Document rxv83re7GR0X55ep0NNrD2j5r

w / f . & D. LTD. Date:- Uth_November, 1958 'Endorsement to Be attached to and form part of Policy No. ^g35 of LLOYD*3 UNDERWRITERS NAME OP ASSURED: THE ANACONDA CCKFANY & OTHERS. It is hereby declared and agreed that with effect from the 7th July, 1958 the Anaconda Company will engage in the manufacture of aluminium foil for use as food wrapping etc. it being noted that the operation Will be conducted under the name of Cochran Foil Corpn. and the indemnity this policy is extended to apply accordingly. Subject, otherwise to all the terms, conditions .and limitations of the policy. EJW/JEL / N11044 7?.- ?. & D. LTD., Date:- 4th November, 1958 Endorsement to be attached to and form part of Policy No. W33 Ot LLOYD*3 OHDSa^airNSS, NAME OF ASSURED;: THE ANACONDA COMPANY & OTHERS.. It is hereby declared and agreed that with effect from the 7th July, 195:8 the Anaconda Company will engage in the manufacture of aluminium foil for use as food wrapping etc. it being noted that the operation will be conducted under the name of Cochran Foil Ccrpn. and the indemnity by this policy is extended to apply accordingly." Subject otherwise to all the terms, conditions and limitations of the policy. EJW/JEL AID 004725 10th Jane, 1958. 4635 The Anaeonda Company, and othera. It la hereby declared and agreed that the exclusion of Aircraft Liability under this poller shall not be held to eliminate coverage for Aircraft Products Liability as this coverage la afforded by the primary Insurance. It la also declared and agreed that notwithstanding anything contained in the policy to the contrary the term "occurrence" h im an event or a continuous or repeated exposure to conditions which unintentionally causes injury damage Or dsstmotlon during the policy period. Any nastier of each Injuries damage or destruction resulting from a Canaan cause as from exposure to substantially the same conditions shall be deemed to result from one oconrrenee. It la also declared and agreed that the tern "Products Baxard" meansl(1) good* or product* manufactured, sold handled or distributed by the nested Assured or by others trading haler hie name, if the aad dent occurs after possession of such goods or products have been relinquished to others by the named Assured or by ethers trading under hie none and If such aad dent occurs aviy from premises owned, rented or controlled by the nested Assured or on prataiae* for which the elaaslfleatlon stated In division (a) of the declarations excludes any part of the foregoing; provided, such goods or produota shall be deemed to Include any container thereof, other than a vehicle, hut shall not Include any rending machine or any ' property, other than such container, rented to or located for use of others but not told; (2) operations. If the aed dent occurs after such operations have bean eonqilsted or abandoned and occurs away from premiss* owned, rented or controlled by the named Assured; provided, operations shall not be deemed Incomplete because Improperly or defectively performed or because further'operations may be required pursuant to an agreement; provided further, the following ahall not he deemed to be "operations* within the meaning of this paragraph; (h) pick-up or delivery, except from or on to a railroad car, (b) maintenance of vehicles owned or used by or on behalf of the ``soured, (c) the existence of tools, uninstalled equipment and abandoned or unused materials and (d) operations for which the classification stated In division (a) of the declarations specifically includes completed operjftiqRa. All other terms and conditions retail AID 004726 15th April, 1953. U635 TKS ANACOHDA COHPANY ANE/OR 1T3 AFFILIATED, ASSOCIATED AND SUBSIDIARY COMPANIES AS HO'7 COHSOTOTED OS AS HAY HEREINAFTER BS ACQUIRED OR CREATED AHD INSPIRATION CONSOLIDATED COPPER - - COMPANY AND WARRIOR C00PERATIVS'2ESCANTILS. COMPANY AHD BUTTS COPPER AHD ZINC COKPAHY, It la hereby declared cud agreed with effect from April 11th# 1957 that the soount of the underlying lnauranoe In respect of Advertisers Liability la Increased to 0. S.#i#000,000, Ail other terms, oadditions and limitations of thla policy resain unaltered. sjw/m a id 004727 W.D, t D. LTD., LONDON, Date:- 3rd September,1957 THI8 END033.ai/IENT i s to be deemed to be embodied in and form part of the OTi-i W>- ' "*-->--! '--Dn- '"l --4 - V -* c-'- and ohnni^i Vo ,, vi-..-.u .j . thereto. NAME OF ASSURED: THE ANACONDA COMPANY AND/OR ITS AFFILIATED, ASSOCIATED AI'TD SUBSIDIARY COMPANIES AS NOW CONSTITUTED OR AS MAY HEREINAFTER EE ACQUIRED OR CREATED AND INSPIRATION C CXTS OLIDATED COPPER COMPANY AND WARRIOR COOPERATIVE MERCANTILE COMPANY AND BUTTE COPPER AND ZINC COMPANY. ??TM5?5Yl_5LPe^EHar5!'*._l?57 IN CONSIDERATION of an included additional premium such insurance as is afforded by this Policy is extended to'cover the Anaconda Wire and Cable Co., as an additional Assured, it being understood and agreed that in respect of the above mentioned additional Assured only Exclusion (f)"of the Policy shall be deemed to be inapplicable. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNALTERED. AID 004728 APT AGEING 10 AND FORMING PART OF POLICY NO. Wh/U6l5. . . r \ Named Assured:- THE ANACONDA COMPANY AKE/OS US AFFILIATED, ASSOCIATE] AND SUBSIDIARY COMPANIES AS HO,'. CONSTITUTED OH AS MAY HEREINAFTER BE AClJJIHEB OR CREATED AND INSPIRATION CONSOLIDATED COPPER COMPANY AND WARRIOR COOPERATIVE MERCANTILE COMPANY AND BUTTS COPPER AND 2IHC COiPAHY, (hereinafter called tte "Named Assured"). INSURING AGREEMENTS I. COVERAGE. Underwriters hereby agree, subject to the limitations, terms and conditions; hereafter mentioned, to indemnify the Assured for all sums which the Assured shall be obliged to pay by reason of the liability imposed upon the As sured by law or as suited by the Named Assured under contract or agreement, for damages,, direct or con sequential, and expenses all as. more fully defined by the term "ultimate net loss", on account of personal injuries, including death at any time resulting therefrom, and property damage, caused by or arising out of eaqfi occurrence happening during the Policy period, anywhere in the World* II. LIEU OP LIABILITY - Underlying Limits. Underwriters hereon shall only be liable for the ultimate net loss the excess of U. S. 0 100,000* in all in respect of each occurrence, but as regards Products Liability U. S.