONS: By acceptance of this policy, the Named Insured agrees that the statements in the application and the declarations, and in any subsequent notice relating to underlying insurance are its agreements and representations that this policy is issued and continued in reliance upon the truth of such representations and that this policy embodies all agreements existing between the Named Insured and the Company or any of its agents relating to this insurance. a: endt340.p5a ms: Authorized Representative 16 GLD055807 0049-GLD-000055807 AMENDATORY ENDORSEMENT - POLICY CONDITIONS Named insured Endorsement Number Hanson industries Policy Symbol Policy Number Policy Period 12 Effective Date of Endorsement CGO G1 423000-2 issued By (Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement: modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORK PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORK 1. Xt is understood and agreed that CG 00011091 SECTION XV - Conditions/ Paragraph 4. other Insurance, is amended as follows; This insurance shall apply as primary insurance and shall not contribute with other insurance where required by contract. 2. It is hereby understood and agreed that the following is added to XL 00171185 A. Cancellation. c. Xn the event of cancellation, thirty days notice of cancellation will be given to Certificate Holders where required by contract. CC-1E15 Ptd. in U.S.A. <6/86i Authorized Agent GLD055808 0049-GLD-000055808 POLICY NUMBER: CGO G1 423000-2 Endt. #13 COMMERCIAL GENERAL LIABILITY CG 24 04 1 0 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Grove OK and its insurance Carriers as respects to Products sold by Grove North America. (If no entry appears above, information required to complete this endorsement will be shown in the Declara tions as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Qffice, Inc.. 1992 GLD055809 0049-GLD-000055809 AMENDATORY ENDORSEMENT - POLLUTION EXCLUSION Named Insured Endorsement Number Hanson industries Policy Symbol Policy Number Policy Period C80 G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 to 10/01/96 14 (Page 1 of 2) Effective Date of Endorsement 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information Is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement replaces any pollution exclusion and amends all insurance provided under the following: COMMERCIAL GENERAL LIABILITY FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Exclusion f, of Section I, COVERAGE A in the policy is deleted and replaced by the following exclusion, in addition, this exclusion applies to all coverages under the policy and amends the policy bo add the following exclusion: This policy does not apply to any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to pollution, however caused. Pollution includes the actual alleged or potential presence in or introduction into the environment of any substance if such substance has, or is alleged to have, the effect of making the environment impure, harmful, or dangerous. Environment includes any air, land, structure or the air therein, watercourse or water, including underground water. He shall have no duty to defend any suit arising out of or in any way related to pollution excluded by this endorsement. This exclusion does not apply to "bodily injury" or "property damage" which is: a. neither expected nor intended'from the standpoint of the insured; and b. caused by a release of smoke from a fire which is ignited by the insured, its agents, contractors, sub-contractors, licensees, or employees as part of the insured's Hanson Natural Resources Company operations; and c. known by the insured within 7 days of such release and is reported to us within 40 days of such release. Notwithstanding anything to the contrary in the foregoing paragraph and regardless of the cause of the pollution, this policy does not apply to: 1. loss of, damage to, or loss of use of property directly or indirectly resulting from subsurface operations of the insured, and/or removal of, loss or damage to subsurface oil, gas, or any other substance; CC-1E15 Ptd. in U.S.A. <6/86) t Authorized Agent C J\ , GLD055810 0049-GLD-000055810 AMENDATORY ENDORSEMENT - POLLUTION EXCLUSION Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 14 (Page 2 of 2) Effective Date of Endorsement CGO G1 423000-2 Issued By (Name of Insurance Company! 10/01/95 to 10/01/95 10/01/95 Indemnity Insurance Company of North-America Insen the policy number. The remainder of the information is to be completed only whan this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ XT CAREFULLY. This endorsement replaces any pollution exclusion and amends all insurance provided under the following: COMMERCIAL GENERAL LIABILITY FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM 2. any injury, damage, expense, cosh, loss liability or legal obligation arising out of or in any way related to actual or alleged pollution or contamination at or from a waste site, meaning the part of any premises, site or location which is or was at any time used by the insured or others for the storage, disposal, processing, or treatment of waste of any kind. It includes but is not limited to any landfill, pit or dumping ground; treatment, storage or disposal facility, whether permitted or not; lagoon or pond; drum storage or disposal area; disposal pipe outfall; injection well, or any other repository of waste of any kind. Waste means any substance that: a. is left over, or no longer in use, or discarded; b. is to be reclaimed or recycled; or c. has been removed, treated, stored, or disposed of as part of any environmental remediation effort. CC-1E15 Ptd. in U.S.A. (6/86) Authorized Agent GLD055811 0049-GLD-000055811 EXCLUSION - LEAD Named insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 15 Effective Date of Endorsement CGO 61 423000-2 10/01/95 - 10/01/96 10/01/95 Issued By (Name of Insurance Company) Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY FORM FARM COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK THE COMBINE POLICY - SECTION II COMMERCIAL FARM POLICY - SECTION II FARMERS PACKAGE POLICY - SECTION II This insurance does not apply to, and we shall have no duty of any kind with respect to, any injury, damage, expense, cost, loss, liability or legal obligation arising out of or allegedly arising out of or in any way related to the toxic properties of lead or lead-containing products, materials or substances. This exclusion applies to all forms of lead, including but not limited to solid, liquid, vapor and fumes. This exclusion applies, but is not limited, to any injury, damage, expense, cost, loss, liability or legal obligation to test for, monitor, abate, remove, or take any other remedial action with respect to lead or lead-containing products, materials or substances. The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion, do