# AMENDATORY ENDORSEMENT (COMMERCIAL UMBRELLA)

**POLICY NO.:** 8791601  
**EFFECTIVE DATE:** 1-10-77  
**AGENCY NO.:**

## Named Insured

This endorsement is effective concurrently with the effective date of the policy to which it is attached.

It is agreed that:

1. Exclusion (c) is deleted and the following substituted therefor:
   - (c) to loss of use of tangible property which has not been physically injured or destroyed resulting from:
     - (1) a delay in or lack of performance by or on behalf of the insured of any contract or agreement, or
     - (2) the failure of the insured's products or work performed by or on behalf of the insured to meet the level of performance, quality, fitness or durability warranted or presented by the insured;
   - but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the insured's products or work performed by or on behalf of the insured after such products or work have been put to use by any person or organization other than an insured;

2. The following additional exclusion (l) is added to the policy:
   - (l) This policy does not apply to personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritant, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental;

3. Section (1) of part V. PERSONS OR ENTITIES INSURED is amended to read as follows:
   - (1) if the named insured as designated in the Declarations is an individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business;

4. Definition 3. "Damages" is amended to read:
   - Damages includes damages for death and for care and loss of services resulting from personal injury and damages for loss of use of tangible property;

5. The second sentence of Condition 2. "Inspection and Audit" is deleted and the following substituted therefor:
   - Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule, or regulation;

6. The last sentence of section (a) of Condition 3. "Insured's Duties in the Event of Occurrence, Claim or Suit" is deleted.

7. The first sentence of the second paragraph of Condition 5. "Action against the Company" is deleted and the following substituted therefor:
   - Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder provided, however, in the event of such bankruptcy or insolvency, the determination of the limit of the company's liability shall continue to be predicated on the insured's retained limit, whether or not the amount of the insured's retained limit is paid.

## STATE EXCEPTIONS

Exclusion (l) is not applicable in the states of Maryland, New Hampshire, North Carolina and Vermont.

Countersigned by duly authorized agent

ZURICH INSURANCE COMPANY