$ 100,000* in the aggregate for each annual period during the currency of this Policy which in turn pays the excess of either 1. the amount recoverable under underlying insurances as set out in the attached Schedule, OR 2. U. S.S 50,000. ultimate net loss in respect of each occurrence not covered by said underlying insurances (all hereinafter called the "Underlying Limits"), and then only up to a further U. S. 0 U00,000* in all in respect of each occurrence, subject in respect of Products Liability to a limit of U. 3.0 h00,000* -in the aggregate for each annual period during the currency of this Policy. The words "each annual period" shall mean each consecutive period of one year corrmencing from the effective date of this Policy. In the event of reduction or exhaustion of the aggregate limita of liability under underlying insurance by reason of losses paid thereunder, this Policy shall: (1) in the event of reduction pay the excess of the reduced underlying limit; (2) in the event of exhaustion continue in force as underlying insurance. The inclusion hereunder of more than one Assured shall not operate to increase Underwriters' limit of liability. -1- AID 004729 THIS POLIC~_ 5U3JECI TO THE FOLLCV'INC- DEFINITION: 1 . ASSURED:. Tile unqualified word ' 'Assured-', wherever used in this Policy, includes not only the Named Assured hut also: - (a) any officer, director, stockholder or employee of the Named Assured, while acting in his capacity as such, (h) any person, organisation, trustee or estate to whom the. Named Assured i;s'''obligated by virtue of a written contract or agreement to provide insurance such as is onafforded by this: Policy, but only in respect of operations by or behalf of the Named Assured or of facilities used by the Named Assured} (c) with respect to any automobile owned by the Named Assured or hired for use on behalf of the Named Assuredor to any aircraft hired for use on behalf of the Named Assured, any person while using such automobile or aircraft and any person or organisation legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the Named Assured. The Insurance extended by this sub-division (c), with respect to; any person or organisation other than the Named Assured, shall not apply - 1. to any person or organisation, or to any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; 2. to any manufacturer of aircraft, engines or aviation accessories, or any aviation sales or service or repair organisation or airport or hangar operator or their respective employees or agents, with respect to any occurrence arising out of the operation thereof; 3. to any employees with respect to injury to or the death of another employee of the same Employer injured in the course: of such employment in an occurrence arising out of the maintenance or use of an automobile or an aircraft in the business of such Employer; h. with respect to any hired automobile or aircraft, to the owner thereof or to any employee of such owner. 2. PERSONAE INJURIES. The term "Personal Injuries^' wherever used herein, shall include, but not by way of limitation; "Bodily Injury, Mental Injury, Mental Anguish, Shock, Sickness, Disease, Disability, False arrest. False Imprisonment, False Eviction, Detention, Malicious Prosecution, Discrimination, Humiliation, Invasion, of right of privacy. Libel,Slander or Defamation of Character; also. Piracy and any Infringement of Copyright or of property or contract rights committed or alleged to have been committed in the conduct of the Assured's advertising activities." -2- AID004730 It is understood and agreed, ho~ever, that with' respect to advertising activities this Policy shall not apply to claims against -the; Assured: ' 1 . Por failure of oerfcrr.iance of contract (but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of implied contract). 2. By advertising agents of the Assured. 3. Por infringement of trade-mark or trade-name by use thereof as the trade-mark or trade-name on goods as advertised. 4. Por incorrect description of any article or commodity. 5. Por mistake in advertised price. 3. PROPERTY DA11AG-E. The term "Property Damage", wherever used herein, ahull include, but not by way of limitation, damge to or destruction or loss of property excluding however, damage to property owned by the Named Assured.. k. OCCURRENCE. The term "Occurrence", wherever used herein, shall mean one happening or series of happenings, arising out of or due to one event talcing place during the term of this Policy. 5. ULTII'ATS NET LOSS. The term "ultimate net loss" shall mean the total sum which the Assured, or any company as his Insurer, or both, become obligated to pay by reason of personal injury or property damage claims, either through adjudication or conpromlse, and*shall also include hospital, medical and funeral charges'and all suns paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators; and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries bf the Named Assured's or of any underlying Insurer's permanent employees. The Underwriters shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance. 6. AUT0N03I13. The tern "automobile" wherever used herein, shall mean a land motor vehicle, trailer or semi-trailer. 7. AIRCRAFT. The term "aircraft", wherever used herein, shall mean any heavierthan-air or lighter-than-air aircraft designed to transport persons or property. -3- AID004731 S. PRODUCTS IIA3ILIT". Tiie term "products liability! means (l ) liability aristas out of the handling or use of, the existence of any condition in or a warranty of goods or products manufactured, .sold, handled, or distributed by the Named Assured, other than equipment rented to or located for use of others out not sold, after the Earned Assured has relinquished possession thereof to others and away from premises owned, rented, or controlled by the Named Assured. (2) liability arising from operations, if the occurrence occurs after such operations have been completed or abandoned at the place of occurrence thereof and away from premisies owned, rented cr controlled by the Named Assured, except (a) pick-up and delivery, (b) the existence of tools, uninstalled equipment and abandoned or unused materials; provided operations shall not be deemed incomplete because improperly or defectively performed 'or because fuifjher operations may be required pursuant to a service of maintenance agreement. 9. ANNUAL PERIOD. The term "each annual period" shall mean each consecutive period of one year commencing from the inception date of this Policy. THIS POLICY IS SU3JSCT TO TS3 POLLOiTINU EXCLUSIONS:. This Policy shall not apply, except insofar as coverage is available to the Assured under the underlying insurances Set out in the attached Schedule. (a) to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for personal injury or Death resulting from any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft; (b) to claims made against the Assured: (i) for repairing or replacing any defective product or products manufactured,'sold or supplied by the Assured or any defective part or parts thereof nor for the cost of such repair or replacement; (Li) for the loss of use of any such defective product or products or part or parts thereof; (iii) for improper or inadequate performance, design or specification. (c) except in respect of occurrences taking place in the United States of America, its territories.or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of"foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. -k- AID 004732 (&) 7/ith respect to any Air era-1. (e) to any obligation for which the Assured or ary Company as its Insurer may be held under any Workmen's Compensation, Employer's liability or Occupational Disease Law provided however that this exlusion does not apply to liability of others assumed by the Named Assured under contract or