not also exclude coverage for lead-related injury, damage, expense, cost, loss, liability or legal obligation. LD-4S35 (Ed. 6/92) Ptd. in U.S.A. c 4 Authorized Agent GLD055812 0049-GLD-000055812 EXCLUSION -- ASBESTOS Named Insured Hanson Industries Potcy Symbol Policy Number CGO G1 423000-2 Policy Period 10/01/95 to 10/01/96 Issued By {Name of Insurance Company) Indemnity Insurance Company of North America Endorsement Number 16 Effective Date of Endorsement 10/01/95 Insert the policy number The tsmainderof the nformatona io be completed only when this endorsement is issued subsequent to the prepystor of The policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIALGENERAL LIABILITY COVERAGE FORM FARM COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY -- NEW YORK This insurance does not apply to any loss, demand, claim or "suit" arising out of or related in any way to asbestos or asbestos-containing materials. L0-3R10 {Ed 3/37) Ponied m U S A. /'(^M c. Authorized Agent Reprinted in pert with permission of Insurance Services Office. Inc.. 1965 GLD055813 0049-GLD-000055813 MEDICAL PROFESSIONAL LIABILITY - COVERED PHYSICIANS Named Insured Endorsement Number wanaum Industries Policy Symbol Policy Number Policy Period 17 Effective Oata of Endorsement CGO G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. Tills endorsement modifies insurance provided under the following: Claims Hade Physicians Professional Liability Coverage Form in consideration of the premium already charged, it is understood and agreed that the following physicians are covered by the "Physicians Professional Liability Coverage Form" (see endorsement Ho. 18) for the limits of liability shown below. 2t is further agreed that this coverage is provided to satisfy the insurance requirements set forth by the Pennsylvania Medical Professional Catastrophe Loss Fund in accordance with the Health Care Service Malpractice Act (1301.102) of the State of Pennsylvania. Malpractice Limits of Liability per Pl&rsician Policy Period 10/1/95 - 10/1/96 Per Occurrence $200,000 Annual Aggregate $600,000 Covered Physicians 1. Dr. Chris Carmine William Kunia PA. License Humber MD - 038223-E CC-tEI 5 Ptd.in U.S.A. (6/83) Authorized Agent GLD055814 0049-GLD-000055814 Policy No. CGO G1 423000-2 EndorsementNo. 18 CLAIMS MADE PHYSICIANS PROFESSIONAL UABHXTY COVERAGE This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL UABHXTY COVERAGE FORM We agree with you: I. COVERAGE AGREEMENTS We will pay you on your behalf all sums which you shall become legally obligated to pay as a result of Claims First Made against you during the policy period because of: COVERAGE A - INDIVIDUAL PROFESSIONAL LIABILITY Injury caused by a medical incident occurring subsequent to the retroactive date of 10/1/94 and prior to the end of the policy period, in the practice of medicine, or by any person for whose acts or omission you are legally responsible (except as a member of a partnership) including service by you as a member of a formal accreditation or similar professional board or committee: COVERAGE B - PARTNERSHIP LIABILITY Injury caused by a medical incident occurring subsequent to the retroactive date of 10/1/94 and prior to the end of the policy period, in the practice of medicine by any person for whose acts or omission the partnership named insured is legally responsible. COVERAGE C - CORPORATE UABHXTY Injury caused by a medical incident occurring subsequent to the retroactive date of 10/1/94 and prior to the end of the policy period, in the practice of medicine by any person for whose acts or omission the corporate named insured is legally responsible. We shall have the right and duty to defend any suit against the named insured seeking such damages, even if any of allegations of the suit are groundless, false or fraudulent, and may make such investigation, with the written consent of the named insured, such settlement of any claim or suit as it deems expedient but we shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of our liability has been exhausted by payment of judgments or settlements. No claim or suit shall be settled or compromised by us except with the written consent of the named Page 1 of 11 GLD055815 0049-GLD-000055815 insured, however, consent shall not be unreasonably withheld. H. EXCLUSIONS This insurance does not apply: (a) to liability of the named insured as a proprietor, superintendent executive officer, director or trustee of any hospital, sanitarium, clinic, laboratory, business enterprise or any not-for-profit or organization unrelated to the private practice of medicine, and not named as a covered Physician on endorsement number 17 of this policy: (b) to liability of others assumed by the named insured under any contract or agreement; (c) to liability of the named insured arising out of the performance of a criminal act; but this exclusion does not apply with respect to defense or suits unless the named insured is convicted in a criminal prosecution based on such act; (d) to any claim arising out of bodily injury to any employee of the named insured in the course of employment by the named insured; (e) to any obligation for which the named insured or any carrier acting as insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits law, or under any similar law; (f) as respects Coverage A, individual Professional Liability, to any claim arising out of the rendering of or failure to render professional services by any other person, professional association, corporation or partnership for whose acts or omissions the named insured may be held liable as a member, partner, officer, director or shareholder of such other professional association corporation or partnership; (g) to scientific, experimental research by the named insured which is not related to the private practice of Medicine. (h) to any claim which may arise from a medical incident which occurred prior to the retroactive date stated in the Declarations. (i) to any claim the named insured was aware of prior to the policy period and subsequent to the retroactive date stated in the Declarations and to any claim which may arise from a medical incident, if the named insured could have reasonably known the claim could develop from that medical incident prior to the policy period and subsequent to the retroactive date stated in the Declarations. Page 2 of 11 GLD055816 0049-GLD-000055816 (j) to any claim arising from a medical incident which occurred prior to the policy period and was reported to any other insurance carrier. (k) to any claim arising in whole or in part, out of a medical incident which occurred prior to the policy period and subsequent to the retroactive date stated in the Declarations if the named insured did not have any valid and collectible professional Liability insurance with respect