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HomeMy WebLinkAboutR-90-0214RESOLUTION NO V . 0-0AI14 A RESOLUTION APPROVING THE USE OF CERTAIN STREETS IN DOWNTOWN MIAMI DURING THE JUST SAY NO INTERNATIONAL CELEBRATION TO BE CONDUCTED BY INFORMED FAMILIES OF DADE COUNTY, IN:. ON MAY 10, 1990, SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION ,SERVICES: AUTHORIZING THE POLICE DEPARTMENT TO CONTROL TRAFFIC FLOW AT THE PORT OF MIAMI ENTRANCE AS A PEDESTRIAN CROSSING; FURTHER CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES IN ADVANCE AND THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. In order to effectuate safe passage and establish a pedestrian crossing in connection with Just Say No International Celebration to be conducted by Informed Families of Dade County, Inc., the following streets are hereby partially closed to through vehicular traffic Thursday, May 10, 1990 as specified below: MORNING HOURS 9:00 A.M. to 10:00 A.M. AFTERNOON HOURS 12:30 P.M. to 1:30 P.M. FEC Property to Port of Miami to Easternmost (northbound) lane of Biscayne Boulevard into Rayfront Park Amphitheater. Included in the herein closure are all streets, avenues, alleys, ways and thoroughfares which intersect the enumerated areas delineated in this Section. Section 2. Such closing of streets is subject to State approval and the issuance of permits by the Departments of Police and Fire, Rescue and Inspection Services. The use of streets in Downtown Miami during the hours and times specified in Section. 1 is hereby approved subject to the exercise of complete control over such by the Department of Police after giving all due consideration to the safety and traffic needs of residents, businesses, and religious institutions in the area for entering CITY COMIffiSS1014 MEETING OF MAP 8 5990 Rf:SULUIIJ �u -2 1 4� !1 l f t' 4 . �' 1` l -n d 1 9 [> f") it i ". fl n \.' f') f ` ` ) l exercise oaf. the (' _ty Manag rr'S ju(Ig(-me*)t. prcr7J.cate+-] 1_1pon -11 Factors set forth herein. Section 3. Such use of streets is hereby conditioned upon the organizers obtaining insurance requirements as mandated by the City of. Miami and paying for all costs of City services associated with said event. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this Sth day of ` March 1990. XAVIER L. SUAREC,, tAYOR ATTEST- MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: l JO L. F ffRNANDEZ CITY ATTORIIJEY M14 33 2- 90— 214 Im Omer-M FREBIDE'Rf Robert, W. wells, F.sq. IMHBDIATN FAST FREMDERT Richard M. Falbinson. MD. VICE FR)MMEN", Fernando FUpAradc Shelley Kruse Sharon Leiria NARY Joy Claussen. CORREMNDIFU aCCRCTAR; Eyre R4.AS TREASURdR H. Bruce EUVdnn 103CLi CUTIVE DIRECTOR Peggy B. Sam BOARD OF DnulcmRs Ronne Bermont Tom Cash Hager (.Navas Albers Dotson, Jr. SIM Dubois ]dare Eaton DennIs Feat Aldo Flertes KennIM Fries Betty Ann Good Qundrslla Hamad Edward Henna. Jr. Owen Henderson. M Miriam Hinds Betty Ludt N=7 Btu" David flume Elena J&ubowios Marlene Jotefmberg Nasty L aslre Robert Uazyk Cheri Lynn Rosenthal Mama Winders Berta Souio 1➢r. Beau O'Sullivan Director Fred Ttyior Fllen Thompson Carey wotmon Mary White Jov i+�uUaa•,a ADVISORY BQARD Senator Robert Gramm mm Latta bout all PVW-h& td O. capon. Jr. Alvah U. Chapn art, Jr. T. Willard Pair Jowph Pernandet, PhD. H.C. Henry, Jr. Idlchrrel KABY Judge Tore FVAreon Richard S. Piumer Aaron Pudhurw- EK Hou. Janet Reno Hows,rd tluxsi William C. awkha. MD. Dorot$+ W"var Dale Webb Informed ® . es Helping kids grow up dnig-free. February 20, 1990 Mr. Cesar H. 4dio City Manager City of Miami 3500 Pan American Dr. Miami FL 33133 Dear Mr. Odio: Each year Just Say No International selects one city to host the Just Say No Walk. This year Miami has been selected as the site for the walk. Informed Families, along with the City of Miami, Dade County Public Schools, and Metro Dade Police will be co -hosting this event in Miami's Bayfront Park on Thursday, May loth from 10:00 AM to 1:00 PM. Over 7500, 4-6th grade students will walk from parking lot 24 at Biscayne Boulevard and 8th street and attend a rally where national celebrities will encourage them to continue their commitment to lead a drug free life. "Just Say No" pledge contest winners from all 50 states will attend the walk with their families. Additional Just Say No Clubs from throughout Florida and several other states will send students to join us. We are proud that Miami was chosen to host this national event. In support of the nation's war against drugs, citizens of Dade County have united in their efforts to transform the image of this city from drug capital of the world to the pig Pr eytjitj,gn Capital of the world. q0 —/ QZW &rluttl D&A&Iand &nilevar& 8Wtrt bO9. Ml&ml_ X1ar lda 331 M . t3081 670-4 86 * : ( ) 67D-gm 00-0214 Page 2 February 20, 1990 Mr. Cesar H. Odio City Manager City of Miami We believe the national media involved in this great event will further this purpose. I would like to respectfully request a personal appearance before the City Commission at their first meeting in March. Thank you for giving this request your consideration. Very truly yours, Yam. -Y ci4a4z� Ileana Acosta Chairman/Just Say No Walk Copies to: Honorable Mayor Xavier Suarez Honorable J. L. Plummer Honorable Victor De Yurre Honorable Miller Dawkins Honorable Miriam Alonso Mr. Aurelio Perez Lujones Legal Adm./City of Miami -21 -.} Aft 1, %* �� 0 � U I _ 2 WS September 25, 1989 Peggy Sapp Informed Families of Dade County 9200 S. Dadeland Blvd., Suite 509 Miami, FL. 33156 Dear Peggy: As you know, the "Just Say No" Walk Against Drugs is held the second week in May in hundreds of communities across the country. Each year one city is selected to -- host the National "Just Say Noll Walk. Last year it was Chicago, the year before Washington, D.C. "Just Say Noll International is considering Miami as. the site for the 1990 National lax Walk, to be held May 10. We would like to invite Florida Informed Families to consider serving as host. Holding the National Walk in Miami would focus national and local media attention on the positive efforts of Florida Informed Families and other organizations to prevent the spread of drug abuse among young people in South Florida. The responsibilities of the host organization include: o Selecting an appropriate site for the Walk and rally o Arranging for the attendence of 25,000 local children o Securina necessary permits and insurance o Making necessary contacts with city officials, police, and community organizations. Working with the local host organization, "Just Say No" International plans the program, invites celebrities and political figures, and arranges media coverage. Please let us know by October 15 if you are interested. Feel free to call me if you hove any questions. We would be happy to provide any additional information your board needs to consider our offer. IGC/mj Best regards, Ivy G. hen EXP_CU e Director _.... .._ _.,�R.. I— V. _ 3_ rot. Ettr TN( AiST SAY NO Kh NOMICYN SUESTANC( A6USf "(0-T ON t101,41tM3 rot YOUNG 10-Lf HONORARY CHAIRMAN NANCY REAGAN BOARD OF OIRICTCII CHAIRMAN W WAttACE AI807.1 FIOCTFI 1, GAM90 tt[T IMIT S ALSTON CITICORP SAVINGS IN WUN ON AID .,DONALD CHILDVFN'S CHM"IRS JACK 6tIGHAu NEWIETT.FACKAtD CO MAYOI HENIY CISNfIOS SAN ANT ONTO SUSAN CIANK OCEAN PACIFIC 6[ACNWEAR CHt4 MIT WOMEN S INTEINATK>NAt T[NN6 ASSN DEW FIELDS MES FHIDS COOKIES CHAttf$ GAR AtD GENERAL MRLS INC DOv M GRUNSCIUAG ESQ ST[.NHA►T 1 FAtCONff I, TOYA JACKSO" ENIEITAurf1 61,t KEAING OCTton NfnvS AGENC ` THOMAS i I[AHY CES NC A(tNA .i7t 6 C•i�A;'Y CO DAw* •HriIRS AI1Htic ANDEtSfN i CC Ht*.AN tjsS f'I/}n AS-NOCIATti Aw: ,oN ,••,C lot S♦NIEK.A60t A1061' ,NC 2tGG'E W4t114.f C."_,At. C�'• C�JNCi; [.Fvlr 1 W/IWn� rE tS �C C: IN C EKICUTIVE CNRICTOR ICY G COH{N vice ►RESIyt NT Foe (GIvikoomiHT 6•✓,iA0fl1 Gt Ntl w. e06EKT .^-CN.IAG.iS 8 1. S AAN r IW 90214 :+N •Gk: .� r OWN INWRANCE COMmNY " dr Cb�+ S' 1 �C Commercial Package Policy RE:I 1iAL OF 29940-04-98 COMMISSxAIQ----- - -- -. . ? RP GL u1s 2 15 0473 121 3 17.5 17.5 15.0 SICK $74$-00-2 Common Policy Declarations Named Insured and Mailing Addr"s Policy Number `JUST SAY DO" INTERNATIONAL 299 00 33 27 1777 N. CALIFORNIA BLVD. r =1= 210 WALNUT CREEX, C1 94596 In return 1^r the payment of the premium.. and suolect to all terms of this policy, we agree with you to provide the insurance as Stated in this policy. Policy Period: from SEFTEIGER 25, 1989 TO SEPTEMBER 25, 1990 at 12:01 A.M. Standard Time at your mailing address shown above. Trip Named Insured is a(n): CORPORATION Business Description: L'ON PROFIT ORGANIZATION Producer GEORGETOWN IRS. SEF.YICES, INC. 6110 EYE=IVE BLVD. DTE 906 EE ROCUILLE, MD 2` 652 0rTi 11 Total Premium AT INC;.PTIOAi , $5, 990 • 09.32 CIGA SORCHAR i Forms completing the Common Policy Declaration: AIL, 02 07 86, ACP 01 07 86, ACG 01 07 86, ACU 01 07 86, IL 00 21, ,AIL 51 06 88, AI:. 03 #1 In witness whereof, we have issued this policy, signed by the Presicent and Secretary, but it shall net oe vaiid unless countersigned by our duly authorizec representative. (j/J II �„�r,�y rYS,pCnt TEA. 26 -SE.P -89 CPS �`, i•ig t0 _ _ -- ____ _ k,ritW.SYC F:. ^rwnu.i. :+au 2 AIL 01 04 86 COMMON' POLICY DECLARATIONS G•` 0 CEia _Page 2 of 4 hlt 5106 88 .._.._....... __ _. so.t JAN cS ' W-13:60 GEORGETOWN INS WASH 01 FAX# : NAME: OFFICE: Total N of Pages: (Including this) Date: I"-�3-�D Operator: �aa, P.2/15 GeorgetOWn insurance Service, Inc. 6110 Executive Blvd., Suite 906 Rockville, MO 20852 (301) 231-0600 FAX # (301) 231-0156 J957- "Ov-2�W&67d, Re: 7_ In Imp 1, iN Z3 '90 11:01 SEORGETOWN INS WASH 301 CALIFORNIA AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following, BOILER AND MACHINERY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART —EXCEPT COVERAGE FORMS A AND 9 COMMERCIAL -GENERAL LfASILITY (COVERAGE -PART ---- -- COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART A. The following is added to the CANCELLATION Common Policy Condition: 7. POLICIES IN EFFECT FOR MORE THAN 60 DAYS a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of We following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepre- sentation by: (a) Any insured or his or her representa- tive in obtaining this insurance: or (b) You or your representative in pursu- ing a claim under this policy. (3) A judgment by a court or an administra- tive tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) L(4s of, or changes in, our reinsur• ance covering all or part of the risk would threaten our financial integrity or solvency; or AIL 5106 86 F : a, 5 (b) Continuation of the policy coverage would. ii Place us in violation of California law or the laws of the state where we are domiciled; or ti Threaten our solvency. (n A change by you or your representative in the activities or property of the com- mercial or industrial enterprise, which results in a materially added, Increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, and to the producer of record, at least_ (1) 15 days before the effective date of cancellation if we cancel for a reason listed in paragraph 7.a.