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COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY

Premises - Operations and Products - Completed Operations Coverage


(Cologne Re Form No. CGL 1286)

THIS POLICY PROVIDES CLAIMS MADE COVERAGE. Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the word “Company” refers to the insurer named in the Schedule. The word
“Insured” refers to the Insured named in the Schedule and means any person or organization qualifying as
an Insured under Section 2, of the policy.
Other words and phrases that appear in bold face print have special meaning. Refer to Section 6, of the
policy.

1. COVERAGE
1.1 Insuring Agreements
Subject to all the terms contained herein and endorsed hereon, the Company will indemnify the
Insured for those sums which the Insured will, as a result of conducting the insured business,
become legally liable to pay as damages for bodily injury or property damage caused by an
occurrence taking place in the coverage territory.
This insurance does not apply to bodily injury or property damage which takes place before
the Retroactive Date shown in Item 6 of the Schedule or which takes place after the policy
period.
This insurance applies to bodily injury and property damage only if a claim for damages
because of the bodily injury or property damage is first made in writing against any Insured
during the policy period. A claim by a person or organization seeking damages will be deemed
to have been made when written notice of such claim is received by any soured or by the
Company, whichever comes first. All claims for damages because of bodily injury to the same
person, including damages claimed by any person or organization for care, loss of services, or
death resulting at any time from the bodily injury, will be deemed to have been made at the time
the first of those claims is made against any Insured. All claims for damages because of
property damage causing loss to the same person or organization as a result of an occurrence
will be deemed to have been made at the time the first of those claims is made against any
Insured.
In the event of any bodily injury or property damage arising from continuous, intermittent or
repeated exposure to substantially the same general harmful conditions including, but not limited
to, continuous, intermittent or repeated inhalation, ingestion or application of any substance
and/or where the Named Insured and the Company cannot agree when the bodily injury or
property damage took place, then :
(a) bodily injury will be deemed to have taken place when the claimant first consulted a
qualified medical practitioner in respect of such injury; and
(b) property damage will be deemed to have taken place when it first became evident to the
claimant , even if the cause was unknown
The Company will have the right but not the duty to defend any suit seeking such damages in
accordance with Section 4.5 of the policy, but the amount that the Company will indemnify for
damages is limited as described in Section 3, of the policy. and the Company may investigate
any occurrence and settle any claim or suit at the Company’s discretion.
This insurance applies only to damages because of bodily injury or property damage which
are determined in a suit on the merits taking place in the coverage territory; or a claims
settlement which the Company agrees to; provided, however, the Company will in no event
agree to any claims settlements :
* which are effected within the United States of America, its territories or possessions, or
Canada ;
* which are made in contemplation of litigation taking place outside the coverage territory ; or
* with respect to which there is litigation pending or threatened to take place outside the
coverage territory.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly
provided for under Section 1.2 of the policy.
1.2 Claims Expense Payments
In addition to damages to which this insurance applies, the Company will indemnify the Insured
for claims expenses with respect to any claim or suit seeking such damages. As provided in
Section 3, of the policy, the Limits of Insurance are inclusive of claims expenses and therefore
the amount that the Company will indemnify for claims expenses reduces the Limits of
Insurance available for damages.
1.3 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) Bodily injury or property damage due to war, invasion, act of foreign enemy, hostilities,
civil war, insurrection, rebellion, revolution, mutiny, military or usurped power, riot, strike,
lockout, military or popular uprising, civil commotion, martial law or loot, sack or pillage in
connection therewith, confiscation or destruction by any government or public authority or
any act or condition incident to any of the above, whether war be declared or not.
(c) Fines, penalties, punitive damages, exemplary damages, treble damages or any other
damages resulting from the multiplication or compensatory damages.
(d) Property damage to the Insured’s product arising out it or any part of it.
(e) Property damage to the Insured’s work arising out of it or any part of it and included
within the products completed operations hazard.
(f) Damages claimed for any loss, cost or expense incurred by the Insured or others for the
loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or
disposal of the Insured’s product or the Insured’s work; if such product or work is
withdrawn 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.