to such claim. m. PERSONS INSURED (a) Each of the following is a named insured to the extent set forth below. (1) under individual Professional Liability, the individual(s) described in endorsement number 17 of this policy. (2) under Partnership Professional Liability, any entities described in this endorsement and any member or partner thereof with respect to acts or omissions of others, provided that no member or partner shall be an insured under this endorsement with respect to acts or omissions in the furnishing of professional services by himseif/herself or any person acting under his/her personal direction, control or supervision. (3) under Corporate Professional Liability, the entity in this endorsement and any member or stockholder thereof with respect to acts or omissions of others, provided that no member or stockholder shall be an Insurer with respect to acts or omissions in the furnishing of professional services by himself/herself or any person acting under his/her personal direction, control or supervision. (4) as respects the liability of each named insured covered herein, the heirs, executors, administrators, assigns and legal representatives of each named insured in the event of death, incapacity or bankruptcy of such name insured. (b) Each of the following is an insured to the extent set forth below: any person for whose acts or omissions such named insured is legally responsible as provided in this policy. IV DISCOVERY CLAUSE If during the policy period or any extended reporting period provided hereunder the named insured first becomes aware of a medical incident to which the insurance applies, and if the named insured shall during the policy period or any Page 3 of 11 GLD055817 0049-GLD-000055817 extended repotting period provided hereunder give written notice to us of: (a) the specific act or omission and (b) the injury or damage which the named insured first became aware of such act or omission. (c) the circumstances by which the named insured first became aware of such act or omission. then any claim subsequently made against the named insured arising out of such medical incident shall be deemed for the purposes of this insurance to have been made during the policy period or any extended reporting period provided hereunder. The limits of liability applicable at the time when a medical incident is reported shall apply. All claims arising out of the same medical incident shall be considered as having been made at the time the first claim is made. V. OPTION TO EXTENDED THE CLAIMS REPORTING PERIOD (a) In the event of the termination of this insurance by reason of non-renewal or cancellation by the named insured, or we shall cancel or refuse to renew this insurance for reasons other than the named insured's non-payment of premium non-compliance with the terms and conditions of this policy, the named insured shall have the right upon payment of an additional premium (to be computed in accordance with our rules, rates, rating plans and premiums applicable to the effective date of non-renewal or cancellation) to extend the claims reporting period to apply to claims first made against the named insured during the term of the extended reporting period endorsement or during the term of a successive extended reporting period endorsement following immediately upon the effective date of non-renewal or cancellation, provided such claims arise out of a medical incident which occurs subsequent to the retroactive date stated in the Declarations and prior to the date of non-renewal or cancellation, and otherwise subject to the terms and conditions of this policy. This period shall hereafter be referred to a s the extended reporting period and will be described on the extended reporting period endorsement, however, if this policy is immediately succeeded by similar claims made insurance coverage on which the retroactive date is the same as or earlier than, that shown in the Coverage Agreements section of this policy, the succeeding insurance shall be deemed to be a replacement, and in consequence the named insured shall not have any right to purchase an extended reporting period. Page 4 of 11 GLD055818 0049-GLD-000055818 The quotation of a different premium and /or renewal does not constitute a refusal to renew for the purpose of this premium. The extended reporting period shall not be available if the named insured's license or right to practice as a physician is revoked, suspended or surrendered. The extended reporting period shall not be available if the named insured's license or right to practice as a physician is revoked, suspended or surrendered. As a condition prior to the named insured's right to purchase the extended reporting period, the full annual premium of this policy must have been paid. The named insured's right to purchase the extended reporting period must be exercised by notice in writing not later than thirty days (30) including the non renewal or cancellation date of this policy, and must include payment of premium for the extended reporting period as well as payment of all premiums due us. If such notice is not so given to us, the named insured shall not at a later date be able to exercise such right At the commencement of any extended reporting period the entire premium shall be deemed earned, and in the event the named insured terminates the extended reporting period before its expiration date, we shall not be able to return to the named insured any portion of the premium for the extended reporting period. The fact that this insurance may be extended by virtue of the extended unlimited reporting period shall not in any way increase limits of Liability as set forth in endorsement number 17 of this policy. (b) In the event of the termination of this insurance by reason of non-renewal or cancellation due to the death of the named insured, the heirs, executors, administrators, assigns or legal representatives of the named insured shall have no additional premium charge on extended reporting period to apply to claims first made against the estate of the named insured following immediately upon the effective date of such non-renewal or cancellation, provided such claims arise out of a medical incident which occurs subsequent to the retroactive date stated in the Coverage Agreements section of this policy and prior to the date of non renewal i>r cancellation and otherwise subject to the terms and conditions of this policy. This extended reporting period shall hereinafter be referred to as the extended unlimited reporting period. As a condition present to effecting an extended unlimited reporting period, the full annual premium of this policy must have been paid. Page 5 of 11 GLD055819 0049-GLD-000055819 The named insured's right to request the extended unlimited reporting period must be exercised by notice in writing not later