agreement. (f) to liability arising from damage to or destruction of property under the Assured's care, custody or control. THIS POLICY IS SUBJECT TO THE FOLLOWING CONDITIONS: A. PgEfflUh. The premium for which this- Policy is issued is a flat premium and is not subject to adjustment on expiry. B. INSPECTION AMD AUDIT. UNDERWRITERS shall be permitted at all reasonable times'during the Policy period to inspect the premises, plants, machinery and equipment used in connection with the Assured's business, trade or work, and to examine the Assured's books and records at any time during the currency hereof and within one year after final settlement of all claims so far as the books and records relate to any payments made on account of occurrences happening during the term of this Policy. C. CROSS LIA3ILITY. In the event of claims being made by reason of personal injuries suffered by any employee or employees of one Assured hereunder for which another Assured hereunder is or may be liable, then this Policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made .by reason of damage to property belonging to any Assured hereunder for which another Assured is, or may be, liable, then this ?olicy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase Underwriters' limit of liability as set forth in Insuring Agreement II. D. NOTICE OF 0CCPR1ENCE. Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Assured should be held liable, is likely to involve this Policy, notice shall be sent to Johnson and Higgins, 63, :7all Street, New York 5, New York. -5- AID 004733 ilio 0X1X1 PGfj to the '.'ndcrvrri torn for instruction! as soon as practicable,/provided however,'that failure to notify the above first of say' occurrence which at the time of its: happening did, not'appear to involve this Policy, out vhich, at a later late, would appear to give rise to claims. hereunder, shall not prejudice such claims. 3, ASSISTANCE A>iD CO-OPERATION. Undery/riters shall not 'oa called upon to assume charge of the settlement or defense of any clain'made or. suit brought or proceeding instituted against the Assured but Underwriters shall have the right and' shall be given the opportunity to associate with the Assured or the Assured's underli'ing'insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claiia or'huitlinyoiyes, or appears reasonably likely to involve Underwriters, in which event the Assured and Underwriters shall co-operate in all things in the defense Of such claim, suit or proceeding. F. APPSAXS. In the event the Assured or the Assured's underlying Insurers elect not to appeal a judgment in excess of the underlying limits. Underwriters may elect to make such appeal at their cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of Underwriters for ultima.te.net loss exceed the amount set forth in Insuring Agreement II for any one occurrence and in addition the cost and expense of such appeal. G. LOSS PAYABLE. Liability under this Policy with respect to any occurrence shall not attach unless and until the Assured, or the Assured's underlying Insurers, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Underwriters may be liable under the Policy within twelve (1 2) months after the Assured shall have paid an amount of ultimate net loss in excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain either by final judgment against the Assured after actual trial or by written agreement of the Assured, the Claimant, and Underwriters. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity vdth this Policy. H. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Underwriters shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. I. OTHER INSURANCE. If other valid and collectible insurance with any other Insurer is available to the Assured covering a loss also covered by this policy,other than insurance that is in excess of the insurance afforded by this Policy, the insurance afforded by this Policy shall be in excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this Policy subject to the terms, conditions and limitations of other insurance. 6- - AID004734 Inasmuch as this Policy is -'Excsss Coverage'1, ahe Assured's right of recovery against an;- person or other entity cannot be exclusively subrogated to the Underwriters. It is therefore, understood and agreed that;: in case of any payment hereunder, the Underwriters -.till act in concert with all other interests (including the Assured) concerned, in the exercise of su-ch rights of recovery. The apportionihg pf any amounts which nay he so, recovered shall follow the principle.,tha.it; any interest (including the Assured) that shall have paid hn amount' oyer ahd;:aSove any payment hereunder, shall first he reimbursed up to the amount paid by them; the Underwriters are then to be reimbursed out of any balance then remaining up to the amount paid.hereunder; lastly, the interests (including the Assured) ' of Whoa this coverage is in excess are entitled to claim the residue, if any. IXp^nseslttedeS'serjfi; to. the recovery of' any: such amounts shall be t-pportioned betv-eer. the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally settled. K. CHANGES, Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this policy1or estop Underwriters from asserting any right under the terns of this Policy; nor shall the terms of this policy he waived or changed, except by Endorsement issued to form a part hereof, signed by Underwriters. L. ASSIGNIIENT. A.ssignment of interest under this Policy shall not bind Underv/riters until their consent is endorsed hereon. M. CANCELLATION. This Policy may he cancelled by the Named Assured or by the Underwriters or their representatives hy sending by registered mail notice to the other party stating when, not less than ( ) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by Underwriters or their representatives to the Assured at the address shov/n 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 Assured or by the Underwriters or their representatives shall be eauivalent to mailing. N. CURRENCY. The premiums and losses under this Policy are payable in United States Currency. O. CONFLICTING STATUTES. In the event that any provision of this Policy is unenforceable by the Assured under the laws of any State or other Jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. -7- AID 004735 P. SERVICE OF SUIT CLAUSE. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be. due hereunder, Underwriters hereon, at the request of the Assured will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon ' IiEHDES AND MOUNT, 27, william Street, New York, and/or their nominee(s) and that in any suit instituted against any ore of them upon this contract, Underwriters will abide by the final decision of such Court or Of any Appellate Court in, the event of an appeal. The above-named are authorized- and, directed to accent Service of process on behalf of Underwriters in any such suit and/or upon the request of the Assured to give a written undertaking to the Assures that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor. Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance, or other officers specified for that, purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process- in any action, suit or proceeding . instituted by or on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Q. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this Policy that the Policy or Policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full effect during the currency of this Policy except of any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of accidents and/or occurrences occurring during the period of this Policy. -a- AID004736 A&a CHING TO a ND PORmllG p a r ? CF POLICY NO. 59U/ - r ij IS' h _r _.b y uirrmHSTCGB m:D a I-r a is d what Definition S-ULTimATc ssr LOSS; Condition J, SUSKOGAliON; and Condition i. CANCELLATION; shall be deemed to be deleted and replaced by the following: Definition 5. ULl'I--a IL NET LOSS. The term ''ultimate net loss" shall mean the total sum which the Assured, or any company as its Insurer, or both, become: obligated tp1 pay by reason of personal injury or property damage claims, either through adjudication or; compromise.,: and shajl also include hospital, mediedl ...and :funeral dbafjjSB and all sums paid, as ..salaries, wages, ccmper.satior., fees, charges and law costs, premiums or. attachment or appesCL'haiids.,. interest, expenses for doctors, lawyers, nurses and ihyebftsigaijors'.and'other1 persons, and for litigation, settlement, shihs'Ment; ann investigation ;of claims and suits which are paid as a consequence of any occurrence, covered hereunder, excluding only the sflsfies.-df the Named Assured'S or" of' any underlying Insurer's permanent employees. The underwriters shall not be liable for expenses as aforesaid when Sbeh expehses are included in other valid and collectible, insurance. Nothing herein contained shall be construed to mean that the Assured shall be required to enforce by legal action any right of subrogation or indemnity before the Underwriters shall pay any loss for which they may be liable hereunder. Condition J, SUBROGATION. Inasmuch as this Policy is "Excess Coverage", the -.ssured's right qf recovery against any person or other-entity cannot be exclusively subrogated to the Underwriters, It is therefore, understood and agreed that in case of any payment hereunder, the Underwriters will act in concert with all other interests (including the Assured) concerned, in thb exercise of such rights of recovery but the Underwriters shall have no rights of subrogation against any owned or controlled subsidiary or affiliated company of the'Named Assured, The apportioning of any amounts which may be so recovered shall follow the principle that any interest (including the Assured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; the Underwriters are then to be reimbursed out of any balance then remaining up to the.amount paid hereunder; lastly, the Interests (including the Assured) of whom this coverage is in excess are entitled to claim the residue, if any. expenses necessary to the recovery of any such amounts shall be apportioned between the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally settled. Condition M. CAN CELT,ATION. This Policy may be cancelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice to the other party stating when, not less than Thirty (30) days thereafter, cancellation shall be effective.The mailing of notice as aforesaid by Underwriters'or their representatives to the Assured at the address shown in this Polity 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 Assured or by the Underwriters or their representatives shall be equivalent to mailing. In the event of cancellation by (a) the Assured, the earned premium to be retained by the Underwriters shall be calculated at short rate of the flat premium; (b) the Underwriters, the earned premium to be retained by them shall be calculated at a pro-rata premium. A*> 004737 schipuho o? uiiDiiiYi:-! ir iu r a y c l s . C0.-rv. i-;Si. Ill G~hmBAI ~Z.-~si X.-'-C_l j DT- S Au TOi Oi.^.wKS. TRAILERS IKSURAITCA CO..?a :a Covering in. United Sta'ces of America, itc territories or possessions, Canada and Newfoundland. BODILY' I2TJUHY; J .,-1, 000,COO./1,COC,000./1, CCC,3C0. aggregate products j PR0P5RTY DAhAGDi (Automobile.) *>500,000. PROPERTY DAI-AGE: (other than Automobiles) *500,000. *500,000. *500,000. *500,000. *500,000. any one accident, aggregate operations, aggregate protective, aggregate products, aggregate Contractual. BODILY INJURY: *10,000./10,000. PROPERTY DAMAGE; * , .10 000 ) Comprehensive ) General ) liability ) Bodily Injury ) and Property , ) Damage including 1 7/ater Craft. ) ) Contractual,Liability ) Agreement between the ) Atchison Topeka and ) Santa Re Railway J Company and Anaconda 1 Company. iLPRSiBUSIVi: G5N5RAL LIABILITY IKCIL'DISG AUT0M0BIL5S. OOMSBCIAL IRSURAUCU COk'PAlY OR KL7/ARK (Mexico.) BODIIY INJURY: * , ./ , .200 000 500 000 PROPERTY DAMAGE i *50,000. any one accident. ) Comprehensive ) General ) Liability ) including ) Automobiles. *>50,000. aggregate operations. *50,000. aggregate protective. *>50,000. aggregate contractual. l SLViARK INSURANCE COMPANY. Covers remainder of operations outside United States of America,its territories or possessions, Canada, Newfoundland and Mexico with the exception of Russia and Russian controlled countries. BODILY INJURY: *1,000,000./1,000,000. PROPERTY DAMAGE: *500,000. any one occurrence, ) Comprehensive General ! Liability including Automobiles occurrence basis. ADVERTISERS LIABILITY: * , .750 000 -1- AID004738 LLOYD* S ILLINOIS D2JC1 ACT. BODILY-INJURY: v50,000. any one person BODILY I&TJSY: viOO,COG. any one occurrence. M3AKS OP SUPPORT: 3?50 9 OOO. PSOPSKTY DAKAG5: ^ , .50 000 -2- AID 004739 ^mcrntm wrtr ----- tss Jt a&t ?- iv*ta -A '-- ; '* xm. >.* tM W t3t.sa * afesot <4J X/K* ***^ =^L^:-. ^ - s i r - tao^aiecsR o*i 'g e8 w w w *1 i&UUz* i > iXfiia --?* i043e*Jia s^s> a4 -'M i >* *~y * GKBH^nSEEKrgfiSEWSEflOTSaa AID 004740 > a# ms - J*. si'-'- fjr- - -- V- 1 - 2>.;.#r **-* :3 AKJJi yiSnear *** , r-i-tt si-i- giic*t am mam *4 * SE* -- A Y~A ^ awaMK*!**tts3** p . AID 004741 'H, ?. * D. LTD. Date:- 4th ycverrber, 195^ Sndorsement to be attached tc and. fcrrr part cf cCi-'C!T'*?'3) Policy No. j,635 SAKS OF ASSURED: THE ANACCTDA CCI5AFY 4 OTHERS. It is hereby doclared and 3greed that with effect from the 7th July, 1956 the Anaconda'Company will engage in the manufacture cf aluminium foil for use as food wrapping etc, :it being noped that the operation will be conducted under the name cf Cochran Foil Ccrpn. ; and the indemnity by this policy IS extended to apply accordingly. Subject, Otherwise to all the terms, conditions and limitations of the policy. In witness whereof I, being a representative of the Leading Company and authorised by the said Company, and by all other Companies appearing hereon, to sign this endorsement bn their behalf, have hereunto subscribed my name this day of 19 COMPANY, English & ADerloan Insurance Co* Ltd., Orica Insurance Co. Ltd., ) Drake Insurance GO. Ltd., 1 Sphere Insurance Co. Ltd., ) United Standard Insurance Co. Ltd., POLICY REF: 107/961h0 OC 9931U.L 250011/7 / / s j v /j ix AID 004742 Date.