(g) Bodily injury or property damage arising out of asbestiform talc, asbestos,
diethylstilbestrol, dioxin, intra uterine device, oral contraceptive, swine-flu vaccine, tobacco
or tobacco products, urea
formaldehyde; or any damages due to the effects of acquired immune deficiency
syndrome or hepatitis B.
(h) Bodily injury or property damage or any legal liability of any nature directly or indirectly
caused by or contributed to by or arising from :
* ionizing radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel ;
* the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear
assembly or any nuclear component thereof;
* any nuclear reactor, nuclear power station or plant, premises or facilities whatsoever
related to or concerned with the production of nuclear energy or the production or
storage or handling of nuclear fuel or nuclear waste; or
* any other premises or facilities eligible for insurance by any local nuclear pool and/or
association.
(i) Any obligation of the Insured under a worker’s compensation, disability benefits or
unemployment compensation law or any similar law.

(j) Bodily injury to an employee of the Insured or other person under contract of service or
apprenticeship with the Insured arising out of and in the course of the relationship with the
Insured ; or to the spouse, child, parent, brother or sister of that employee or other person
as a consequence of such bodily injury to that employee or other person.
This exclusion applies whether the Insured may be liable as an employer or in any other
capacity; and to any obligation to share damages with or repay someone else who must pay
damages because of the injury.
(k) Bodily injury or property damage arising out of the ownership, maintenance, use,
operation, loading, unloading or entrustment to others of any aircraft or watercraft owned
or operated by or rented or loaned to any Insured.
(l) Bodily injury or property damage caused by or in connection with or arising from the
ownership or possession or use by or on behalf of the Insured of any trailer or licensed
motor vehicle ; provided, however, that this exclusion does not apply to liability in respect
of the loading, unloading or collection of goods onto or from such trailer or licensed motor
vehicle.
(m) Bodily injury or property damage arising out of the rendering of or failure to render any
service of a professional nature including, but not limited to, the rendering of or failure to
render :
* medical, surgical, dental, x-ray or nursing service or treatment, or the furnishing of food
or beverages in connection therewith;
* any service or treatment intended to be conducive to health ;
* the furnishing or dispensing of drugs or medical, dental or surgical supplies or
appliances;
* professional services by architects, engineers, surveyors, accountants, lawyers or
insurance agents or brokers ; or
* data processing services.
(n) Bodily injury or property damage for which the Insured is obligated to pay damages by
reason of the assumption of liability, which would otherwise not attach, in a contract or
agreement.
(o) Bodily injury or property damage arising out of the actual, alleged or threatened
discharge, dispersal, release, seepage or escape of pollutants, or any loss, cost or
expense arising out of any direction or request, whether governmental or otherwise, that
the Insured evaluate, test for, monitor, clean up, remove, control, contain, treat, detoxify or
neutralize pollutants.
(p) Property damage to :
* property the Insured owns, rents or occupies ;
* premises the Insured sells, gives away or abandons, if the property damage arises
out of any part of those premises ;
* property loaned to the Insured ;
* personal property in the Insured’s care, custody or control ;
* property being loaded or unloaded (onto or from any aircraft, watercraft or licensed
motor vehicle) by the Insured if the property damage arises out of the loading or
unloading ;
* that particular part of any property on, at or with which the Insured or any contractors or
subcontractors working directly or indirectly on the Insured’s behalf are performing
operations, if the property damage arises out of those operations ; or
* that particular part of any property that must be restored, repaired or replaced because
the Insured’s work was incorrectly performed on it.
(q) Property damage to land, buildings or other structures caused by vibration, pile driving,
subsidence or demolition or resulting from the removal or weakening of support or claims
arising in consequence of such property damage.

2. PERSONS INSURED
If the Insured is designated in Item 1 of the Schedule as :
* an individual, the Insured and the Insured’s spouse are Insured, but only with respect to the
conduct of the insured business of which the Insured is the sole owner ;
* a partnership or joint venture, the Insured’s members, the partners in such partnership or joint
venture, and their spouses are also Insured’s, but only with respect to the conduct of the
insured business ;
* an organization other than a partnership or joint venture, the Insured’s executive officers and
directors are Insured, but only with respect to their duties as the Insured’s officers or
directors. The Insured’s stockholders are also Insured, but only with respect to their liability as
stockholders.