than thirty (30) days following the non-renewal or cancellation of this policy. If such notice Is not so given to us, the named insured shall not at a later date be able to exercise such right The fact that this policy is extended by virtue of the extended unlimited reporting .period shall not in any way increase the limit of liability so set forth in the Declarations. (c) In the event of the termination of this insurance by reason of non-renewal or cancellation due to the permanent and total physical or mental disability of the named insured for a period not less than six (6) months, the named insured shall have the option of requesting at no additional premium charge an extended reporting period to apply to claims first made against the named insured following immediately upon the effective date of such non-renewal or cancellation, provided such claims arise out of a medical incident which occurs subsequent to the retroactive date stated in the Coverage Agreements section of this policy and prior to the date of non-renewal or cancellation, and otherwise subject to the terms and conditions of this policy. This extended reporting period shall hereinafter be referred to as the extended unlimited reporting period. As a condition present to the right to request an extended unlimited reporting period, the full annual premium of this policy must have been paid. A named insured shall not be deemed permanently and totally disabled if able to perform any acts of the named insured's profession. The named insured's right to request the extended unlimited reporting period must be exercised by notice in writing not later than thirty (30) days following the non-renewal or cancellation date of this policy, and such notice must be accompanied by the signed and dated certification of die named insured's treating physician(s) and/or institution(s), other than a named insured under this policy, that such disability is permanent and total and has existed for a period not less than six (6) months; if such notice is not so given to us, the named insured shall not at a later date be able to exercise such right. The fact that this policy is extended by virtue of the extended reporting period shall not in any way increase the limits of liability as set forth in the Declarations. (d) The event of the termination of this insurance by reason of non-renewal or cancellation upon the retirement of the named insured at or the age of sixty-five; Page 6 of 11 GI,D055820 0049-GLD-000055820 and such named insured has been continuously insured under this policy for a period not less than sixty (60) months, the named insured shall have the option of requesting at no additional premium charge an extended reporting period to apply to claims first made against the named insured following immediately upon the effective date of such non-renewal or cancellation, provided such claims arise out of a medical incident which occurs subsequent to the retroactive date stated in the Declarations and prior to the date of non-renewal or cancellation and otherwise subject to the terms and conditions of this policy. The extended reporting period shall hereinafter be referred to as the extended unlimited reported period. As a condition present to the right to request an extended unlimited reporting period, the full annual premium of this policy must have been paid. A named insured shall not be deemed retired if performing any acts of the named insured's profession. The named insured's right to request the extended unlimited reporting period must be exerdsed by notice in writing no later than thirty (30) days following tiie non-renewal or cancellation of this policy. If such notice is not so given to us, the named insured shall not at a later date be able to exercise such right. The fact that this policy is extended by virtue of the extended reporting period shall not in any way Increase the limits of liability as set forth in the Declarations. VL LIMITS OF UABIUTY Except with respect to a self-incorporated individual, the limits of liability afforded by this policy apply separately to each named insured against whom daim is made or suit is brought on account of injury to which this insurance applies caused by a medical inddent, provide, however, if more than one individual is named in this insurance, the limits of liability and other terms of this insurance shall apply separately to each individual so named in the same manner as though each was the only named insured. As respects a self-incorporated individual, the total limit of our liability for claims made or suits brought against the named insured on account of injury to which this insurance applies caused by a medical incident shall be the limit of liability stated in the Declarations. Subject to the foregoing provisions, the liability of us for damages because of injury to which this insurance applies, sustained by any one person, shall not exceed the limit of liability stated in endorsement number 17 as applicable to each medical incident. Page 7 of 11 GLD055821 0049-GLD-000055821 The limits of liability in effect when a claim is first made shall apply. In addition, the limit of our liability for all damages shall not exceed the limit of liability stated in the Declarations as "aggregate". Vn. SUPPLEMENTARY PAYMENTS We will pay in addition to the applicable limit of liability. (a) all expenses incurred by us, all costs taxed against the named insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before we have paid or rendered or deposited in court that part of the judgment which does not exceed the limit of liability thereon: (b) premiums on appeal bonds required in any such suit and 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, but we shall have no obligation to apply for or furnish any such bonds or furnish any collateral security which may be required for the Issuance of any such bonds. (c) Solely with respect to arbitration proceedings and trials involving claims which this insurance applies. We will pay such reasonable expenses, including loss of wages and salary, incurred by the named insured at our request because of the named insured's attendance at such hearings and trials as is requested by us, provided. 1. That the maximum reimbursement for such expenses shall not exceed $200 per day for each day during which the named insured Is in attendance at an actual arbitration or trial. This limit of liability shall apply separately with respect to each named insured who attends such proceedings at our request. 