(1) or (2). (2) 45 days before the effective date of cancellation if we cancel for any other reason listed in paragraph 7.a. S. The following is added and supersedes any provision to the contrary: NONRENEWAL 1. It we decide net to renew this policy, we will .nail or deliver written notice stating the reason for nonrenewal tothe first Named Insured shown in the Declarations and to the producer of record, at least: a. 45 days, but not more than 120 days, before the expiration or anniversary date, if the aggregate policy premium is more than $10,000; or b. 60 days, but not more than 120 days, before the expiration or anniversary "te, if the aggregate policy premium is $10,000 or less. 2. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the retailing address shown in the policy. 3. We are not required to send notice of non - renewal in She following situations: b rage I of 2 CALIFORNIA ENDORSEMENT 'r*OZJL ,TAN 23 '9G 11:01 GEORGE70WN INS -BASH -VI r a. If the trons�er or renewal of a saucy, without any changes in terms, conditions, or rates, is between us and a member of our insurance group. b. It the policy has been extended for 90 days or less, provided that notice has been given in accordance with paragraph B.1. c. If you have obtained replacement coverage, or it the first Named Insured has-agre6d, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. if the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms of conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timetrames shown in paragraph B.1, to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 2596. Page 2 of 2 CkLIFORNIA ENDORSEMENT R.3"15 1 _ kIL 5106 86 ".' -OZ4 JAN 23 '90 I1:02 GEORGETOWN INS WASH 301 -OCCURRENCE FOR14 P.5/15 Policy Numbw 299 -00 -3 3 -27 Limits of Insurance GEUERAL AGGREGATE (OTHER THAN PRODUCTS-0011PLETED OPEFATIOSS) ` 1,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE INCLUDED UNDER GrNERAL AGGREGATE PERSONAL AND ADVERTISING INJURY '1,000,000 EACH OCCURRENCE 1 , 000, OOO FIRE DAMAGE HEDICAL -EXPENSE 50,000 ANY ONE FIRE 5, 000 &NY ONE PEBSOi:i Forms applicable to these Declarations: J.CG 02 04 86, ACG o3 04 86, AvG 68 04 88, CC; UO 41, AIL 03 4? ACG 0107 86 LIABILITY DECL.ARtMONS JAN E3 190 i°;f!-GEORG-ETOWN INS WASH 301 F.6/15 01r1111RU1LENERA1'048IUI!'lf CtlilEitAE P/1tt OCARbiTiONS.SCHEUULE P) PAYROLL I) COST OF HIRE S) PER $1`000 Y) PER $100 Z) NUMBER OF EI-TLOYEES 47366 IOC SALES, SERVICE OR CONSULTING ORGANIZATIONS INCLUDING PRODUCTS AND/OR COMPLETED OPERATIONS. LOC: 1 334 PREMISES/OPERATIONS POLICY LEVEL COVEIRAGESs 66100 P) E) yR�r 6.7491 3,919 o11 SIRED AUTOMOBILE LIABILITY 17) SEE ACC 68 i 66010 611 NON —OWNED AUTOMOBILE LUBILITY IZ) SEE ACG 68 1 TOTAL ADVANCE PREMIUM Y) IF ANY 1.469 25 29 291 3,977 Note: S" m-v*m side for definition of premium bb/ ACG 02 04 86 Page I of 2 COMMERCIAL GENERAL UAB[L.ITY SCHEDULE 0- 01214 10 10 . r { COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage, c. "Property damage" that is loss of use of tan - Read the entire policy carefully to determine rights, gible property that is not physically injured duties and what is and is not covered. shall be deemed to occur at the time of the Throughout this policy the words 'you" and 'your'' "occurrence" that caused it. refertothe Named Insured shown in the Declarations. 2. Exclusions. The words "we," "us" and "our" refer to the Company This insurance doesrotappty_i4�__.__ ___, providing this insurance. - a. "Bodily injury"or "property damage"expected The word "insured" means any person or organization or intended from the standpoint of the in- oualifying as such under SECTION II -- WHO IS AN sured, Thisexciusion does not apply to"bodily INSURED. injury" resulting from the use of reasonable Other words and phrases that appear in quotation force to protect persons or property. marks have special meaning. Refer to SECTION V — b. "Bodilyinjury"or"prop". damage"for which DEFINITIONS. the insured is obligated to pay damages by SECTION I — COVERAGES reason of the assumption of liability in a COVERAGE A, BODiLY INJURY AND PROPERTY contract or agreement. This exclusion does DAMAGE LIABILITY not apply to liability for damages: 1. Insuring Agrearnent. (1) Assumed in a contract or agreement that a. We will pay those sums that the insured is an "insured contract;" or becomes legally obligated to pay as damages (2) That the insured would have in the ab- because of "bodily injury" or "property dam- sence of the contract or agreement, age" towhichthis insurance applies. Noother c. "Bodily injury" or "property damage" for which obligation or liability to pay sums or perform any insured may be held liable by reason of. acts or services is covered unless explicitly (1) Causing or contributing to the intoxication provided for under SUPPLEMENTARY PAY- of any person; MENTS — COVERAGES A AND B. This incur ance applies only to "bodily injury" and (2) Thefurnishingofalcoholicbeveragestoa "property damage" which occurs during the person under the legal drinking age or policy period, The "bodily injury" or "property under the influence of alcohol, or damage" mustbecausedbyan"occurrence." (3) Any statute. ordinance or regulation relat- The "occurrence" must take place in the ing to the sale, gift, distribution or use of "coverage territory." We will have the right and alcoholic beverages. duty to defend any "suit" seeking those dam- This exclusion applies only if you are in the ages. But: business of manufacturing, disfibuting. sell- (1) The amount we will pay for damages is ing, serving or f umishing alcoholic beverages. limited as described in SECTION III — d. Any obligation of the insured under a workers LIMITS OF INSURANCE; compensation, disability benefits or unem- (2) We may investigate and settle any claim ployment compensation law or any similar or "suit" at our discretion; and law. (3) Our right and dutyto defend end when we e. "Bodily injury" to: have used up the applicable limit of (1) An employee of the insured arising out of insurance in the payment of judgments or and in the course of employment by the settlements under Coverage A or B or insured; or medical expenses under Coverage C. (2) The spouse, child, parent, brother or sister b. Damages because of "bodily injury" include of that employee as a consequence of (1) damages claimed by any person or organize- above. tion for care, loss of services or death resulting at any time from the "bodily injury." This exclusion applies: (I) Whether the insured may be liable as an employer or in any other capaci'ry; and (2) To tiny obligation to share damages with �C) ACG 03 04 96 Page 1 of g COMMERCIAL GENERAL LIABILITY COVERAGE or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." f. (1) "Bodily iniury"or'Property damage"aris- ing out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) At or from premises you own, rent or occupy; (b) At or from any site or location used by or for you or others for the handling, storage, disposal, processing or treat• ment of waste; (c) Which are .at any time transported, handled, stored, treated, disposed of or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (6) At or from any site or location on which you or any contactors or sub• contractors working directly or indi• rectly on your behalf are performing operations: (i) if the pollutants are brought on or (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you coo not own that is; (a) Less than 26 feet long; and (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 ownvship, maintenance or use of aircraft or watercraft; or (5) "Bodily injury"or"prcpertydamage" ars• 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"(Section V.8). h. "Bodily injury" or "property damage" arising out of: to the site or location in connec. tion with such operations; or (H) if the operations are to test fnr, monitor, clean up, remove, con- tain, treat, detoxify or neutralize the pollutants. (2) Any IV -Ss, cost or expeme arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat. detoxify or neu- tralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicalsand waste. Waste includes materials to be recycled, reconditioned or reclairned. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of arty aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes opera- tion and "loading or unloading." This exclusion does not apply to: Page 2 of 9 COMMERCIAL GENERAL LIABILITY COVERAGE (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 or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition ineide:rt to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. "Property damage" to: (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) i''ersonal prop" in your care, custody or control; (5) That particular part of real property on 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 operations; or ACG 03 04 86 11 11 I • JpN 23 190 11:04 GEORGETOWN t 1NS WASH 301 (6) That particular part of any property that must be restored, repaired or replaced because "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 13),-(4j, (S)—aril-(6) of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "pro- ducts -completed operations hazard." k. "Property damage" to "your product" arising out of It or any part of it. 1. "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. rnt "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 (2) A delay or failure by you or anyone acting L 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. n. Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product;" (2) "Your work;" or (3) "Impaired property;" if such product, work or property is withdrawn or recalled from the market orfrom use byany person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through n. do not apply to damage tsy fire to premises rented to you, A separate limit of insurance applies to this coverage as described in SECTION III — LIMIT5 OF INSURANCE. AC;G 03 04 86 P.8i15 C COVERAGE O. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreenmnt. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury' or "advertising injury" to which this insurance applies. No other --obligation or -liability- to -pay sums -or - - - - perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS --COVERAGES A AND B. We will have the right and duty to defend any "suit" seeking those damages. But (1) The amount we will pay for damages is limited as, described in SECTION III -- LIMITS OF INSURANCE; (2) We may investigate and settle any claim or "suit' at our discretion; and (3) Our right and dutyto defend end when we have used up the applicable limit of insurance inthe payment of judgments or settlements under Coverage A or 8 or - medical expenses under Coverage C. b. This insurance applies to "personal injury" only if caused by an offense: (1) Committed in the "coverage territory" during the policy period; and (2) Arising out of the conduct of your busi. ness, excluding advertising, publishing, broadcasting or telecasting done by or for you. c. This insurance applies to "advertising injury" only if caused by an offense committed: (1) In the "coverage territory' during the policy period; and (2) In the course of advertising your goods, products or services. 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 orwritten 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 liabil- ity in a contract or agreement. This ex- clusion does not apply to liability for damages that the insured would have in Vw .absence of the contract or agreement. Page 3 of 9 ILL COMMERCIAL GENERAL LIABILITY COVERAGE 0-02 4 b. "Advertising injury" arising put of: (1) Breach of contract, other than misao• propriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised Quality or performance; (3) The wrong description of the price of -- -goods, productsixrservioes; or- ---- (4) An offense committed by an insured whose business is advertising, broad• casting, publishing or telecasting. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an acci- dent: (1) 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 accident; and (3) The injured person submits to examina- tion, 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 at the time of an accident; (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 insures;. 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 infured on that part of premises you own or rent that the person normally occupies. d. io 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 btnefits 1$w or a similar taw. e. To a person injured while taking part in athletics. 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 orcondition incidenttowar. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY—PAVMMT'S---= -COVERAGES J4 AND B We will pay, with respect to any claim or "suit" we defend: 1. Ali expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. Wedo 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. Pre -judgment interest awarded against the in- sured 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 pre -judgment interest based on that period of time after the offer. 7. All interestt on the full amount of any judgment that accrues after entry of the judgment and before 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 incur. ante. SECTION If -- WHO IS AN INSURED 1. if you are designated in the Dedarations as: a. An individual, you and your spouse are in• sureds, but onlywith respect to theconduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c, An organization other than a partnership or joint venture, yc+u are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 4 of y ACG 03 04 86 Ct)fdMERCiAL GENERAL LIABILITY COVERAGE 1_3 0-0`1 r _14 r 2. Each of the following is also on insured; a. Your employees, other than your executive off iCers, but only for acts within the scope of their employment by you. However, none of these employees is an insured for: (1) "Bodily injury" or "personal injury" to you or to a cc -employee while in the course of his or her employment; or ..BodiFynjury"or''persOnal injuy' arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees oranyof your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee) or any organization while acting as your veal estate manager. c. Any person or organization having proper temporary custody of your properly 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 wil I 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 nuipment along a public highway with your permission. Any other person or organization responsible forthe conduct of such person is also an insured, butoniy with respectto liability arising 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 -employee 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 insured under this prMsion. 4. Any organization you newly acquire orform, other than a partnership or joint venture, and over which you maintain ownership or majority inter- est. will be deemed to be a Named Insured if there: is no other similar insurance available to that organization. However. ACG 03 04 86 t a. Coverage tinder 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; b. Coverage A does not apply to "bodily injury or "property damage" that occurred before you acquired or formed the organization; and c. Coverage Bdoesnot applyto "personal injury" 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 - LiMETS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. insureds; b. Claims made or "suits" brought, or c. Persons or organisations 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; and b. Damages under Coverage A, and Coverage B, except damages because of 'injury and darn - age included in the "products -completed operations hazard," 3. The Products -Completer! Operations Aggregate Limit is the most we will pay under Coverage A for damages because of injury and damage in :lulled in the "products -completed operations hazard." 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage a 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 "occu?rtnce," S. Subject to 5. above, the Fire Darriage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you arising out of any one fire. 7. Subject to 5. 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. Page 5 o; 3 COMMERCIAL GENERAL LIABiLITY COVERAGE 90-10,2.14 The limits of this Coverage Part apply separately to 3. legal Action Against Us. each consecutive annual period and to any remaining No person or organization has a right under this period of less than 12 months, starting with the begin- Coverage Part: ning of the policy period shown in the Declarations, a. To join usasapartyorotherwisebring usinto a unless the policy period is extended after issuance for „ an additional period of less than 12 months. In that suit asking for damages from an insured; or case, the additional period will be deemed part of the b. To sue uson this Coverage Part unlessall of its last preceding period forpurposes of determiningthe terms have been fully complied with. Limits of Insurance. A personor organization maysue usto recoveron SECTION iV —_COMMERCIAL.- -GENERAL-- - — �p-agrreed-wttlement--or--on-e-final-audgment- LIABIL1TY-CONWTIONS against an insured obtained after an actual trial; but we will not be liable for damages that are not 1, Bankruptcy. payable under the terms of this Coverage Part or Bankruptcy or insolvency of the insured or of that are in excess of the applicable limit of the insured's estate will not relieve us of our insurance. An agreed settlement means a settle - obligations under this Coverage Part ment and release of liability signed by us, the 2. Duties In The Event Of Occurrence, Claim Or Suit insured and the claimant or the claimant's legal a. You must see to it that we are notified promptly representative. of an "occurrence" which may result in a 4. der Insurarrm claim. Notice should include: (1) How, when and where the "occurrence" took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit," c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summorises 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, intheenforce- ment of any right against any person 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 obligation or incur any expense, other than for first aid, without our consent. e. If you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs (a). (b) and (c) above. However, it is under- stood and agreed that you small give written notice of the aforesaid "occurrence" m us as soon as you are definitely made aware of the fact that the particular "occurrence' is a liability claim ratherthan a warkerscompen- sation claim. Page 6 of 9 COMMERCIAL GENERAL LIABILITY COVERAGE If other valid and collectible insurance is available to the insured for a loss we cover under Coverage A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below 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 other insurance. whether primary, excess, contin- gent or on any other basis: (1) That is fire, Extended Coverage, Builders' Risk, Installation Risk or similar coverage for "your work;" (2) T hat 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 Cover- age A (Section 1). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit' that arty other insurer has a dutyto defend. it no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those Maher insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, it any, that excess the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance, and ACG 03 04 86 I.� W, C (2) The total of all deductible and self -insured amounts under an 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 inthe Declarations of this Coverage Part. c. Method of Sharing _ --If all of the other insurance permits con• tribution 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 0'. the loss remains, whichever comes first. if any of the other insurance does not permit contribution by equal shares, we will contri• bute by limits. Under this method, each insurer'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 advance premium is a deposit premium only. At the close of each audit period we wi'.I compute the earned premium forthat period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term 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 com- putation, 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 represen• tations you made to us; and c. We have issued this policy in reliance upon your representations. 7. 5aparation Of Insurers. b. Separately to each insured against whom claim is made or "suit" is brought. 19. Transfer Of Rights Of Recmry A,gairmt Others To Us, if the insured has rights to recover all or part of any payment we have made underthis Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured_willbting.'%uitLvX transfer- -- - - those rights to us and help us enforce them, 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 violates a person's right to privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "Auto" means a band motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment." I "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; 4. 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 Except with respect to the Limits of insurance, and any rights or duties specifically assigned in this Coverage Partto the first Named insured, this insurance applies: 5. a. As if each Named insured were the only Named insured: and ACG 03 04 66 r— All parts of the world if: (1) The injury or damage arises out of: (a) Goads 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 the territory described in a. above, but is away for a short time on your business; and (2) The insurer's responsibility to pay darn• ages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: Page 7 c` 9 COMMERCIAL GENERkL LIABILITY COVERAGE IG !"'02 4 a. It Incorporates "your product" or "your work" 7. "Loading or unloading" means the har,41ing of that is known or thought to be defective, property: deficient, inadequate or dangerous; or a. After it is moved from the place where it is b. You have failed tofulfiff the terms of a contract accepted for movement into or onto' an air. C or agreement; craft, watercraft or "auto;" if such property can be restored to use by. la. While it is in or on an aircraft, watercraft or a. The repair, replacement, adjustment or re- "auto;" or moval of "your product" or "your work;" or c. While it is being moved from an aircraft, - b. Your-tulfilling the terms -of the -cantract_of watercraft or "auto" !o the place whem-it Is -- agreement finally delivered; 6. "Insured contract" means: but "loading or unloading" does not include the a. A lease of premises; movement of property by means of a mechanical device, other than a hand truck, that is not b. A sidetrack agreement; attached to the aircraft, watercraft or "auto." c. An easement or license agreement in connec- S. "Mobile equipment" means any of the following tion with vehicle or pedestrian private railroad types of land vehicles, including any attached crossings at grade; m9chinery or equipment- d. Any other easement agreement, except in a. Bulldozers, farm machinery, forklifts and connection with construction or demolition othervehiclesdesigned foruseprincipaflyoff operations cn or within 50 feet of a railnsad; public roads; e. An indemnification of a municipality as b. Vehicles maintained for use solely on or next required by ordinance, except in connection to premises you own or rent - with work for a municipality; c, Vehicles that ?ravel on crawler treads; f. An elevator maintenance agreement; or d. Vehicles, whether self-propelled or not, main- g. That part of an other contract or agreement. y if tained primarilyto prervide mobility to perma- pertaining to your business under which you neatly mounted: assume the tort liability of another to pay damages because of "bodily Injury" or "prop• (1) Powercranes, shovels, loaders, diggers or erty damage" to a third person or organization, drills; or if the contract or agreement is made prior to (2) Road construction or resurfacing equip- Q7 the "bodily injury" or "property damage "Tort ment such as graders, scrapers or rollers; �l liability means a liability that would be e. Vehicles not described in a., b., c. or d. above imposed by law in the absence of any contract that are not self-propelled and are maintained or agreement, primarily to provide mobility to permanently An "insured contract" does not include that part of attached equipment of the following types: any contract or agreement: (1) Air compressors, pumps and generators, a.. That indemnifies an architect, engineer or including spraying, welding, building - surveyor for injury or damage arising out of: cleaning, geophysical exploration, light. (1) Preparing: approving or failing to prepare ing and well -servicing equipment; or or approve maps, drawings, opinions, (2) Chem' pickers and similar devices used reports, surveys, change orders, designs to raise or lower' workers; or specifications; or f. Vehicles root described in a., b.. c. or d. above (2) Giving directions or instructions, orfaiiing maintained primarily for purposes other than to give them, if that is the primary cause of the transportation of persons or cargo. the injury or Ctamage; However, self-propelled vehicles with the b. Under which the insured, if an architect, following types of permanently attached engineer or sureeyor, assumes liability for equipment are not "mobile equipment" but injury or damage arising out of the insured's will be considered "autos:" rendering ^r failing to render professioral (1) Equipment designed primarily for: services, including those listed in a. above (a) Snow removal; and supervisory. inspection or engineering services; or (b) Roac maintenance, but not construc• C. That indemnities any person Or organization Lion or resurfacing; for damage by fire to premises rented or (c) Street cleaning; loaned to you. Page E of G ACG 03 04 86 COMMERClk GENERkL LIABILITY COVERAGE f 7 0"2-:.4 a W If (2) Cherry pickers. and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building• cleaning, geophysical exploration, fight- ing and well -servicing equipment. 9. "Occurrence" meant an accident, including con- tinuous or repened expow.e-to substantially the same generaf harmful conditions. 10. "Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; C. Wrongful entry into, or eviction of a person from a room, dwelling or premises that the person occupies; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goofs, products or services; or e. Oral or written publication of material that violates a person's right of privacy. 11. a. "Products -completed operations hazard" includes all "bodily injury' and "property damage" 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 all 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 work- ing on the same project. Work that may need tervice, 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 of: ACC 03 04 BG (1) The transportation of oroperty, 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; (3) Products or operations for which the classification in this Coverage Part or in our manual�of rules-inclucleswoclvctsor- completed operations. 1Z "Property damage" means: a. Physical Injury to tangible property, including all resulting loss of use of that property; or b. loss of use of tangible property that is not physically injured, 13. "Suit" meanse civil proceeding in which damages because of "bodily injury," "property damage." "personal injury" or "advertising injury" to which this insurance applies are alleged. "Suit" includes - an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 14. "Your product" means: a; Any goods or products (other than real property) manufactured, sold, handled, dis- tributed 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 famished in connection with such goods or products. "Your product" includes warranties or represen- tations made at any time with respect to the fitness, quality, durabilityor performance of anyof the items included in a. and b. above. "Your product" does not include vending ma- chines or other property rented to or located for the use of others but not sold. 15. "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 warranties or representa- tions rnade at anytime with respect to the fitness, quality, durability or performance of any of the items included in a. or b. above. page 90"9 COMMERCIAL GENFRAL LIABILITY COVI RACE E "1 �02 _ r JAN 29 190 11: 1© GEORGETOWN INS WASH 301 P.16/15 HIRE® ALIT® AND NON -OWNED AUTO LIABILITY This policy is amended as follows: SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: Coverage Additional Premium Non -Ownership Liability $ Hired Auto Liability (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) HIREb AUTO LIABILITY in whole or in part either payable or The insurance provided under COVERAGE A (Section required to be provided under