-- IGtr. June, Endorsement to be attached to etc ferr.: part or Combined Policy at, 4-533 ITA.-.E DP ASSURED:- IKE A-IACOSDA CCArArj, and others. It is hereby declared and agreed that the exclusion of Aircraft Liability: under this policy shall, not be, held to climate Coverage for Aircraft, Products Liability as. this coverage is afforded by the primary insurance. It is also declared and agreed that notwithstanding anything contained in the policy to the contrary the tern: "occurrence" means an event or a continuous or repeated exposure to conditions which unintentionally causes injury, damage,,: or destruction during the policy period* Any number of such injuries, damage ,or destruction resulting from a comacn cause or from exposure to substantially the same conditions shall be deemed to result from one occurrence. It is also declared and agpeed that the term "Products Hazard" means:- 1 (1) goods or products manufactured, sold handled or distributed by the named Assured or by others trading under his name, if the accident occurs after possession of such goods or products have been: relinquished to others by the named Assured or by others trading under hid name and if such accident Occurs away from premises owned, rehted, or controlled by the named Assured or on premises for which the classification stated in division (a) of the: declarations excludes any part of the foregoing; provided, such goods or products shall be deemed to include -any container thereof,, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold; (2) operations, if the accident occurs after such operations have been: completed or abandoned and occurs away from premises: owned, rented, or controlled by the named Assured; provided, operations shall r.ot be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to afl agreement; provided: further, the following shall not be deemed to be "operations" within the meaning of this paragraph: (a) Pich-up or delivery, except from or on to a railroad car. (b) maintenance of vehicles owned or used by or on behalf of the Assured, (c) the existence of tools, uninstalled equipment and abandoned or unused materials and (d) operations for which the classification stated in division (a) of the declarations specifically includes completed operations. 'IM c ont inued AID 004743 All o'ther tar-is and conditions remain 'ar.ohar.ied. In. witness whereof I, being a representative of the Leading Company' ana authorized by the said Company, and by all other Companies appearing hereon, to Sign, this endorsement on their behalf, have hereunto subscribed my name this day of 19 CCt-iFAffY. English & American Insurance Co, Ltd,, Cricn Insurance j O, L td,, ) Lr3-:e Insurance Co, Ltd., ) Sphere Insurante Co, Ltd., ) United Standard Insurance Co. Ltd., FC1ICY HE?. 1C7/5S1LC CC/9I51LL 2;CCll/7 SC'.V/CL AID 004744 W. F. & D. LTD. Endorsement No. N. Date 1 X tfc April# lj^u* to be attached to and form part of Combined Policy No. Na me o f a s s u r e d : ?aAca.a\ ccas'vB .Ny-'.a it s farms'S .i-aciw:a .v ib :jtf*4X,vi;r cctu'vOfi a ; a* ' <xa.-/nr-jrsi ca *: a -EH-aa-ipr-a *w vs C3 via UXJ.VA1 a.ep-v?T a.' v:di.^a e&w*-at.viv:: t-tU[t) D i.rihl ".u. : :t la itetdbs dselsral sad sarooi lto actual rt*oo 'ell U'7 Stwt too iiajaot of Uva nodorlyinr! ia*onea la rcopaat esS Adssrtlooro -lability la lacroaooJ to U. v-*'' 'll otoor taro* oandiliana sad lteitatloco of tolo polio? fflnla AAltorod* la witness Thereof I, being a representative of the Leading Company and authorised by the said Company, and by all other Companies appearing hereon, to sign this endorsement on their behalf, have hereunto subscribed my name this day of 19 COMPANY. POLICY REF. AVUlto a vtarlooa laoamnoo Co*Ltd, &7/J&U& Orion Inaggaaoo Co.* Ltd.* craeo Intsiranoo Co., Ltd*. ophap laaareaoo Co., Ltd.. ) ) OCTOSih U J uoltod 'tatvlaril Xaowoneo Co^td. 25XJJU/7 PROPORTION OF PREMIUM. J / 'J WI7(t) AID 004745 W.F. d D. LTD., LONDON. Date:- 3rd September, 1957 THIS ENDORSEMENT is to be deemed to be embodied in and form part'of the original Policy numbered 594A6J5. and should be attached thereto. NAME OP ASSURED: THE ANACONDA COMPANY AND/OR ITS AFFILIATED, ASSOCIATED AMD SUBSIDIARY COMPANIES AS NOW CONSTITUTED. OR AS MAY HEREINAFTER BE ACQUIRED OR CREATED AND INSPIRATION CCITSOLIDATED COPPER COMPANY AND WARRIOR COOPERATIVE MERCANTILE COMPANY AND BUTTE COPPER AND ZINC COMPANY. ^PECTIVE_8th_February, 1_957. IN CONSIDERATION of an included additional premium such insurance as is afforded by this Policy is extended to cover the Anaconda Wire and Cable Co., as an additional Assured, it being understood and agreed that in respect of the above mentioned additional Assured only Exclusion (f) of the Policy shall be deemed to be inapplicable. ALL OTHER TERMS AND CONDITIONS OP THIS POLICY REMAIN UNALTERED. AID 004746 a t t a c h in g 10' a h ? f o r c in g p a r t o f p o l ic y n o . bUVhGi;, Name d Assured': -- iiil 'Aj . i W4 i. . | , I,ltj .- J ..V a .`X* *J>* * 4>-^ *-., J.'.: il v wtv W . A- ---k .<W-V*ij - *lv* .1. ..*) v>.\ -- --li . X- w*,`X*w aI.'I* ^..j sAJ. *m2 2`---...ixL.JO.. JC'U-i (>, V . . -**- ** # >*'414* t *U< ^ tl-i4*M (hereinafter called tie "Named Assured"). INSURING- AGREEMENTS I. COVERAGE. Underwriters hereby agree, subject to the limitations, terms and conditions hereafter mentioned, to indemnify the Assured for all sums which the Assured shall be obliged to pay by reason of the liability imposed upon the Assured by law or assumed by the Named Assured under contract or agreement, for damages, direct or con sequential, and expenses all as more fully defined by the term "ultimate net loss", on account, of personal injuries, including death at any time resulting therefrom, and property damage, caused by or arising^outj^of^each^pficurrence happening during the Policy II. , LllIT OP LIA3ILITY - Underlying Limits. Underwriters hereon shall only be liable for the ultimate net loss the excess of U.S.0 in an in respect of each occurrence, but as regards Products Liability U. S.0 100*000. * in the aggregate for each annual period during the currency of this Policy which in turn pays the excess of either 1. the amount recoverable under underlying insurances as set out in the attached Schedule, OR 2. U. S.# ultimate net loss in respect of each occurrence not covered by said underlying insurances (all hereinafter called the "Underlying Limits"), and then only up to a further U. S.^ 4Q0tX)0. li/vi rw U. 3. jB * j_n a^i in respect of each occurrence, subject in respect of Products Liability to a limit of in the aggregate for each annual period during the currency of this Policy. The words "each annual period" shall mean each consecutive period of one year commencing from the effective date of this Policy. In the event of reduction or exhaustion of the aggregate limits of liability under underlying insurance by reason of losses paid thereunder, this Policy shall: (1) in the event of reduction pay the excess of the reduced underlying limit; (2). in the event of exhaustion continue in force as underlying insurance. The inclusion hereunder of more than one Assured shall not operate to increase Underwriters' limit of liability. -1- a i d 004747 1 . AS5UP.5D: The unqualified .word '.