Each of the following is also an Insured :
(a) the Insured’s employees, other than the Insured’s executive officers, but only for acts
within the scope of their employment by the Insured. However, none of these employees is
an Insured for :
* bodily injury to the Insured or to a co-employee while in the course of his or her
employment ; or
* bodily injury arising out of his or her providing of failing to provide professional health
care or other professional services ; or
* property damage to property owned or occupied by or rented or loaned to that
employee, any of the Insured’s other employees or any of the Insured’s partners or
members (if the Insured is partnership or joint venture).
(b) any person or organization having proper temporary custody of the Insured’s property if
the Insured dies, but only with respect to liability arising out of the maintenance or use of
that property ; and until the Insured’s legal representative has been appointed.
(c) the Insured’s legal representative if the Insured dies, but only with respect to duties as
such. That representative will have all the Insured’s rights and duties under this policy.
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 Item 1 of the Schedule.

3. LIMITS OF INSURANCE
The Company will only be liable under this policy for damages and claims expenses in excess of
damages and claims expenses in the amount of any Insured’s Retained Amount. Only damages
and claims expenses which would be covered by this policy (if the terms of this policy were
satisfied) but for the amount of such damages and claims expenses may satisfy any Insured’s
Retained Amount.
The Limits of Insurance shown in Item 3 of the Schedule and the rules below specify the most the
Company will pay regardless of the number of :
* insureds;
* claims made or suits brought; or
* persons or organizations making claims or bringing suits.
Subject to the following paragraph, the Each Occurrence Limit stated in Item 3A of the Schedules
is the most the Company will pay in total for the sum of :
* all damages covered for all bodily injury and property damage arising out of any one
occurrence, and
* claims expenses in connection therewith.
The Aggregate Limit stated in Item 3B of the Schedule is the most the Company will pay in total for
the sum of all damages covered, and claims expenses in connection therewith, with respect to all
claims made during each policy year.
Any Insured’s Retained Amount and the Limits of Insurance with respect to each occurrence as
stated in the Schedule will apply regardless of the number of claims arising out of the same
occurrence.
4. CONDITIONS
The due observance and fulfilment of the terms of this policy in so far as they relate to anything to
be done or not to be done by the Insured, and the truth of all statements and information supplied to
the Company by the Insured will be conditions precedent to any liability of the Company to make
any payment under this policy.
4.1 Arbitration
All disputes between the Insured and the Company arising out of or with respect to this policy,
whether arising before or after termination of this policy, will be submitted to arbitration in the
manner set forth in the mandatory Arbitration Endorsement which is attached to and hereby made a
part of this policy.
4.2 Automatic Renewal
If the policy period set forth in Item 5 of the Schedule is at least one year, at the end of such period
and on each anniversary thereof, upon payment of the applicable premium, the policy period will
automatically be continued for another policy year unless written notice of termination is given by
the Insured or the Company in accordance with Section 4.4 of the policy.
If the policy period set forth in Item 5 of the Schedule is less than one year, the policy period will
terminate at the Expiration Date set forth in such Item 5.
4.3 Bankruptcy
Bankruptcy or insolvency of the Insured or of the Insured’s estate will not relieve the Company of
the Company’s obligations under this policy.
4.4 Cancellation
The first Named Insured shown in Item 1 of the Schedule or the Company may cancel this policy by
mailing or delivering written notice of cancellation to the other, at least ten (10) days before the
effective date of cancellation.
Notice of cancellation will state the effective date of cancellation. The policy period will end on that
date.
If this policy is cancelled, the Company will send the first Named Insured any premium refund due. If
the Company cancels, the refund will be pro rata. If the first Named Insured cancels, the refund will
be based on the following Short Rate Premium Table :
Months in Force Percentage of Annual Premium
up to ... per Item 9 of the Schedule
_____________ _________________________
1 25
3 50
6 75
12 100

The cancellation will be effective even if the Company has not made or offered a refund.