2. Our maximum liability for such reimbursement shall not exceed $5,000 per named insured as respects any one claim. Via. DEFINITIONS When used in the insurance: (a) named insured means the peison(s) or entity named in the Declarations to this insurance. (b) Insured-means any person for whose acts or omissions such named insured is Page 8 of 11 GLD055822 0049-GLD-000055822 legally responsible as provided in this policy. (c) damages means a monetary judgment, award or settlement, provided always that damages does not include fines or statutory penalty whether imposed by law or otherwise, nor the return of or restitution of legal fees, costs and expenses arising therefrom. (d) Claim means a demand received by the named insured for money or services, including the service of suit or receipt of notification of arbitration. (e) injury means bodily injury, sickness or disease sustained by any person including death at any time resulting therefrom, and including loss of consortium. (f) policy period means the period from the inception date of this policy to the expiration date as set forth in the Declarations or an earlier termination of this insurance, if any. (g) extended reporting period means the time after the end of the policy period for reporting claims arising out of a medical incident occurring subsequent to the retroactive date and prior to the end of the policy period and otherwise covered by this policy. (h) medical incident means any act or omission (1) in the providing of professional medical services by the named insured, an employee'of the named insured, or any person acting under the personal direction, control or supervision of the named insured, or (2) in the sendee by the named insured as a member of a formal accreditation, standards review or similar professional board or committee. All liability arising out of a single meeting shall be considered one medical incident Any such act or omission together with all related acts or omissions in the providing of such services to any one person shall be deemed to be one medical incident. CONDITIONS I. NOTICE OF CLAIM As a condition precedent to the right to the protection afforded by this policy the named insured shall, as soon as practicable, give us notice of any claim made against the named insured. In the event suit is brought against the named insured, the named Insured shall immediately forward to us every demand, notice, summons or other process received directly or by the named insured's representatives. Page 9 of 11 GLD055823 0049-GLD-000055823 IL ASSISTANCEAND COOPERATION OFTHENAMED INSURED AND/OR ANY INSURED The named insured and/or any insured shall cooperate with us and upon our request, shall submit to examination and interrogation by a representative of us, under oath if required, and shall attend hearings, depositions and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits, as well as in the giving of a written statement or statements to our representatives and meeting with such representatives for the purpose of investigation and/or defense, all without charge to us. The named insured and/or any insured shall further cooperate with us and do whatever is necessary to secure and effect any such rights to indemnity, contribution or apportionment which named insured may have. The named insured shall exercise the named insured's right to either reject or demand the arbitration of any claim made against the named insured in accordance with the written instructions of us. The named insured shall not, except at the named insured's own cost, make any payment, limit any liability, settle any claims, assume any obligation or incur any expense without our written consent. HI. ACTION AGAINST US No action shall lie against us unless as a condition precedent thereto, there shall have been full compliance by the named insured with all of the terms at this insurance, nor until the amount of the named Insured to pay shall have been finally determined either by judgment against the named insured after actual trial or by written agreement of the named insured, the claimant and us. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy up to the limits of liability of the insurance afforded by this policy. No person or organization shall have any right under this policy to join us as a party to any action against the named insured to determine the named insured's liability nor shall we be impleaded by the named insured or the named insured's legal representative. Bankruptcy or insolvency of the named insured or of the named insured's estate shall not relieve us of any of our obligations hereunder. IV. OTHER INSURANCE If the named ifisuied has other insurance against a loss covered by this insurance, we shall not be liable under this insurance for a greater proportion of such loss than the applicable limit of liability stated in the Declarations bears to the total applicable limit of liability of all valid and collectible Insurance against such loss. Page 10 of 11 GLD055824 0049-GLD-000055824 V. SUBROGATION In the event of any payment under this insurance, we shall be subrogated to all the named insured's rights of recovery thereof against any person or organization, and the named insured shall execute and deliver instruments and papers and do whatever else is necessary such rights. The named insured shall do nothing after loss to prejudice such rights. VI. LAW AND REGULATIONS Any provision of this insurance in conflict with any law or lawful regulation of any governmental entity of the state in which it is issued or of the state in which a loss covered hereunder occurs, shall be deemed to be deleted from this policy to the extent of such conflict, any agreement or condition required by such law or regulation to be included in this insurance shall be deemed to be part of this insurance. VH. ASSIGNMENT The interest hereunder of any named insured is not assignable. If the named insured shall die or be adjudged incompetent, this insurance shall thereupon terminate, but shall cover the named insured's legal representatives as the named insured with respect to liability previously and covered by this insurance. a:cglcf069.p5a lma (wpSl) Page 11 of 11 GLD055825 0049-GLD-000055825 AMENDATORY ENDORSEMENT - LOGGING AND LUMBERING OPERATIONS Named Insured Endorsement Number Kanson Industries Policy Symbol Policy Number Policy Period 19 (Page 1 of 2) Effective Date ol Endorsement CGO G1 423000-2 issued By (Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the followings COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ?ORM 1. Fire Suppression Expense - Meaning, fire suppression expenses incurred By others for which the named insured is legally obligated, solely by reason of such expenses having been incurred as a direct consequence o fire resulting from and immediately attributable to an occurrence arising out of logging or lumbering operations o the named insured. 2. Property Damage to Timberland or Timber not owned by any Named Insured Meaning, property damage to timberland and standing, felled or bucked timber at premises rented or controlled by the named insured, if such timberland or timber is not owned by any insured and except while such timber is being transported. 