any workers compensation law. 1) applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired b. "Property damage" to: auto" by you or your employees in the course of your (1) Property owned or being transported by, or business, rented or loaned to you; or With respect to the insurance provided by this en- (2) Property in your rare, custody or control. dorsement: 2. WHO IS AN INSURED (Section II) is replaced by 1. The exclusions, under COVERAGE A (Section 1), the following: other than exclusions a, b, d, f and i and the Nuclear Energy Liability Exclusion (Broad Form) Each of the following is an insured under this are deleted and replaced by the following: insurance to the extent set forth below: a. "Bodily injury:" a. You; (1) To your employee arising out of and in the b. Any other person using a "hired auto" with course of employment by the insured; or your permission; (2) To the spouse, chi!!, parent, brother or c. With respect to a "non -owned auto," any partner or executive officer of yours, but only sister of that employee as a consequence while such "non -owned auto" is being used in of (1) above. your business. This exclusion applies: d• Any oilier person or organization, but only (I} Whether you may be liable as an employer Y with respect to their liability because of acts or in any other capacity; and or omissions of an insured under a., b- or c. (2) To any obligation to share damages with above. or repay someone else who must pay None of the following is an insured: damages because of injury. m• Any person engaged in the business of his or This exclusion does not apply to: her employer with respect to "bodily injury" to (1) Liability assumed by you under an "in- any co -employee of such person injured in sured contract;" or the course of employment; (2) "Bodily injury" arising out of and in the b. Any partner or executive officerwith respect to course of domestic employment by you any "auto" awned by such partner or officer or unless benefits for such injury are a member of his or her household; ACG 68 04 68 c. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto ousiness" you operate: i� .Page 1 of 2 urr�rr, p!1•rf` A►tM M.:/vn, nit/fern s,,,.n „s.w., ..... 0 0214 d. The owner or lessee (of whom you arts a sublessee) of a "hired auto" or the owner of a "non -owned auto" or any agent or employee of any such owner or lessee; e. Any person or organization with respect to the conduct of any cumeAt-or-{past -partner- ship or joint venture that is not shown is a Named Insured in Me Declarations. NON -OWNED AUTO LIABILITY The insurance provided under COVERAGE A (Section ]) applies to "bodily injury' or "property damage" arising out of the use of any "non -owned auto" in your business by any person other than you. The following additional definitions apply - "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos." "Hired auto" means any "auto" you lease, hire, or morrow. This does not include any "auto" you lease, hire, or borrow from any of your employees or mere: hers of their households, or from any partner or executive officer of yours. "Non -owned auto" means any "auto" you do not own, lease, hire or borrow which are used in conned tion with your business. However, if you are a partner- ship a "non -owned auto" does not include any auto owned by any partner. I Wage 2 04 2 fjt;t, SP tl[ PO HIRP AUTO AND NON.OWNED AI1'rr'+ r ill Oil ►,-v 2 i JAN 23 ' 90 11: 12 GEOP,GETOWN INS WASH '3©1 P. 18/1S HIRER AUTO AND NON -OWNED AUTO LIABILITY This policy is amended as follows: SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: Coverage Additional Premium Non -Ownership Liability $ Hired Auto liability $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) HIRED AUTO LIABILITY in whole or in part either payable or The insurance provided under COVERAGE A (Section required to be provided under any workers compensation law. 1) applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired b. "Property damage" to: auto" by you or your employees in the course of your (1) Property owned or being transported by, or business. rented or loaned to you; or With respect to the insurance provided by this en- (2) Property in your care, custody or control. dorsement• 2. WHO IS AN INSURED (Section 11) is replaced by 1. The exclusions, under COVERAGE A (Section 1), the following: other than exclusions a, b, d, f and i and the Nuclear Energy Liability Exclusion (Broad Form) Each of the following is an insured under this a are deleted and replaced by the following: insurance the extent set forth below: a. "Bodily injury:" a. You; (1) To your employee arising out of and in the b• Any other person using a "hired auto" with course of employment by the insured; or your permission; (2) To the spouse, child, parent: brother or c. With respect to a "non -owned auto," any partner or executive officer of yours, but only sister of that employee as a consequence of (1) above. while such "non -owned auto" is being used in your business. This exclusion applies: d. Any other person or organization, but only (1) Whether you may be liable as an employer mtn respect to their liability because of acts or in any other capacity; and or omissions of an insured under a., b., or c. (2) To any obligation to share damages with above. or repay someone else who must pay None of the following is an insured: oamages because of injury. a. Any person engaged in the business of his 4r This exclusion does not apply to: her emp dyer with respect to "bodily injury"to (1) Liability assumed by you under an "in- any co -employee of such person injured in sured contract:" or the course of employment: (2) "Bodily injury" arising out of and in the b, Any partner or executive officer with respect to course of domestic employment by you any "auto" owned oy such partner or officer or unless benefits for such injury are a member of his or her household: ACG fill 04 88 c. Any person while employed in or otherwise engaged in duties in connection witn an "auto, business," other than an "auto business" you operate; Page 1 of 2 �- 0'4 JAN 23 '90 11:13 GEORGETOWN INS WASH 301 P.19"15 ENDT. # POLICY CHANGE OTRELLA 09/25/89 t,ji.fmd»,rmrrfor.,apwiofrWuryA299-00-33-2T (At the tiwer Gard in the pw wv) itlwdto --"JUST SAIi_N. * -INTERNATIONAL by CENTENNIAL Insurana Cornp,ny (71w utformotion prvvukd fur vhow it regwred to be tV-P W w:1y +then thu en&W,w ww is Wwdfar attttchnwn, - OW )oliry swbMfswu 10 itl df t[:hM dslf.) FOLLOVING FORM ENDORSEMENT ------------ _-------- THE COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM IS AKENDED AS FOLLO.;S: EXCEPT INSOFAR AS COVERAGE ZS AvAILABLE TO THE INSURED AS PROVIDED BY NUNDERLYING INSURANCE" AS SET FORTE IN THE SCEEDULE OF UNDERLYING INSURANCE) THE COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OR "PERSONAL INJURY' OR "ADVERTISING INJURY" ARISING OUT OF LOCAL CLUBS. AIL 03 07 POUCY CHANGE E0-04 ENDT. 0 u PACE f 1 POLICY CHANGE UtMTMI LA fj/rRivr 0 9 r2 5 f 8 9 thv rrdr>ssrrRrnf f orm: a prrr of Fehr) P4 9 9 -0 0.3 3 -2 T (At the ►►mr neird in the polfrv) wurdto "JUST SAY BYO" INTERNATIONAL by CENTENNIAL InzaraftmComany Mr informwion provfdrd fv+ r+4rnr Is ►equ+rrd to be compksrd only when this rndo►xmrnt a iaard for ori&*n va nr rhr fWiry totbgrgwm to iu Aram ebtr_J EXCLUSION —PROFESSIONAL LIABILITY - -- -- w ------ --- -- - -- - w - w ------ -- THE COMERCIAL UMBRELLA LIABILITY COVERAGE FORM DOES NOT APPLY TO *BODILY INJURY" OR "PROPERTY DAMAGE" OR "PERSONAL INJURTR OR "ADVERTISING INJURY" DUE TO THE RENDERIN'G OR FAILURE TO RENDER ANY PROFESSIONAL SERVICE ET OR FOR THE INSURED OR ANT EMPLOYEE OF THE INSURED. art ML 03 07 86 POLE CHANCE c9021 1 JAN E3 190 11:14 GEORGETOWN INS WASH 301 Wity Nu,nber 299-00-33-2 i PAG" ,f 1 1. Limit of Insuranne: a. 2,000,000 Aggregate Limit of Insurance b,. 10 , 000 Self. Insured -Retention Per Each Occurence or Offense -- - -- -- _ 2. Schodule of UrKledying Insurance. In addition to the policies listed below, the underlying insurance which is to be maintained by the insured as provided for in Condition 4 of the Commercial Umbrella Liability Coverage Form shall be as stated in the Liability Declarations and/or Automobile Declarations contained in this policy. EMPLOYER'S CENTENNIAL 09/25/89 1,1AH ILITY 4 01- 41-60-28 09 /25 /90 Ttme doclarations are c ompietsd by the following : ACU 03 0*17 E3, A L 03. Vu4, AIL 03 f5 $100,000. EACH ACCIMNT ACU 01 07 86 W!!':R LA DECLARATIONS JAN ES ' 90 11: 15 GEORGETOI~' , • COMMERCIAL INS WgSH 301 P.c2/15 UMBRELLA LIABiLETY�JVERAGE FORM The words "you" and "your" in this policy refer to the Named Insured shown in the Declarations. The words "we;' "'us" and "our" refer to the Company providing this insurance. The word "Insured" means any person or organization qualifying as such under SECTION II —•WHO IS AN INSURED. All words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION- I• --INSURING AGREEMENTS We agree with you in consideration of the payment of premium and in reliance upon your statements in the Declarations and subject to the Limit of Insurance shown in the umbrella Declarations, and all the exclu• sions, terms and conditions of this policy as follows: COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. a. We will —where permitted by law—payon behalf of the insured the "Ultimate Net Loss" because of "bodily injury'or"property damage" to which this insurance applies. Where we are not per- mitted by lawtopay on behalf ofthe Insured, we will indemnify the Insured for "Ultimate Net Loss" sustained under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly pro- vided for underSUPPLEMENTARY PAYMENTS — COVERAGES A and B. This insurance applies only to '"bodily injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be caused by an "occurrence." The "occurrence" must take place in the "coverage territory." We will have the right and duty to defend any "suit" seeking such dam• ages, butt (1) The amount we will pay for "Ultimate Net Loss" is limited as described