4.5 Defence
The Company will have the right, but in no case the obligation, to take over and conduct in the
name of the Insured the defence of any claim and will have full discretion in the conduct of any
proceedings and in the settlement of any claim and having taken over the defence of any claim may
relinquish the same. All amounts expended by the Company in the defence, settlement or payment
of any claim will reduce the Limits of Insurance in accordance with Section 3 of the policy.
In the event that the Company, in its sole discretion, chooses to exercise its right pursuant to this
condition, no action taken by the Company in the exercise of such right will serve to modify or
expand, in any manner, the Company’s liability or obligations under this policy beyond what the
Company’s liability or obligations would have been had it not exercised its rights under this
condition.
4.6 Duties in the Event of Occurrence, Claim or Suit
The Insured must notify the Company immediately of an occurrence which may result in a claim.
To the extent possible, notice should include :
(a) how, when and where the occurrence took place ;
(b) the names and addresses of any injured persons and witnesses ; and
(c) the nature and location of any injury or damage arising out of the occurrence
Notice of an occurrence is not notice of a claim. The Insured must notify the Company of any
impending prosecution, inquest or fatal accident enquiry. If a claim is received by any Insured the
Insured must immediately record the specifics of the claim and dated received; and immediately
notify the Company of the claim.
The Insured must :
* immediately send the Company copies of any demand, letter, writ, claim, process, notice,
summons or legal paper received in connection with the claim or suit;
* retain unaltered and unprepared any machinery, plant, appliances or things in any way causing
or connected with any event which might give rise to a claim under this policy for such times as
the Company may reasonably require.
Upon the Company’s request, the Insured must :
* authorize the Company to obtain records and other information;
* cooperate with the Company in the investigation, settlement or defence of the claim or suit; and
* assist the Company in the enforcement 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.
When there is an occurrence which may involve this policy, the Named Insured may, without
prejudice as to liability, proceed immediately with settlements and pay claims expenses with
respect to such settlements provided that such settlements and claims expenses, in their
aggregate, do not exceed any Insured’s Retained Amount listed in Item 4 of the Schedule. The
first Named Insured shown in Item 1 of the Schedule will promptly notify the Company of any such
settlements made.
Except as provided in the preceding paragraph, no Insured will, except at their own cost, voluntarily
make a payment, assume any obligation, or incur any expense without the Company’s consent.
4.7 Examination of the Insured’s Books and Records
The Company may examine and audit the Insured’s books and records as they relate to this policy
at any time during the policy period and within three years after termination of this policy or within
one year after final settlement of all claims arising out of any occurrence, notice of which was given
under this policy.
4.8 Inspections and Surveys
The Company has the right but is not obligated to :
* make inspections and surveys at any time ;
* give the Insured reports on the conditions that the Company finds; and
* recommend changes.
Any inspections, surveys, reports or recommendations relate only to insurability and the premiums
to be charged. The Company does not make safety inspections. The Company does not undertake
to perform the duty of any person or organization to provide for the health or safety of workers or the
public, nor does the Company warrant that conditions are safe or healthful; or comply with laws,
regulations, codes or standards.
4.9 Legal Action Against the Company
No person or organization has a right under this policy to joint the Company as a party or otherwise
bring the Company into a suit asking for damages from an Insured.
4.10 Notice
Any notice required to be given under this policy by
* the Named Insured will be given to the Company by mailing or delivering such notice to the
Company’s headquarters. Notice to the Company’s or Insured’s agent will not constitute notice to
the Company.
* the Company will be given by mailing or delivering such notice to the Named Insured first shown
in Item 1 of the Schedule at the address shown in such Item 1.
If notice is mailed, proof of mailing will be sufficient proof of notice.