1. Property Damage to Automobiles and Railroad Cars nob owned by the Named Insured - Meaning, property damage to automobiles and railroad cars not owned by the Named Insured which occurs while such vehicles are being loaded or unloaded by or on behalf of the Named Insured and arises out of such loading and unloading. The insurance provided for fire suppression expense and for damage to timberland or timber not owned by any Named Insured shall not apply to damages because of fire or fire suppression if the fire arose out of the following operations conducted by or at the direction of the Insured: (A) The burning of slash at times or under conditions prohibited or not approved by proper State or Federal authorities, or (B) The felling or bucking of timber, the operation of logging equipment (including railroad equipment) or the loading or unloading of logs at a time during which suspension of such operating had been directed by the proper State or Federal authorities. The insurance afforded by this endorsement is subject to a $250.00 property damage deductible per occurrence. CC-tEI 5 Ptd. in U.S.A. 16/86) _______/t. Authorized Agent GLD055826 0049-GLD-000055826 AMENDATORY ENDORSEMENT - LOGGING AND LUMBERING OPERATIONS Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 19 (Page 2 of 2) Effective Date of Endorsement CGO G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the poSey. This endorsement modifies insurance provided under Che following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - CONTINUED Definition: Logging and Lumbering operations means all operations associated with the felling of timber and production of lumberr including road building operations, the operating of saw or planing mills, operations incidental bo any of these, end the ownership, maintenance or use of vehicles in connection with such operations, if such operations are conducted by or for the Named insured. "Extension of Coverage - Under State of Oregon 0R8 Chapter 477" It is further agreed that the Company agrees to pay (subject bo the deductible provision and limits of insurance Section III) firefighting expense(s) incurred by others for which the Named Insured shall be held legally obligated solely by reason of such expense (s) having been incurred as a direct conseguence of fire resulting from and immediately attributable to an occurrence arising within the logging and lumbering and/or sawmill operations of the Named Insured in accordance with the State of Oregon ORS Chapter 477. CC-1E15 Ptd. in U.S.A. (6/86) Authorized Agent GLD055827 0049-GLD-000055827 NON ACCUMULATION OF LIMITS OF INSURANCE ENDORSEMENT Named Insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period 20 Effective Date of Endorsement CGO G1 423000-2 Issued By (Nome of Insurance Company) 10/01/95 to 10/01/96 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the Informaton la to be completed only when this endorsement Is issued subsequentto the preparation of the poBcy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PHOOUCTS/COMPLSTBD OPERATIONS LIABILITY COVERAGE FORM We agree with you that as the Company has issued Commercial General Liability Policies in the united States, Canada* and Guam and Saipan as listed in this endorsement* the most we will pay for the sum for all damages payable trader all policies is as follows: (U.S. $) Coverage Form: Limits of Insurance COMMERCIAL GENERAL LIABILITY General Aggregate Limit (other than Products/Completed Operations) Each occurrence (other than Products/Completed Operations) Products/Completed Operations Aggregate Limit Personal & Advertising Injury Limit Each Occurrence (Products/Completed Operations) Fire Damage Limit (any one fire) Medical Expense Limit (any one person) Each Occurrence (Errors and Omissions Limit) Errors and Omissions Aggregate Limit Not applicable $ 3*000*000 $ 15*000,000 $ 3*000,000 $ 5*000,000 $ 250*000 $ 5*000 $ 3*000,000 $ 3*000*000 LIQUOR LIABILITY Each Occurrence Limit Aggregate Limit $ 3*000,000 $ 3,000,000 These limits are subject to all terms and conditions of all the following policies: SCHEDULE Policy Number Insurance Company GGL 033420 705-00141 CIGNA Insurance Company of Canada Insurance Company of North America This endorsement is subject to all other terms and conditions of this policy. CC-IEt 5 Ptd. in U.S.A. (6/86) Authorized Agent \ GLD055828 0049-GLD-000055828 AMENDATORY ENDORSEMENT - WORLDWIDE PRODUCTS POLICY TERRITORY Named insured Endorsement Number Hanson Industries Policy Symbol Policy Number Policy Period CSO G1 423000-2 Issued By (Name of Insurance Company) 10/01/95 21 Effective Date of Endorsement to 10/01/95 10/01/95 Indemnity Insurance Company of North America Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORK DEFINITION 4.c. "Coverage territory" of SECTION V is replaced by the following: 4.e. With respect to the products hazard, anywhere in the world* except with respect to loss arising out of foreign-based operations of the Named Insured. As used herein, "Foreign-Based Operations" means: 1. Construction, fabrication, erection or installation operations outside the United States of America, its territories or possessions, or 2. Manufacturing, selling or distributing goods or products at or from locations outside the United States of America, its territories or possessions, but "Foreign-Based Operations" do not include the distribution or sale of goods or products manufactured in the United States of America, its territories or possessions. Furthermore, the following is added to Supplementary Payments - Coverages A and B: F. The Company shall have the right but not the duty to investigate, settle or defend any claim made or suit brought against the Insured outside the United States of America, its territories or possessions, or Canada. If the Company elects not to investigate, settle or defend any such claim or suit, the Insured, under the supervision of the Company, shall effect such settlement thereof as the Company and the Insured deem expedient. The Company shall then reimburse the Insured for the reasonable costs of such investigation and defense, within the applicable limits of the Company's liability, for the amount of any settlement so authorized. CC-1E15 Ptd. in U.S.A. (6/86) ErT Authorized Agent GLD055829 0049-GLD-000055829 INTERIM PREMIUM PAYMENT ENDORSEMENT Named insured Hanson Industries Pofcy Symbol Policy Number CGO G1 423000-2 Issued By iNsma of InsuranceCompany! Policy Period 10/01/95 - 10/01/96 Endorsement Number 22 Effective Date of Endorsement 10/01/95 Indemnity Insurance Conroanv of North America Tr>e above fa required to to compteted only when this endorsement is ssuetfeubsequent to the preparation of the policy. It is hereby agreed that the estimated annual premium for the policy is payable as follows: Deposit Premium Interim Premiums $ 2,000,000. $ 2,000,000. 