in SECTION III —LIMIT OF INSURANCE; (2) We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result; (3) Our duty to defend applies only to "suits" not covered by any "Underlying Insurance" shown in the Umbrella Declarations or by any other insurance; and (4) 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 B. b. Damages t) : ause of "bodily injury" include damages claimed by any person or organization tor care, loss of services or death resulting at any time from the "Oodily injury." c. "Property damage" that is loss of use of tangible property that is not physically injured shall be deerned to occur at the time of the "'occurrence" treat caused it. ACLI 03 07 86 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Liability imposed on the insured under any of the following laws: (1) Any uninsured motorists, underinsured motorists, or automobile no-fault or first party "bodily injury` or "property damage" law, or (2) Any workers' compensation, unemploy• ment compensation, or disability benefits law, or any other similar law. c. (1)"Bodily injuryr'or"propertydamage" arising out of the actual, alleged or threatened dis• charge, dispersal, release or escape of "Pollutants:" (a) At or from premises you own, rent or occupy-, (b) At or from any site or location used by or for you or others for the handling, storage, disposal, processing or treat• ment of "waste;' (c) Which are at any time transported, handled, stored, treated, disposed of, or processed as "waste" by or for you or any person or organization for whom you may be legally responsible; or (d) At or from any site or location on which you or any contractors or subcontrac• tors working directly or indirectly on your behalf are performing operations: t7 If the "pollutants" are brought on or to the site or location in connection with such operations: or (ii) If the operations are to test for, monitor, Glean up, remove, contain, treat, detoxify or neutralize the "pollutants." (2) Any loss, cost or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, cetoxiry, or neutralizt "pollutants." d. " Godily injury" or "properly damagt. arising out of the ownersnip, maintenance, operations, use, "loading and unloading" or entrustrrient to others- F age i of E G23 COMMERCIAL UMBRELLA LIABILITY COVERAGE (1) Any watercraft over fifty W in length, if the "bodily injury" or "property damage" occurs away from premises you own, rent. or control; (2) Any "aircraft" or watercraft, if such water- craft or "aircraft" is owned or chartered without crew by you or on your behalf; (3) Any "aircraft" or watercraft being operated by any person in the course of his employ- ment by you and is owned by such person. This Exclusion does not apply to: (a) "Bodily injury" to any employee of yours arising out of and in the course of lois employment by you: (b) Liability assumed under arty contract or agreement for the ownership, main- tenance or use of "aircraft" or watercraft. f. "Bodily injury" or "property damage" arising out of the use of any "auto" or "mobile equipment" in, or while in practice or preparation for, a pre- arranged racing, speed or demolition contest or in any stunting activity. f. Liability assumed under arty contract or agree- ment for "bodily injury" or "property damage" due to war, whether or not declared, or any actor condition incident towar. War includes civil war, insurrection, rebellion, or revolution. & "Prop" damage" to: (1) Property you own; (2) Premises you sell, give away or abandon, if the "property damage" arises cut of any part of those premises; (3) Property rented or loaned to, occupied or used by you or in your care, custody or control, to the extent you are obligated to provide insurance; (4) That particular part of real property on which you or any contractor or subcontrac- tor working directly or indirectly on your behalf is performing operations, if the "property damage" arises out of those operations; or (5) That particular part of any property that must be restored, repaired or replaced because "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 (4), and (5) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (5) of this exclusiondoes W apply to "property damage" included_ ih_ the "produe,-ts- completed operations hazard." h. "Property darnate" to "your product" arising out of it or any part of it. Page 2 of 8 COMMERCIAL UMBRELLA LiABILITY COVERAGE L "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. j. "Properly damage" to "impaired property" or property that has not been physically injured, arising out of; (1) A defect. deficiency, inadequacy or danger- ous condition in "your product" or "your work;" or (2) Adeiayor failure byyouoranyone actingon your behalf to perform a contract or agree- ment in accordance with its terms. This exclusion does not apply tothe loss of use of other property arising out of sudden and acci- dental physical injury to "your product" or'your work" after it has been put to its intended use. k. 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 iswithdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 1. Nuclear Energy Exclusion. This insurance does not apply: (1) Under any Liability Coverage, to "bodily in- jury" or "property damage:" (a) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insur- ance Association of Canaria or any of their successors, or would bean insured under any such policy but for its ter- mination upon exhaustion of its limit of liability; or (b) Resulting from the "hazardma proper- ties" of "nuclear material" and with respect to which (i) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (ti) the insured: is, or iiad this poky_ro-been issued would be, entitled to inderr^'ty from the United States of America, or any agency thereof, under arty agreement ACU) 03 07 56 ►f CI 1. W�f'S , .n �r.^7�: r Y . ♦ Y 40 -02:1 F_­­_­____,____,__­ .. . ...... • entered into 6.1 ,he United States of b. This inssi once applies to "personal injury" only America, or any agency thereof, with if caused by an offense: any person or organization. (1) Committed in the "coverage territory" dur• (2) Under any Medical Payments Coverage, to ing the policy period; and expenses incurred with respect to "bodily "hazardous (2) Arising out of the conduct of your business, injury" resulting from the prop- excluding advertising, publishing, broad• erties" of "nuclear material" and arising out casting or telecasting done by or for you. of the operation of a "nuclearfacilM by any person or organization. c. This insurance applies to "advertising injury" (3) Under any Liability Coverage, to "bodily only if caused by an offense committed: injury" or "property damage" resulting from (1) in the "coverage territory" during the policy the "hazardous properties" of "nuclear period; and material." it (2) In the course of advertising your goods, (a) The "nuclear material" (i) is at any products or services. nuclear facility owned by, or operated 2. Exclusions. by or on behalf of, an insured or (ii) has This insurance does not apply to: been discharged or dispersed there. a,. "Personal injury" or "advertising injury:" from; (b) The "nuclear malaria!" is contained in (1) Arising out of oral or written publication of material, if done by or at the direction of the 11 sent fuel" "waste" at any time possessed, handled, used, processed, insured with knowledge of its falsity; stored, transported or disposed of by or (2) Arising out of oral or written publication of on behalf of an insured; or material whose first publication took place (c) The "bodily injury" or "property dam- before the beginning of the policy period; age" arises out of the famishing by an (3) Arising out of the willful violation of a penal insured of services, materials, parts statute or ordinance committed by or with or equipment in connection with the the consent of the insured; or planning, construction, maintenance, (4) For which the insured has assumed liability operation or useof any "nuclearfacility," in a contract or agreement. This exclusion but if such facility is located within the does not apply to liability for damages that United States of America, its territories the insured would have in the absence of or possessions or Canada, this exclu• the contract or agreement; or sion (c) applies only to "property dam. b, "Advertising injury" arising out of: age" to such "nuciear facility' and any (i) Breach of contract, otherthan misappropri• property thereat. of advertising ideas under an implied COVERAGE S. PERSONAL AND ADVERTISING iNJURY ���� cons LI!l81LffY I BIUTmane. (2) The failure of goods, products or services Insuring1. to conform with advertising quality or per. at. We will —where permitted by law —pay on behalf formance; of the insured the "Ultimate Net Loss" because (3) The wrong description of the price of goods, of "personal injury" or "advertising injury" to Products or services; or which this insurance applies. Where we are not permitted by law to pay on behalf of the insured, (4) An offense committed by an insured whose we will indemnify the insured for "Ultimate Net business is advertising, broadcasting, pub - Loss" sustained under this coverage. We will lishing or telecastin& have the right and duty to defend any "suit" seeking such damages. But: SUPPLEMENTARYPAYMENTS--COVERAGESAAND8 (1) The amount we will pay for "Ultimate Net We will pay, with respect to any claim or "suit" we Loss" is limited as described in SECTION defend: III --LIMIT OF INSURANCE: 1. Ali expenses we incur. (2) We may, at our discretion, investigate and 2. Up to $250 for cost of bail bonds required because settle any claim or "suit;" of accidents or traffic law violations related to an (3) Our duty to defend applies only to "suits" "U accident arising out of the use of any vehicle to which this Coverage Part applies. We do not have to not covered by any ndedying Insurance" shown in the Umbrella Dedarations or by, furnish these bolds. -- any, other insurance; and -3.