# Explosion Hazard

The "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the evolution of air or steam vessels, piping under pressure, prime movers, machinery, or power transmission equipment, or (2) arising out of operations performed by independent contractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract.

## Indirect Contractual Agreement

"Indirect contractual agreement" means any written or oral base of liability or statement of agreement entered into with respect to construction, installation operations on or below the surface of land, railroad, (3) undertaking to indemnify a municipality required by municipal ordinance except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement.

## Personal Insurance

Personal insurance means any policy of insurance qualifying as an insured in the policy limits of the applicable insurance coverage. The insurance afforded accrues separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability.

## Mobile Equipment

Mobile equipment means any vehicle and including any machinery or apparatus attached thereto whether or not self-propelled, subject to motor vehicle registration, and maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or used for the principal off public roads, and includes any vehicle or equipment for the sole purpose of transporting or carrying any of the following types of equipment forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers, and drills; concrete mixers; earth moving equipment; graders, scrapers, and bulldozers; road construction or repair equipment; air compressors; pumps and generators, including spraying, welding and building cleaning equipment and geophysical exploration and well servicing equipment.

## Named Insured

"Named insured" means the person or organization named in Item 1. of the declarations of this policy.

## Named Insured's Products

"Named insured's products" means goods or products manufactured, sold, handled, or distributed by the named insured or by others trading under his name, including any container thereof other than a vehicle, but "named insured's products" shall not include any product or article of the named insured's products which has been sold or delivered to another person or organization for the sole purpose of being resold or otherwise transferred to another person or organization.

## Premium

All premiums for this policy shall be computed in accordance with the company's rates rating plans, premiums and minimum premiums applicable to the insurance afforded herein.

Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited at the end of the earned period and at the end of the policy period. At the close of each period for thereof terminating with the end of the policy period designated in the declarations as the audit period the earned premium shall be computed for such period and upon notice thereof to the named insured, shall become due and payable. If total earned premium exceeds the advance premium then the premium paid by the named insured.

The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct.

## Inspection and Audit

The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company nor its agents make inspections nor the passing thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe.

The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance.

## Financial Responsibility Laws

When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability provided by such law. The insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph.

## Insured's Duties in the Event of Occurrence, Claim or Suit

In the event of an occurrence, claim or suit, the insured will promptly notify the company of the same and will give the company all information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. The named insured shall promptly notify the company of any loss sustained therefrom, and shall cooperate with the company in making settlement of the same or similar conditions, but such expenses shall not be recoverable under this policy.

If claim is made or suit is brought against the insured, the insured shall forthwith to the company every demand, notice, summons or other process received by him or his representative.

The insured shall cooperate with the company and upon the company's request, assist in making settlements in the conduct of the defense, and enter into any rights of contribution or subrogation which may be available to the company or any person or organization who may be liable to the insured because of bodily injury or property damage with respect to which insurance is afforded under this policy. The insured shall attend hearings, examinations, depositions, trials, and other proceedings giving evidence and obtaining the attendance of witnesses. The insured shall not except his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid and to others at the time of accident.

## Action Against Company

No action shall lie against the company unless a condition precedent thereof, namely, the determination of the amount of the insured's obligation to pay said claim, has been fully determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant, and the company.

Any person or organization who has a reasonable expectation of receiving payment from this policy to the extent of the insurance afforded by this policy, shall be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right to sue the company or its representatives against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal representative. Bankruptcy, insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder.

## Other Insurance

The insurance afforded by this policy is primary insurance, except as stated to be excess or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the amount of such other insurance.

When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the declarations.

## Contribution by Equal Shares

If all of such other valid and collectible insurance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the amount of such other insurance contributed by equal shares under any one policy limit of liability under any one policy. Each such insurer shall continue to contribute equal shares until the remaining insurers have paid their limits in full. 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loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its 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paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss paid by each such insurer has paid its limit in full, and the remaining insurers have paid their limits in full, the amount of the loss