4.11 Other Insurance
If other valid and collectible insurance is available to the Insured for a loss the Company covers
under this policy, other than insurance that is issued specifically as insurance in excess of the
insurance afforded by this policy, and irrespective of :
* when such other insurance incepts or terminates ;
* which insurer provides such other insurance ; and
* the basis on which such other insurance applies or is triggered;
this policy shall be excess of and shall not contribute with such other insurance. Nothing in this
policy shall be construed to make this policy subject to any of the terms of other insurance.
4.12 Policy Modifications
This policy contains all the agreements between the Insured and the Company concerning the
insurance afforded. The first Named Insured shown in Item 1 of the Schedule is authorized to make
changes in the terms of this policy with the Company’s consent. This policy’s terms can be
amended or waived only by endorsement issued by the Company and made a part of this policy.
4.13 Premium and Premium Adjustment
The first Named Insured shown in Item 1 of the Schedule is responsible for the payment of all
premiums; and will be the payee for any return premiums the Company pays.
The Company will compute all premiums for this policy in accordance with the Company’s rules and
rates in effect at the time of inception of the policy year to which such premiums apply.
Unless otherwise agreed, the premium for each policy year will be due and payable to the
Company within fourteen (14) days after the inception of each policy year. If the Named Insured
fails to pay the first premium due under this policy within such fourteen (14) day period, the
Company will send a premium payment reminder to the first Named Insured. In any case, the policy
will be void from the Inception Date if the first Named Insured fails to pay the first premium within
twenty-eight (28) days after the Inception Date.
If Item 9 of the Schedule specifies that the premium is an Annual Advance Premium, it is a deposit
premium only, and at the close of each policy year, the Company will adjust the premium by
computing the earned premium for that period. If the Annual Advance Premium paid for the policy
year is greater than the earned premium, the Company will return the excess to the first Named
Insured, subject to the minimum premium set forth in Item 9 of the Schedule. In the event of
termination of the policy during any policy year, the policy will be subject to the minimum premium
set forth in Item 9 of the Schedule pro-rated for the period during which the policy was in force. If the
earned premium for the policy year is greater than the Annual Advance Premium, the first Named
Insured will pay the difference, the “Adjustment Premium”, to the Company. Adjustment premiums
are due and payable on notice to the first Named Insured.
If Item 9 of the Schedule specifies that the premium is a Flat Premium, such premium will not be
subject to adjustment.
The first Named Insured must keep records of the information that the Company needs for premium
adjustment, and send the Company copies at such times as the Company may request.
4.14 Risk Alterations
The Insured must give immediate notice of any alterations which materially affect the risk covered
by this policy.
4.15 Risk Control
The Insured will take all reasonable care to prevent accidents and will maintain premises, plant and
everything used in the insured business in proper repair, employ only competent employees and
comply with all statutory obligations and regulations imposed by any authority. The Insured will
forthwith make good or remedy any defect or danger which becomes apparent, take reasonable
action at its own expense to trace, recall or modify any product containing such defect or danger
and take such additional precautions as the circumstances may require.
4.16 Terms
All statements made in the proposal for this policy and any material submitted therewith or required
thereby are the basis of this policy and, together with the Schedule and any endorsement to this
policy, are hereby deemed material and are incorporated into and constitute a part of this policy. Any
word or expression to which a specific meaning has been attached in any part of the policy will bear
such specific meaning wherever it may appear.
4.17 Transfer of Rights of Recovery Against Others to the Company
In the event of any payment under this policy, if the Insured has rights to recover all or part of any
payment the Company has made under this policy, those rights are transferred to the Company to
the extent of its payment. The Insured must do nothing to impair such rights. At the Company’s
request, the Insured will bring suit or transfer those rights to the Company and help the Company
enforce them.
4.18 Transfer of the Insured’s Rights and Duties under this Policy
The Insured’s rights and duties under this policy may not be transferred without the Company’s
written consent except in the case of death of an individual Named Insured.
4.19 Withdrawal
The Company may in the case of any claim or number of claims in respect of or arising out of any
occurrence pay to the Insured the amount of the Company’s applicable Limit of Insurance or any
lesser sum for which the claim or claims can be settled and the Company will thereafter be under no
further liability in respect thereof.