- 7h- cost of-boads to-rettease attachments, but only (4) Our right and duty to defend end when for bond amounts within the applicable Limit of Insurance. We dos not have to furnish these bonds. we have used up the applicable Limit of insurance in the payment of judgments or 4. All reasonable expenses incurred by the insured at settlements under Coverages A or B. our requW to assist us in the Investigation or de- ACLI 03 07 85 Page 3 of 8 COMMERCIAL UMBRELLA LIAGiLIT'Y COVERAGE 1> -7 TOE i-Stjm Sp4l t4m013�Dds,)"r9 9T:tj 36• E2 f&L )0 214 ; 5. 6 7. ( fense of the claim or "suit;' including actual loss of earnings up to $100 a day because of time off from work. All costs taxed against the insured in any "suit" we defend. Pre -judgment interest awarded againstthe insured on that part of any judgment we pay. If we make an oilier to pay the applicable Limit of Insurance, we will not pay any pre -judgment interest imposed or earned after the date of such offer. All interest earneo on the full amount of any judg. ment after entry of the judgment and before we have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable Limit of Insurance. These payments will not reducethe Limit of Insurance. SECTION II --WHO IS iNSURED I. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a busi- ness of which you are the sole owner. b. A partnership or joint venture, you are an in - sued. Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business. c. An organization otherthan a partnershipor joint venture, you are an insured. Your executive ofFi- cers and directors are insureds, but only with respect to their duties as your officers or direc- tors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: m. Your employees, other than your executive offi- cers, but only for acts within the scope of their employment by you. However, none of these employees is an insured for. (1) "Bodily injury" or "personal injury" to you or to a co -employee while in the course of his or her employment; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to pro- vide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employms, or any of your partners or members (if you are a partnership or joint venture). d. Your legal rep eontetive if you die, but only'with respect to duties as such. That representative will have all your rights and duties under this Coverage fart. 3. With respect to any "auto" or "mobile equipment" registered in your name under arty motor vehicle registration law, any person is an insum- i while driving such "auto" or "mobile equipment" along a public highway with your permission. Any other - -person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising outof the operation of the "auto" or "mobile equipment." However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -employee of the person driving the "auto" or "mobile equipment;" or b."Property damawge"topropertyownWby, r*nW to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownershipor majority interest, will be deemed to be a Named Insured. However: it. Coverage under this provision is afforded only until the 90th day after you acquire orform the organization or the end of the policy period, whichever is earlier, b. Coverage A does not apply to "bodily injury" or "Property damage" that otxurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury' or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respeetto the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III —LIMIT OF INSURANCE 1. The Limit of insurance shown in the Umbrella Declarations and the rules below fix the most we will pay regardless of the number of. a. insureds; b. Claims made or "suits" brought: or c. Per or organizations making claims or bringing "suits." - =a= 4 The Aggregate LIMIT of insurance is the most we b. Any person (other than your employee) or any will pay for. �® organization while acting as your real estate a All "ultimate Net Loss" under Coverage A and manager. Coverage B, except "ultimate Net Loss" because c. Any person or organization having proper temp• of injury or damage arising from the -automobile - _ orary custody of your property If you cite, bat only: hazard." (1) With respect to liability arising, out of the b. With regard to "Ultimate Net Loss" because of _= maintenance or use of that property; and injury or damage arising trout the "autca nnbile (2) Until your legal repre-sentative has been hazard," the Aggregate Limit of Insurance is the � - - apppinted, mm we will pay for each "occurrence.` ---,.� Page 4 of 8 ACU 03 07 6A COMMERCIAL UMBRELLA LIABILITY COVERAGE 10 -02*14 c. If the Limit of Insurance/. paid prior to this policy's termination date for losses other than losses arising from the "automobile hazard," this policy's premium is fully earned. The Limit ofInsurance applies separately toeach con- secutive annual period, and to any remainingperiod 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 add;- -tional period of. less than-1Zmornhs-InShatcase, the - additional period will be deemed part of the last ere• ceding period for purposes of determining the Limit of Insurance. SECTION W--COMMERCIAL UMBRELLA LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy, insolvency, or receivership of the in. sured, the insured's estate or of any underlying insurer will not relieve us of our obligations under this Coverage Part, but with regard to bankruptcy. insolvency, or receivership of any underlying insurer our Limit of Insurance will apply only in excess of the required limit of Insurance stated in, Schedule of"Underlying insurance," of the Umbrella Deciara- tions of this policy and shall apply in the same manner as though the "Underlying Insurance" were available and collectible. 2. duties In The Event Of "Occurrence," Claim Or .,suiLe, a. You must see to it that we are notified promptly C of an "occurrence" which may result in a claim under Coverage A: or an offense which may result in a claim under Coverage 6 of this Coverage Fart. Notice should include: (1) Hove, when, and where the "occurrence" or alleged offense took place; and (2) The name and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit." e. 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, set• tlement or defense of the claim or "suit;" and (4) Assist us, upon our request, in the enforce- ment of any right against any perm or organization which may be liable to ttie insured because of injury or damage to which this insurance may also apply. d. t4o insureds will, except at their own cost, voluntarily make a payment, MunItany ohliga- Lion, or incur any expense without our consent. 3. Leal Action &.,nst 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 oronafinaijudgmentagainst....__ an insured obtained after an actual trial; but we wi!l not be liable for damages than are not (sayable under the terms of this Coverage Part orthat are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Maintwwoe Of "Underlying tnsuranm" a. You mus; keep the "Underlying Insurance" descrit)ed in the Umbrella Declarations of this policy, in full force and in effect duringthe policy period of this policy. The types of insurance and the Limit(s) of Insurance must be maintained without reduction or diminution. You must in- form us of any replacement of "Underlying Insurance" within 30 days. You must notify us immediately of any change in the terms and conditions of the "Underlying Insurance," and we may adjust our premium accordingiy. If any "Underlying Insurance" is cancelled or non• renewed you must notify us immediately. If this happens we may cancel that portion of that coverage effective the same date. b. Reduction or exhaustion of "Underlying Insur- ance" by payment of tosses will not be a failure to maintain "Underlying Insurance." c. No provision in this section effects cancellation or non -renewal provisions of this policy. 5. other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations under this Coverage Part are limited as follovr : a. Excess Insurance This insurance is excess over any other insur- ance, whether primary, excess, contingent or on any other basis; or scheduled in "Underlying Insurance" or not, except insurance bought by you to specifically apply in excess of this Coverage Part- b. We will have no duty under Coverages A or B to defend env claim or "writ" that any other insurer has a dutyto defend. If no other insurer defends, we may undertake to dos so, but we will be entitled to the insured's rights against all other insurers. When this insurance is excess over other in- surance, we still pay only our share of the amount of the loss, if any, that exc..eeds the sum of: i (1) The total amount that air such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts underthisoranyother insurance. We will share the remaining loss, if any, with any other insurance that is not described in this excess insurance provision. 6. Premium Audit. a. We will commeall premiums forthisCoverage Part in accordance with our rules and rates. b. Premium shown in the Common Policy Declara• tions Premium Statementas advance premium is a demsi and minimum premium only. At the close of each audit period, we will compute the earned premium for that period. Audit premiums are due and payable on noticetothe first named Insured. If the sum of the advance and audit premiums paid forthe policy term is greater than the earned premium, we will return the excess to the first Named Insured, but not if such audit premium is less than the minimum premium shown in the Common Policy Declarations Premium Statement. 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. 7. Rope* totiorra. By accepting this policy, you agree that a. The information shown on the Umbrella Decta- rations is accurate and complete; resulting they .,om shall be apportioned among all interests in the ratio of their respective losses for which recovery is sougM- If there should be no recovery es a result of pro• ceedings instituted solely at our request, we shall bear all expenses of such proceedings. SECTION Y-- DEFINFTIONS 1. 