-.toured', wherever used in this Policy, iCcl-udles hot only the Named Assured cue also-.- C=) any officer, director, stockholder or employee of the Named. Assured, while acting in his capacity as such, (b) any person, organisation, trustee or estate to v;hcm the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded' by this Policy, bub only in respect of operations by or on behalf of the Named Assured or Ob facilities used by the Named. Assured; (c) with, respect to any automobile owned by the Named Assured or .hires'for use on behalf of the Named Assuredor to any aircraft hired for use on behalf of the Named Assured, any person While using such automobile or aircraft and .any person or organisation legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the Named Assured. The Insurance extended by this sub-division (c), with respect t:p any person or organisation other than the Named Assured., shall not apply - 1. to any person or organisation, or to any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; 2. to 'any. manufacturer of aircraft, engines or aviation accessories, or any aviation sales or service or repair organisation or airport or hangar operator or their respective employees or agents, with respect to any occurrence arising out of the operation thereof; 3. to any employees with respect to injury to or the death of another employee of the same employer injured in the course of such employment in an occurrence arising out of the maintenance oh use of an automobile or an aircraft in the business of such Employer; U. with respect to any hired automobile or aircraft, to the owner thereof or to any employee of such owner. 2. PERSONAL INJURIES. The term '''Personal Injuries)' wherever used herein, shall include, but not by way of limitation; ''Bodily Injury, Mental Injury, Mental Anguish, Shook, Sickness, Disease, Disability, False arrest. False Imprisonment, False Eviction, Detention, Malicious Prosecution, Discrimination, Humiliation, Invasion, of right of privacy, Libe1,Slander or Defamation of Character; also. Piracy and any Infringement of Copyright or of property or aontract rights committed or alleged to have been committed in the conduct of the Assured's advertising activities." -2" AID004748 it is understood and thread, he-ever, that with respect to advertising activities' this Policy shall not apply to claims egainst the Assured; 1. For failure of performance of contract (but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of implied contract). 2. By advertising agent? of the Assured. 3. For infringement of trade-mark or trade-name by use thereof as the trade-mark or trade-name on goods as advertised. : b. For incorrect description of any article or commodity. 5. For mistake in advertised price. She term "Property Damage", wherever used herein, shell include, but hot by way of limitation, damage to or destruction or loss of property excluding however, damage to property owned by the Named Assured.. b. ocoqpjaNCB. The term "Occurrence", wherever used herein, shall mean one happening or series of happenings, arising out of or due to one event taking place during the term of this Policy, 5. TILT HATS NET LOSS. The term "ultimate net loss" shall mean the total sun which the Assured, or any company as his Insurer, or both, become obligated to pay by reason of personal injury or property damage claims, either through adjudication or compromise, and shall also include hospital, medical and 'funeral charges'and all sums paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the.Named Assured's or of any underlying Insurer's permanent employees. The Underwriters shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance. 6. AUTQNOSILS. The tern "automobile" wherever raed herein, shall mean a land motor vehicle, trailer or semi-trailer. 7. AIRCRAFT. The term "aircraft", v/herever used herein, shall mean any heavier- than-air or lighter-than-air aircraft designed to transport nersons or property. . -3- AID004749 5. PHCDUCT5 IIJ-LIV-:. The tern ''products liability-' means (l ) liability arising out of the handling or use cf, the existence of any conditio:', in cr a warranty of goods or products manufactured, sold, handled, or distributed by the Named Assured, other than equipment rented to or located for use of others out not sold, after the Named Assured has relinquished possession thereof to others and away from, premises otynsd, rented or controlled1 by the Named Assured/ (2) liability arising from operations, if the occurrence occurs after such operations have been completed or abandoned at the place of occurrence thereof and. away from premises owned, rented or controlled by the Named Assured, except (a) pick-up and delivery, (b) the existence of tools, uninstalled equipment and abandoned dr unused materials; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to a service of maintenance agreement. The term "each annual period" shall mean each consecutive period of one year commencing from the inception date of this Policy. THIS POLICY IS SP3JSCT TO TK5 FOIXO^ITO- SECLUSIONS: This Policy shall not apply, except insofar as coverage is available to the Assured under the*underlying insurances set out in the attached Schedule. (a) to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for personal injury or Death resulting from any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft; (b) to claims made against the Assured; (i) for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof nor for the cost of such repair or replacement; (ii) for the loss of use of any such defective product or products or part or parts thereof; (ili) for improper or inadequate performance, design or specification. (o) except in respect of occurrences taking place In the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in oonseouenoe of war, invasion, acts of".foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. AID 004750 (d) '.7ith respect to any Aircraft. (e) to any obligation for which the Assured or any Company as its Insurer nay be held under any ' Yorkmen's Compensation, Employer's Liability or QccucationsI: Disease Law provided, however that this" exlusidn does not apply to liability of others- assumed, by the Named.'Assured under- .contract or agreement. (f) to liability arising from damage to or destruction of property under the Assured's care, custody or control. THIS POLICY IS 5P3JBCT TO THE FOLLOWING CONDITIONS A. PRSKIPh. The premium for which this Policy is issued is a flat premium and is not subject to adjustment on expiry. B. INSPECTION AMD AUDIT. UNDERWRITERS shall be permitted at all reasonable times during the Policy period to inspect the premises, plants, machinery and equipment used in connection with the Assured's business, trade or work, and to examine the A.ssured's books and records at any time during the currency hereof and within one year after final settlement of all claims so far as the books and records relate to any payments made on account of occurrences happening during the term of this Policy. C. CBOS5 LIABILITY. In the event of claims being made by reason of personal injuries suffered by any employee or employees of one Assured hereunder for which another Assured hereunder is or may be liable, then this Policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder for which another Assured is, or may be, liable, then this Policy shall cover such assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase Underwriters' limit of liability as set forth in Insuring Agreement II. D. NOTICE OF OCCURIENCE. Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages '..'iiich, in the event that the Assured should be held liable, is- likely to involve this Policy, notice shall be sent to Johnson and Higgins, S3, Nall Street, New York 5, New York. -5- AID004751 who ahrll refer to the Underwrl tom for instructions as soon as practicc'cla,/provided however^ that failure ip' notify the aodve firm of any occurrence `.;hich at the time of its happening did not appear to involve alls Policy, out vfaich, at a later date,, would appear to give rise to claims: hereunder, shall not prejudice such claims. 3. ASSISTANCE ATO CO-OPERAT 103. Underwriters' shall not be called;,: upon to assume charge of the settlement or defense of any claim fade cr suit brought or proceeding instituted against' the Assured but,:Underwriters .shall have the. right and shall helgiyfen the opportunity to associate with, the Assured or the AB'sured'i^liMbrlling'.X'n^n^Sns,: or both, .in the, defense 'and control of any claim, shit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to Involve, in.vWhich:;ev4ni the Assured and Undervrl ters shall oo-operate in all things in the defense of such claim, suit or proceeding. ' ?. APPEALS. In the event the Assured or the Assured's underlying Insurers elect not to appeal a judgment in excess of the underlying limits, Undervcriteije may elect to make such appeal at their cost and expense, and 'anall1 be liable for the taxable costs and disbursements and interest .iAeldental thereto, but in no event shall the liability of Uhtterfrii'ers for ultimate net. loss exceed the amount set forth in Ins'tiding ilAgreement II for any one occurrence and in addition the cosb'ihd1 expense of such appeal. G. lOSS PAYASLE. Liability under this Policy with respect to any occurrence shall not attach,unless and until the Assured, or the Assured's underlying Insurer^. Shall have paid the amount of the- underlying limits on account of such occurrence. The Assured shall malts a definite claim for any loss for which the Underwriters may be liable under the Policy within twelve (i 2) months after the'Assured shall have paid an amount of ditimate net loss in excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain either by final judgment against the Assured after actilhl trial or by written agreement of the Assured, the Claimant, and itfnd,pwriters. If any subsequent payments shall be made by the Assured on account of tue same occurrence, additional claims shall be, maide1;':,Similarly from time to time. Such losses shall be due and payajble, Witiiln thirty (30) days after they are respectively claimed and proven in conformity with this Policy. H. BANKRUPTCY AITD INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Underwriters shall not be relieved thereby of-the payment of any claims hereunder because of such bankruptcy or insolvency. I. OTEER INSURANCE. If other v^lid and collectible insurance with any other Insurer is available to the Assured covering a loss also covered by this policy,other than insurance that is in excess of the insurance afforded by this Policy, the insurance afforded by this Policy shall be ih excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this Policy subject to the terms, conditions and limitations of other insurance. -6- AID 004752 SULRCGATIon. Inasmuch r.s this Policy is -'Exassr Coverage1', ths Assured's right 0f recovery against an;- person or other entity cannot, be exclusively subrogated to the Underwriters. It is therefore, understood and agreed that in case1 of any payment. hereunder, the Underrriters tall act,4a concert with all other' interests, (including the Assured) ccnherned, in the exercise ,p such rights of recovery. The apportioning of ary amounts which nay be so recovered shall follow the principle tiiat any interest (including the Assured) that shall have paid: ,hrs. tunobht oyer and', above any' payment hereunder, shall first be reijtbur'seti u to tho mount paid by then; the Underwri ters are. then to be. reiniburheci blit of any balance then regaining up to the: amount paid hereunder; lastly; the interests (including the Assured) of whom this coverage is in excess are entitled to clair.: the residue, if any. Expenses necessary to the recovery of any suoh amounts shall be apportioned between the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally settled. X. CHANGES Notice to or knowledge possessed by,any person shall not effect a waiver op change in any part of this policy or estop Underwriters from asserting any right under the terns of this Policy; nor shall the terAs of this policy be waived or changed, except by Endorsement issued to form a' part hereof, signed by Underwriters. L. ASSIGHHEWT. Assignment of Interest under this Policy shall not bind Underwriters until their consent is endorsed hereon, M. CANCEL!.ATION. This Policy may be cancelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice to the other party stating when, not less than ( ) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by Underwriters or their representatives to the Assured 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 Assured or by tlie Underwriters or their representatives shall be eouivalent to mailing. N. CURRENCY. The premiums and losses under this Policy are payable, in United States Currency. O. CONFLICTING STATUTES. In the event that any provision of this Policy is unenforceable by the Assured under the laws of any State or other Jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall he enforceable by the Assured with the same effect as if it complied with such Statute. -7- AID 004753 P. SERVICE OF SUIT CLAUSE. It is agreed that in the event: of the failure of Underwriters, hereon to pay any amount claimed to be due hereunder. Underwriters hereon, at the reouest of the Assured will submit to the jurisdiction of any Court of competent jurisdiction within the United States and. will comply with, all, requirements necessary to give such Court jurisdiction and all matters arising hereunder shall he. deterniihed in accordance with the lav/ and' practice of such Court. It is further agreed that service of process in such suit may be made upon ' {EJjnSS AND MOUNT, 27, ./illiam Street, New York, and/or their nominee(s) and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court dr; pf : any Appellate Court in the event of an appeal. The above-named are authorized and directed to accent: service of process on behalf of Underwriters in any such suit and/or upon the ragtihstlof; the Assured to give a written undertaking to the Assureij: thati they will enter a general