5. EXTENDED REPORTING PERIODS


5.1 The Company will provide one or more Extended Reporting Periods, as described below, if the
Company cancels this policy or the Company replaces this policy with insurance that :
* has a Retroactive Date later than the date shown in Item 6 of the Schedule ; or
* does not apply to bodily injury or property damage on a claims made basis.
Extended reporting periods do not apply to claims that are covered under any subsequent
insurance the Insured purchases, or that would be covered but for exhaustion of the amount of
insurance applicable to such claims.
5.2 An Automatic Extended Reporting Period is provided without additional charge. This period starts at
the end of the policy period and lasts for twenty-four (24) months for claims arising out of an
occurrence reported to the Company during the policy period in accordance with Section 4.6 of
the policy.
5.3 An Optional Extended Reporting Period is available, but only by an endorsement and for an
additional premium. This period starts at the end of the policy period and lasts for a maximum
period as stated in Item 7 A of the Schedule or twenty-four (24) months, whichever period is less.
The Optional Extended Reporting Period applies to claims arising out of occurrences which have
not been reported to the Company during the policy period. The additional premium for the
Optional Extended Reporting Period is that percent stated in Item 7 B of the Schedule of the
premium (including any Adjustment Premium in accordance with Section 4.13 of the policy) for the
latest policy year.
Unless the Named Insured gives the Company a written request for the Optional Extended
Reporting Period Endorsement prior to the end of the policy period; and pays the additional
premium when due; the Optional Extended Reporting Period will not go into effect.
5.4 Extended Reporting Periods do not extend the policy period or change the scope of coverage
provided. They apply only to claims for injury or damage that occurs before the end of the policy
period (but not before the Retroactive Date, if any, shown in Item 6 of the Schedule). Claims for
such injury or damage which are first made in writing against any Insured during the Automatic
Extended Reporting Period (or during the Optional Extended Reporting Period, if it is in effect) will
be deemed to have been made on the last day of the policy period. Once in effect, Extended
Reporting Periods may not be cancelled.
5.5 Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any
claim to which this policy applies and the available Limits of Insurance applicable to the latest
policy year shall also apply to claims reported during any Extended Reporting Periods.

6. DEFINITIONS
6.1 Aircraft means any heavier than air or lighter than air aircraft designed to transport any person or
property, missile, spacecraft or hovercraft.
6.2 Bodily injury means bodily injury, sickness or disease sustained by a person, including death
resulting from any of these at any time.
6.3 Claims expenses means :
* all reasonable and necessary legal fees and other expenses incurred by the Insured in
accordance with Section 4.6 of the policy or with the consent of the Company or by the Company
on behalf of the Insured, in the investigation, adjustment, settlement or defense of any claim,
excluding all salaries of the Insured’s employees, officers and directors and office expenses;
* all costs taxed against the Insured in the suit;
* pre-judgment interest awarded against the Insured on that part of any judgment the Company
pays; provided that, if the Company makes an offer to pay the applicable Limit of Insurance, the
Company will not pay any pre-judgment interest based on that period of time after such offer;
and
* all interest on the full amount of any judgment that accrues after entry of the judgment and
before the Company has paid, offered to pay, or deposited in court the part of the judgment that
is within the applicable Limit of Insurance.
6.4 Coverage territory means the country of location of the insured business; provided, however,
with respect to trips connected with the insured business, coverage territory means anywhere in
the world except the United States of America , its territories or possessions, or Canada.
6.5 Insured business means :
* the ownership, maintenance or use of premises which are designated in Item 2.1 of the
Schedule;
* operations of the Insured which are designated in Item 2.1 of the Schedule;
* the provision and management of canteen, social, sports and welfare organizations for the
benefit of employees;
* first aid, fire and ambulance services in relation to the premises and operations designated in the
first two subdivisions of this section, respectively; and
* private work carried out by any employee of the Insured for any individual or organization
qualifying as an Insured under Section 2, of the policy.