2. 3. 4. S. b. The information is based upcm representations you made to us in your application(s) for this 6 policy. e. We have issued this policy in reliance upon your representations. B. Separation Of InwrWs. Except with respect to the Limit of Insurance, and any rights or duties specifically assigned to the first Named insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately toeach insured against whomclaim is made or "cult" is brought. 9. Transfer Of RighU Of Recovery A+gaiW Odds To Us. If the insured has rights to recover all or part of arty payment we have made under this Coverage Part, those rights are transferred to us. The insured 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. Recoveries shall reimburse us and all others, in• cludingthe insured, inthe safrre proportion asthe total limit of liability of each participant in such lots payment bears to the total loss sustained. Whtn we elect to participate in the exercise of the insured's rights of recovery, reasonable expenses Page b of g COMMERCIAL UMBRELLA LIABILITY COVERAGE "Advertising injury"nvansinjury aft ng 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 otganization's goads, products or services; b. Oral or written publication of material that vio• lates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. "Aircraft" means any heavier than airor lighter than air aircraft designed to transport persons or property - "Auto" means a land mobor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment But "auto" does not include "mobile *quipment." "Automobile hazard" means liability arising out of the ownership, operation, use, "loading or un- loading" or errrustment to others of any "auto." "Bodily injury' means bodily Injury, sickness, disease, shock, fright, mental injury or disability sustained by a person. "Bodily injury' includes death resulting from any of these at any time. "Coverage territory" means anywhere in the world if the Insured's responsibility to pay damages is determined in a "suit" on the merits, in the United States of America (including its territories and possession$), Puerto Rico and Canada or in a settlement we agree to. 7. "Hazardous properties" include radioactive, toxic, or explosive properties. B. "Impaired property" meanstangible 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 detective, deli• client, inadequate or dangerous; or, b. You have failed to fulfill the terms, of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of 'your product" or "your worK" or b. Your fulfilling the terms of tare contract or agreement. 9. "Loading or unloading" means the handling of prwer°ty: a. After it is move i from the plate whrere it is accepted for movement into or onto an "air., craft," *vttercraft or "auto;" ACU 03 07 86 3C, _-02. .b. "While it is in or on an "t ,raft," watercraft or 1,auko;" or c. While it is being moveO rom 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 attached to the "aircraft," watercraft or "auto." 10. *Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you ctwn or rent; c. Vehicles that travel on crawler triads; d. Vehicles, whether self-propelled or not, on which are permanently 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 following types: (1) Air compressors, pumps and generators, including spraying, welding, buildingelean• C ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., 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- rnent are not "mobile equipment' but will be consioered "autos:" (1) Equipment designed primarily for: (a) Snow - moval; (b) Road maintenance, but not construc- tion or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on autonyobiles or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators. including spraying, welding, building clean. ing geophysical exploration, lighting or well servicing equipment. 11. "Nuclear material" mean "source material," "special nuclear material," or "by-product raterial." ACU 03 pi 86 12. "Occurence{ Bans an accident including con- tinuous or repeated exposure to substaftally the same general harmful conditions. 13. "Personal injury" means injury, other than "bodily injury," arising out of one or more at the following offenses: a. False arrest detention or imprisatrnent; b. Malicious prosecution; c. Wrongful entry into, or eviction of a person from a room, dwelling-oL-pmnises that - the -person occupies; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's v organisation's goods, products or services; or e. Orbl or written publication of material that vio- lates a per'son's right of privacy. 14. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant including smoke; vapor; soot; fumes; acids; alkalis; chemicals and '"waste.""Waste" includes materials ttoberecycled, reconditioned or reclaimed. 15. a. "Products -completed operations hazard" in- cludes all "bodily injury" and "property darn - 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 con- tract has been completed. (2) When all 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 putto its intended use by any person or organization other than another contractor or subcontractor working on the same project, Work that may need service, maintenance, correc- tion, repairor replacement, but which is otherwise complete, will oe treated as compleW. c. This hazard does not include "bodily injury" or "property damage" arising out of. (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created bythe "loading or unloading" of it (2) The existence of tools, uninstalled equip• ment or abandomO or unused materials. 16. "Property damage" means: a. Pnys�icai injury to tangible propetty, including all resulting loss of use of that pncperty; or b. tosG of use of tangible property that is not physically injured. Page i of 8 COMMERCIAL UMBRELLA LIABILITY COVERAGE .3i + �o 17. "Retained limit" means the 1 'er of: ,a. The total of all insurance amounts available to the insured and applicable to any loss covered under this Coverage ?art; or b. The amounto!Self-Insured Retention asshown in the Umbrella Declarations of this policy regardless of any exhaustion of Limit(s) of Insurance available to the insured. "All insurance amounts available to the insured" as specified its -2--above-sh ff-include-not-only any insurance shown in Schedule of Underlying Insurance, of the Umbrella Declarations of this policy, but also any other valid and collectible insurance as specified in Condition 5, Other Insurance. 18. "Source material ""special nuclear material," and "by-product material" have the meaning given then in the Atomic Energy Act of 1954 or in any law amendatory thereof. 19. "Spent fuel' means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor," 20. "Suit" means a civil proceeding in which damages because of "advertising injury," "bodily injury," "personal injury" or "property damage" to which this insurance applies are alleged. "Sett" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 21. "Your product" means: a. Any goads or products, (other than real pro- perty,) manufactured, sold, handled, distribu- ted 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 fumished in connection, with such gtoods or products. "Your product" includes warranties or represents trons made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. and b. above, "Your product" does not include vending ma- chines or other property rented to or locatec for the use of others but not sold. i2, "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 war-mnties or reo►esentz• tfons maoe et any time with respect totne fitness, quality, curability or performance wf any of the items include: in e. or b. at>Dve. PaFe6OfE COMMERCIAL UN"IBRE.LLA LIABILITY COVERAGE 73. "Underlying IF. trance" means the coverage(s) afforded under insurance policies designated in the Schedule of Underlying Insurance of the Umbrella Declarations of this policy-, including any policies issued W replace these policies which include the same limits; same coverage; the same terms and conditions. 24. "Ultimate Net Loss" means the total amount of damages in excess of the "retained limit" for which_the.insured.is legatly.liatik in.Aayment of "bodily injury, "property damage,' "personal injury," or "advertising injury." "LlIbmate Net Loss" may be established by adjudication, arbitration, or a compromise settlement to which we have pre- viously agreed in writing. "Ultimate Net Loss" shall be reduced by any recoveries or salvages which have been paid or will be collected, but the amount of "Ultimate Net Loss" shall not include any expenses incurred by any insured, by us or by any "Underiying insurance" carrier. 25, "Waste" means any "waste" material (e) contain. ing "byproduct material" otherthan the tailings or "wastes" produced bythe extraction or concentra- tion of uranium or thorium trom any ore processed primarily for its "source material" content, and (b) resulting trom the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility" "Nuclear facility'' means: (a) Any "nuclear reactor," (b) Any equiomentor device designed or used for (1) separating the isotopes of uranium or plu• tonium, (2) processing or utilizing "spent fuel," or (3) handling, processing or packaging ..waste;" (c) Any equipment or device used forth€ pro ess- ing. fabricating or alloying of "special nuclear material- if ai anytime the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 fir arns of uranium 235; (d) Any structure, basin, excavation, prerises or place orepared or, used for the storage or dis wsai of "waste:" and includes the site on which any of the foregoing is lxmet, all operations conduLted on such site and all premises used for such oDerations. "Nuclear reactor" means any apparatus designed or used to sustain nuclearfission in a self-supDorl- ing chain reaction or to contain a critical mass of fissionable material;. "Froperty damage" includes all forms of radio- active cortzminatron of pmperty- 1.1