# Enhanced Commercial Umbrella Liability Policy

b. Any newly formed or acquired organization, other than a partnership, joint venture, or limited liability company, in which the first "Named Insured" shown in the Declarations maintains, either directly or indirectly, more than a fifty percent (50%) ownership interest.

However, with respect to 3b. above, the following conditions apply:

1.) Coverage under this provision is afforded only until the ninetieth (90th) day after:
   i. the acquisition or formation of the organization directly or indirectly by the first "Named Insured" shown in the Declarations as set forth in subparagraph 3.b. above, or
   ii. the end of the "policy period", whichever is earlier;
   unless we agree to continue the coverage beyond the ninetieth (90th) day.

2.) This insurance does not apply to "bodily injury" or "property damage" that occurred before the acquisition or formation of the organization directly or indirectly by such first "Named Insured" as set forth in subparagraph 3.b.;

3.) This insurance does not apply to "personal and advertising injury" arising out of an offense committed before the acquisition or formation of the organization directly or indirectly by such first "Named Insured" as set forth in subparagraph 3.b.; and

4.) We reserve the right to charge an additional premium if such organization qualifies as a "Named Insured".

- **"Nuclear facility" means:**
  1. Any "nuclear reactor";
  2. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "nuclear waste";
  3. Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if, at any time, 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 grams of uranium 235; or
  4. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "nuclear waste";
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

- **"Nuclear material" means "source material", "special nuclear material" or "by-product material".**

- **"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.**

- **"Nuclear waste" means any waste material (a) containing "byproduct material" other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility".**

- **"Occurrence" means:**
  1. With respect to "bodily injury" or "property damage", an accident, including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions shall be considered as arising out of the same "occurrence", regardless of the frequency or repetition thereof, or the number of claimants.