6.6 Insured’s product :
* means any goods or products, other than real property, manufactured, sold, handled, distributed
or disposed of by the Insured; others trading under the Insured’s name; or a person or
organization whose business or assets the Insured has acquired;
* means containers (other than licensed motor vehicles), materials, parts or equipment furnished
in connection with such goods or products;
* includes warranties or representations made at any time with respect to the fitness, quality,
durability or performance of any of the items included in the first two subdivisions of this section
and instruction or advice on the nature, use, or storage of the Insured’s products provided by
or on behalf of the Insured; and
* does not include vending machines or other property rented to or located for the use of others
but not sold.
6.7 Insured’s Retained Amount means any amount stated in Item 4 of the Schedule and applies as
indicated in such Item 4 and in accordance with Section 3, of the policy.
6.8 Insured’s work :
* means work or operations performed by or on behalf of the Insured;
* means materials, parts or equipment furnished in connection with such work or operations; and
* includes warranties or representations made at any time with respect to the fitness, quality,
durability or performance of any of the items included in the first two subdivisions of this section
and instruction or advice on the nature, use, or storage of the Insured’s work provided by or on
behalf of the Insured.
6.9 Licensed motor vehicle means any type of machine designed to travel on wheels or on self-laid
tracks and to be propelled by other than manual or animal power which is subject to licensing by a
public authority and/or compulsory motor-car insurance.
6.10 Occurrence means a fortuitous event, including continuous, intermittent, or repeated exposure to
substantially the same general harmful conditions.
For the purposes of this policy, where a series of and/or several bodily injuries and/or property
damages occur which are attributable directly or indirectly to the same defect of hazard or alleged
defect or hazard or failure to warn or event or condition or cause, all such bodily injuries and/or
property damages shall be added together and the total amount of such bodily injuries and/or
property damages shall be treated as one occurrence irrespective of the period or area over
which the bodily injuries and/or property damages occur.
6.11 Policy period means the period of time commencing on the Inception Date and terminating on the
Expiration Date shown in Item 5 of the Schedule, both days at 12.01 A.M. Standard Time at the
address of the Named Insured; provided, however, such period may automatically be continued in
accordance with Section 4.2 of the policy.
6.12 Policy year means a period of one year, within the policy period, commencing each year on the
day first named in Item 5 of the Schedule or, if the time between the Inception Date stated in Item 5
of the Schedule, or any anniversary thereof, and the termination date of this policy is less than one
year, then such lesser period.
6.13 Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke,
vapour, soot, fumes, acids, alkalis, chemicals and waste. The term “waste” as used in this definition
includes materials which are to be or are being recycled, reconditioned or reclaimed.
6.14 Products-completed operations hazard includes all bodily injury and property damage
occurring away from premises the Insured owns or rents and arising out of the Insured’s product
or the Insured’s work except :
* products that are still in the Insured’s physical possession; or
* work that has not yet been completed or abandoned.
Insured’s work will be deemed completed at the earliest of the following times :
* when all of the work called for in the Insured’s contract has been completed;
* when all of the work to be done at the site has been completed if the Insured’s contract calls for
work at more than one site; or
* when that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as completed.
This hazard does not include bodily injury or property damage arising out of the existence of
tools, uninstalled equipment or abandoned or unused materials.
6.15 Property damage means physical injury to tangible property, including all resulting loss of use of
that property.
6.16 Watercraft means any ship or vessel of whatever type including, but not limited to, cargo vessels,
passenger vessels, other vessels used for transport, towboats and barges, storage vessels, tanker
vessels, drill ships, offshore drilling platforms, and all other vessels of whatever nature and
description, all whether or not self-propelled.

ARBITRATION ENDORSEMENT
TO
COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY
Premises-Operations and Products-Completed Operations Coverage

It is understood and agreed that in accordance with Section 4.1 of the policy, the policy is subject to the
provisions of this endorsement.
1. Composition of Panel
Unless the Insured and the Company (hereafter referred to collectively as the “parties”) agree upon a
single arbitrator within fifteen (15) days after the receipt of a notice of intention to arbitrate, all disputes
will be submitted to an arbitration panel composed of two arbitrators and un umpire, chosen in
accordance with paragraph two (2) or paragraphs two (2) and three (3) of this endorsement.