2,000,000. 2,000,000. 2,000,000. 2,000,000. 2,000,000. 2,000,000. 2,000,000. 2,000,000. 2,000,000. 7,601,500. 10/01/95 DatePayable 11/01/95 12/01/95 01/01/96 02/01/96 03/01/96 04/01/96 05/01/96 06/01/96 07/01/96 08/01/96 09/01/96 Total Estimated Premium 29,601,500. It is further agreed that the deposit premium shall be paid upon delivery of the policy and the interim premiums on the indicated dates. Upon expiration of the policy the earned premium shall be computed in accordance with the basis of premium as specified in the policy and the deposit premium and interim premiums shall be credited thereto. If the earned premium exceeds the deposit premium plus the interim premiums, ibe insured shall immediately pay to the company the additional earned premium; if it be less, the company shall return the difference to the insured but shall, in any event, retain the minimum premium stated in the declarations. LC-578d 1/73 Pld. m U.S.A. INSURED COPY Authorized Agent GLD055830 0049-GLD-000055830 CGO G1 423000-2 Endt. #23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion c. of COVERAGE A (Section I) is replaced by the following: c. "Bodily injury" or 'property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of afcohoi; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you: (1) Manufacture, sell or distribute alcoholic beverages; (2) Serve or furnish alcoholic beverages for a charge whether or not such activity: (a) Requires a license; (b) Is for the purpose of financial gain or livelihood; or (3) Serve or furnish alcoholic beverages without a charge, if a license is required for such activity. CG 21 50 09 89 * Copyright, Insurance Services Office. Inc., 1988 GLD055831 0049-GLD-000055831 POLICY NUMBER: CGO Gl <423000-2 Endt. #24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Vendor): Any person or Organization designated in writing as a Vendor. Your Products: (If no entry appears above, information required to complete this endorsement will be shown in the Declara tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as vendor) shown in the Sched ule, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, sub ject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the prod uct made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; a. Any failure to make such inspections, adjust ments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con nection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product: g. Products which, after distribution or safe by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. This insurance does not apply to any insured person or organization, from whom you have ac quired such products, or any ingredient part or container, entering into, accompanying or con taining such products. CG 20 15 11 88 Copyright, Insurance Services Qffice, Inc., 1986,1988 GLD055832 0049-GLD-000055832 Endt. it25 POLICY NUMBER: CGO G1 423000-2 COMMERCIAL GENERAL LIABILITY CG 201010 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE Any Owner, Lessee or Contractor for whom Hanson Industries is obligated to provide insurance such as is afforded by the Terras of this Policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declara tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that in sured. CG 20 10 10 93 Copyright. Insurance Services Office. Inc.. 1992 O GLD055833 0049-GLD-000055833 CGO G1 423000-2 Endt. #26 IL 00 21 11 94 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily in jury" or "properly damage" (1) With respect to which an "insured' under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association. Mutual Atomic Energy Liabil ity Underwriters. Nuclear Insurance Asso ciation of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability: or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954. or any law amendatory thereof, or <b) the "insured" is. or had this policy not been issued would be. entitled to indemnity from the United States of America, or any agency thereof, under any agreement en tered into by the United States of America, or any agency thereof, with any person or organization. B. Under any'Medical Paymenls coverage, to expenses incurred wilh respect to "bodily, in jury" resulting from the "hazardous proper ties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily inlury" or "property damage" resulting from "hazardous properties" of nuclear material", if: (1) The "nuclear material" (a) is at any "nu clear facility" owned by, or operated by or on behalf of. an "insured" or (b) has been discharged or dispersed therefrom: (2) The "nuclear material" is contained in 'spent fuel" or "waste" at any time pos sessed. handled, used, processed, stored, transported or disposed of. by or on behalf of an "insured', or (3) The "bodily injury" or "property damage" arises out of the lurnishing by an "in sured' of services, materials, parts or equipment in connection with the plan ning. construction, maintenance, opera tion or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or pos sessions or Canada, this exclusion <3) ap plies only to 'property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material". 'Special nuclear material" or "by-product mate rial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in arty law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". tL 00 21 11 94 Copyright. Insurance Services Office, Inc.. 1994 Page 1 of 2 C GLD055834 0049-GLD-000055834 'Waste" means any waste materia! (a) contain ing "by-product material" other than the tailings or wastes produced by the extraction or concen tration of uranium or thorium from any ore proc essed primarily for its "source material" content, and (b) resulting from the operation by any per son or organization of any "nuclear facility" in cluded under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium. (2) processing or utilizing "spent fuel", or (3) handling, processing or packag ing "waste"; (c) Any equipment or device used for the proc essing, fabricating or alloying of "special nu clear material" if at any time the total amount of such material in the custody of the "in sured" at the premises where such equip ment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the fore going is located, all operations conducted on such site and all premises used for such oper ations. 'Nuciear reactor" means any apparatus de signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. 