appearance upon Underwriters' behalf in the event such a suit shell be instituted. Further, pursuant to any statute of any state, territory or district of the; ifei#! States which makes provision'therefor. Underwriters herein her^li/ designate the Superintendent, Commissioner or Director of IhSufehpd or other; officers specified for that 'purpose in the statute;,:: OP; his successor or successors in office,, as their true and iiawfdli. dtporne/ upon whom may-be served any lawful process in any action, suit or proceeding instituted by or on behalf of the A s suited/pr; any beneficiary hereunder arising out- of this contract of. insurance, and'hereby designate the above-named as the person to 'said;iqfficer is authorized to mail such process or a true copy thereof. Q. MAINTENANCE OF UNDERLYING- INSURANCES. It is a condition of this Policy that the Policy or Policies referred to in the attached `'Schedule of Underlying Insurances" shall be maintained in full effect during the currency of this Policy except cf any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of accidents and/or occurrences occurring during the period of this Policy, -8- AID 004754 a t t a c h in g IC. a n d ?c s ...i ::g Pa r t o f p o u c y n o . 39u/ - IT IS H_H-3f UND-milCO3 <CTD that Definition p.CLIIi**!:- SST LOSS; Condition J. SUBROGATION; and Condition k. CANCELLATION; shall be deemed to be deleted and: replaced by the following: Definition 5. UL-I--al-. NET LOSS. She tern "ultimate net loss" shall mean the total sum which the Assured, or any company as its Insurer, or both, become obligated to pay by reason cf personal: injury or property damage claims, either through adjudication i: or compromise, and, shall also include hospital, medical and funeral charges and, qll sums paid as salaries, wages, compensation, fees, charges and law costs,, premiums or. attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators and, other1'persons!,1 and for litigation, settlement, adjustment and investigation of claims and suits which, are paid as a consequence of any occurrence, covered hereunder, excluding only the salaries of the Naned Assured's or of any underlying Insurer's permanent employees. The Underwriters shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance. nothing herein contained shall be construed to mean that the Assured shall be required tc enforce by legal action any right of subrogation or indemnity before the Underwriters shall pay ary loss for Which, ^gy ri;2y be liable hereunder. Condition J. SUBROGATION. Inasmuch as this Policy is "Excess Coverage", the .-.ssured's right of recovery against Any person or other entity cannot be exclusively subrogated! to the Underwriters. It is therefore, understood and agreed that in case Of any payment hereunder, the Underwriters will act in concert with iall other interests (including the Assured) concerned,1 in the exercise of such rights of recovery but the Underwriters shall have no rights of subrogation against any owned or controlled: subsidiary or affiliated company of the Named Assured, The apportioning of pny amounts which may be so recovered shall follow the principle, that ary interest (including the Assured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; the Underwriters are then t;o be reimbursed out of any balance then remaining up to the amount: paid hereunder; lastly, the interests (including the Assured) oif whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such: amounts shall bp apportioned between the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally! settled. Condition M. Ca N OSLLATION This Policy may be cancelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice to: /the other party stating when, not less than Thirty (30) days1 thereafter, cancellation shall be effeotive.The mailing of notice as aforesaid by Underwriters or their representatives to the Assured 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 pf such written notice either by the Named Assured or by the Underwriters or their representatives shall be equivalent to mailing. In the event of cancellation by (a) the Assured, the earned premium to be: retained by the Underwriters shall be calculated at short irate of the flat premium; (b) the Underwriters, the earned premium to be retained by tha.. shall be calculated at a pro-rata premium. ATD 004755 co;3?.z:s:T5i AUTO:"OI.l LE3. TRAVELERS IUSURAUC-: 00;.PAITY Covering is United Swtes of Arorica, it: territories or possessions, Gan ad and Newfoundland. BODILY lUCT.-RY:. *1,OOQ,000,/l,000,000./1,000,000. aggregate produ; PROPERTY DA-AGE: (Automobile.) `oOOO , 000. PROPERTY DA.AGS: (other than Automobiles) *500,000. *500,000. *500,000. *500,000. *500,000. any one accident, aggregate operations, aggregate protective, aggregate products, aggregate Contractual. Comprehensive i General Lia'oili ty Bodily Injury ) and Property ) Damage including ] Water Craft. i BODILY IHJUKY: *10,000./10,000. PROPERTY DAZAG5; *10,000. ) ) Contractual Liability ) Agreement between the i Atchison Topeka and ) Santa ?e Railway ) Company ar.d Anaconda l Company. cotTPREHEUsrvE g e n e r a l l ia b il it y ik c ie d ir g a u t o h o b il e s . COIEIERCIAL INStT-s-CTCE COKPAYY OP EEnfARK (Eexlco.) BODILY IKJURY: *200,000,/500,000. PROPERTY DAYAGE: *50,000. any one accident. i } Comprehensive ) General ) Liability ) including ) Automobiles. *50,000. aggregate operations. *50,000. aggregate protective. *50,000. aggregate contractual, i HBT/ARK INSURANCE COMPANY. Covers remainder of operations outside United States of America,its territories or possessions, Canada, Newfoundland and Mexico with the exception of Russia and Russian controlled countries. BODILY INJURY: *1,000,000./-1,000,000. PROPERTY DAHAGE: *500,000. any one occurrence. Comprehensive General Liability including Automobiles ioccurrence basis. ADVERTISERS LIABILITY: *750,000. -1- AID 004756 ILLINOIS 35-a-'.; ACT. BODILY INJURY: v50,OCO. asy one person BODILY INJURY; vl 00,000. any one occurrence. IILAHS' OF SUPPORT: v50,000. PRDP5RTY DAI1A.G3! &50,ooo. -2- AID004757 __ rca AKXX2iSSD AGSOCXAIEO* AIH3 SUBS1DIASX mg a b a c o u d a Hmmigr3t h a ACUJiagn q k Caj'ASI.SO Ao -*cy S^TTM^rrma'IU t -a i-c t COFPSa OCL-tAUY A^B AAHRIOE A OU. Vatt*, taotan*. par aord-lag ottochod fc*r*t atl* 1 to b* -v-^ as foratng ** *** P14* gtt Ortobar, 57 IjtH Ogtobar. 59 oarigAJi.|*ii ii'TMj ^ '-- a^4. OJIXXtO S9VM33* 57 vLtblBIS AID 004758 T.-..w rnn^.:.T .-y iil lu XHj arc area, t4.634 2.il39 3|'t m *133 A,,arto*a namatca aauMst UBPffl. (oaiaB issausat fJHiWBT u k c s b - 6&t (Utti USOSAE* OUPtHT LMTEKD - 17fci (apusu ibs u bas c j oamuix Mnnsa - t7fc oaus 3*J20UU) imgaMKS OOUWCC - - saanaju *JW<> OTt T Ps* pso 'zojsxaqi psymyysqns sq tfa* nSJBzntor aa ipni sin *9o t p*o * psqvrti* j try amid* yjsjyn rn, spxai n* oja^ *jaaaan ^3c d ^o o o sip inpi yasysysnoeiry W gr/Fin:" . j o j t b o y Bin,, poi o% pecoap sq TP"!* as* sin 9u lines potpsyya sin T zosdd* .MsvpasxspoQ #tn spns oin j o a o j o is s pas S*a>ir **S *5! Sb o s t d v t <i xi i --fot3 pstpstys Soysotioj siO jo oguyapozd aift ay yoofqas ay jortod TITS I>-v AID 004759