2. Appointment of Arbitrators
The members of the arbitration panel will be disinterested, active or retired business executives or
attorneys having knowledge relevant to the matters in dispute. Unless a single arbitrator is agreed upon
by the parties, the party requesting arbitration (hereafter referred to as the “initiating party”) will appoint
an arbitrator and give written notice thereof, either by telex or by registered or certified mail, return
receipt requested, to the other party (hereafter referred to as the “responding party”), together with the
notice of intention to arbitrate. If there is more than one initiating party or responding party such parties
will act collectively as a single initiating party or single responding party for all purposes including giving
notice of intention to arbitrate or giving answer to such notice and appointing an arbitrator.
The notice of intention to arbitrate will state with specificity the full names and addresses of the parties,
the policy pursuant to which arbitration is sought, the nature of the dispute and the relief sought. Within
thirty (30) days after receiving the notice of intention to arbitrate, the responding party also will appoint
an arbitrator and notify the initiating party thereof in the same manner as above. Before instituting a
hearing, the two arbitrators so appointed will choose an umpire meeting the qualifications set forth in
this paragraph two (2).If, within twenty (20) days after the appointment of the arbitrator chosen by the
responding party or chosen in accordance with paragraph three (3) of this endorsement the two
arbitrators fail to agree upon the appointment of an umpire, the initiating party will petition the insurance
commissioner, superintendent or other chief regulatory official or the delegate thereof to appoint the
umpire. In the event that an arbitrator or the umpire withdraws from the panel or is unable to discharge
his or her duties by reason of death, illness or incompetence or otherwise, a replacement will selected
in the same manner as provided in the original appointment.
3. Failure of Party to Appoint Arbitrator
If the responding party fails to appoint an arbitrator within thirty (30) days after receiving notice of
intention to arbitrate, the initiating party will appoint such arbitrator who will then, together with the first
arbitrator appointed by the initiating party, choose an umpire as provided in the preceding paragraph
two (2).
4. Choice of Law and Forum
Any arbitration instituted pursuant to this endorsement will be held in the country of location of the
insured business and the laws of that jurisdiction will govern the interpretation and application of this
policy; provided, however, that the terms of this policy are to be construed in an even-handed fashion
as between the Insured and the Company; without limitation, where the language of this policy is
deemed to be ambiguous or otherwise unclear, the issue will be resolved in the manner most
consistent with the relevant terms (without regard to authorship of the language, without any
presumption or arbitrary interpretation or construction in favour of either the Insured or the Company)
and in accordance with the intent of the parties. In reaching any decision, the panel will give due
consideration to the customs and usages of the insurance industry.
5. Submission of Dispute to Panel
The initiating party will submit its initial brief within twenty (20) days from appointment of the umpire.
The responding party will submit its brief within twenty (20) days after receipt of the initiating party’s
brief and the initiating party may submit a reply brief within ten (10) days after receipt of the responding
party’s brief.
6. Procedure Governing Arbitration
All proceedings before the panel will be informal and the panel will not be bound by strict rules of legal
procedure or evidence. The panel will have the power to fix all procedural rules relating to the
arbitration proceeding by cross-examination and rebuttal will be allowed. The arbitration proceedings
will be conducted in the English language.
7. Arbitration Award
The arbitration panel will render its decision within sixty (60) days after termination of the arbitration
proceeding, which decision will be in writing and may state the reasons therefore. The decision of the
majority of the panel will be final and binding on the parties to the arbitration and may include interest at
appropriate market rate(s) and any costs of the arbitration, including a reasonable allowance for
attorney’s fees. Judgment may be entered upon the award in any court having jurisdiction thereof.
8. Cost of Arbitration
Each party will bear the expense of its own arbitrator and will jointly and equally bear with the other
party the expense of the umpire. In the event that both arbitrators are chosen by the initiating party, as
provided for in paragraph three (3) of this endorsement, the initiating party and the responding party will
each pay half of the expense of both arbitrators and the umpire. The remaining costs of the arbitration
proceeding will be allocated by the panel.

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