'Property damage" includes all forms of radio active contamination of property. Page 2 of 2 Copyright, Insurance Services Office. Inc., 1994 IL 00 21 11 94 O GLD055835 0049-GLD-000055835 CGO G1 423000-2 Endt. #27 COMMERCIAL GENERAL LIABILITY CG 00 43 05 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1.a. of COVERAGE A - BODILY IN JURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages} is replaced by the fol lowing: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of "bodily injury" or "prop erty damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily in jury" or "property damage" to which this insurance does not apply, We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may re sult. But; (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION Iff); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance .in the payment of judg ments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under SUP PLEMENTARY PAYMENTS COVERAGES A AND B. B. Paragraph 2.b. of COVERAGE A - BODILY IN JURY AND PROPERTY . DAMAGE LIABILITY (Section I - Coverages) is replaced by the fol lowing: 2. Exclusions This insurance does not apply to: b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the ab sence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the 'bodily injury" or "property dam age" occurs subsequent to the exe cution of the contract or agreement. Solely for the purposes of liability as sumed in an "insured contract", rea sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily in jury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract''; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insur ance applies are alleged. CG 00 43 05 92 Copyright. Insurance Services Office, Inc., 1991, 1993 Page 1 of 3 GLD055836 0049-GLD-000055836 C. Paragraph 1,a. of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Sec tion f Coverages) is replaced by the following: 1. insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of "personal injury" or "ad vertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However we will have no duty to defend the insured against any "suit" seeking damages for "personal injury" or "advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: 0) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judg ments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under SUP PLEMENTARY PAYMENTS COVERAGES A AND B. D. The first sentence of SUPPLEMENTARY PAY MENTS - COVERAGES A AND B is replaced by the following: We will pay, with respect to any ctaim we inves tigate or settle, or any "suit" against an insured we defend: E. Paragraph 2.c.<3) of the DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE. CLAIM OR SUIT Condition (Section IV - Commercial General Li ability Conditions) is replaced by the following: 2, Duties in the Event of Occurrence, Of fense, Claim or Suit c. You and any other involved insured must: (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and F. Paragraph 2.d. of the DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE CLAIM OR SUIT Condition (Section IV - Commercial General Li ability Conditions) is replaced by the following: 2. Duties in the Event of Occurrence, Of fense, Claim or Suit d. No insured will, except at that insured's own cost, voluntarily make a payment, as sume any obligation, or incur any expense, other than for first aid, without our con sent. G. The second paragraph of paragraph 4,b. of the OTHER INSURANCE Condition (Section IV Commercial General Liability Conditions) is re placed by the following: 4. Other Insurance b. Excess insurance When this insurance is excess, we will have no duty under Coverages A or B to defend the insured agairist any "suit" if any other insurer has a duty to defend the in sured against that "suit", if no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Page 2 of 3 Copyright, Insurance Services Office, Inc., 1991, 1993 CG 00 43 05 92 0049-GLD-000055837 H. The definition of "suit* in DEFINITIONS is re placed by the following: 16. "Suit* means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising in jury" to which this insurance applies are al leged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with -our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. CG 00 43 05 92 Copyright, Insurance Services Office, Inc., 1991, 1993 Page 3 of 3 GLD055838 0049-GLD-000055838 CGO G1 423000-2 Endt. #28 COMMERCIAL GENERAL LIABILITY CG 00 48 05 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM (OCCURRENCE VERSION) This endorsement modifies insurance provided under the following: PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART (OCCURRENCE VERSION) A. Paragraph l.a. of BODILY INJURY AND PROP ERTY DAMAGE LIABILITY (Section I - Coverages) is replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of "bodily injury" or "prop erty damage" included within the "products-completed operations hazard" to which this insurance applies. We will have the right and duty to defend the in sured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION HI); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judg ments or settlements. No other obligation or liability to pay sums or perfomi acts or services is covered un less explicitly provided for under SUP PLEMENTARY PAYMENTS. B. Paragraph 2.b. of BODILY INJURY AND PROP ERTY DAMAGE LIABILITY (Section I - Cover ages) is replaced by the following: 2. Exclusions This insurance does not apply to: b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property dam age" occurs subsequent to the exe cution of the contract or agreement. Solely for the purposes of liability as sumed in an "insured contract", rea sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily in jury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are tor defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insur ance applies are alleged. j j j j j 1 CG 00 48 05 92 Copyright, Insurance Services Office, Inc., 1991 Page 1 of 2 GLD055839 0049-GLD-000055839 C. The first sentence of SUPPLEMENTARY PAY MENTS is replaced by the following: We will pay, with respect to any claim we inves tigate or settle, or any "suit" against an insured we defend: D. Paragraph 2.c.(3) of the DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT Condition (Section IV - Products/Completed Operations Liability Conditions) is replaced by the following; 2. Duties in the Event of Occurrence, Claim or Suit c. You and any other involved insured must; (3} Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and E. Paragraph 2.d. of the DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT Condition (Section IV - Products/Completed Operations Liability Conditions) is replaced by the following: 2. Duties in the Event of Occurrence, Claim or Suit d. No insured will, except at that insured's own cost, voluntarily make a payment, as sume any obligation, or incur any expense, other than for first aid, without our con sent. F. The definition of "suit" in DEFINITIONS (Section V) is replaced by the following: 14. "Suit" means a civil proceeding in which damages because of "bodily injury" or "prop erty damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. ( Page 2 of 2 Copyright, Insurance Services Office. Inc., 1991 CG 00 48 05 92 O GLD055840 0049-GLD-000055840