# EXCLUSIONS

This policy does not apply:

(a) to liability incurred by the insured under any contract or agreement except as to coverages A and C (1), a contract as defined herein or (2) as respects the insurance which is afforded for the Products Hazard as defined, a warranty of goods or products;

(b) to injury, sickness, death or destruction due to war, whether or not declared, or to any act of terrorism or revolution, or to any act or omission incident to any of the foregoing, with respect to (1) liabilities assumed by the insured under any contract or agreement or (2) expenses under Insuring Agreement II (b); (3);

(c) under coverages A and C, to any obligation for which the insured may have been held an action on a contract or an agreement by a person not a party thereto;

(d) under coverages A and C, except with respect to operations performed by independent contractors, and with respect to liabilities assumed by the insured under a contract as defined herein, to the ownership, maintenance, operation, use, loading or unloading of (1) watercraft if the accident occurs away from premises owned by, rented to or controlled by the named insured, except insurable as that part of this exclusion is stated in the declarations to be inapplicable, or (2) aircraft;

(e) under coverage A, to any liability imposed upon the insured or any indemnitee, as a person or organization engaged in the business of manufacturing, selling or distributing alcoholic beverages, or as an owner or lessee of premises used for such purposes, by reason of any statute or ordinance pertaining to the sale, gift, distribution or use of any alcoholic beverage;

(f) under coverage A, to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law;

(g) under coverage A, except with respect to liabilities assumed by the insured under a contract as defined herein, to bodily injury to or sickness, disease or death of any employee of the insured arising out of and in the course of his employment, or to bodily injury to other employees or employees whose injury arises out of an automobile covered by this policy and for whose injury benefits in whole or in part are not payable or required to be provided under any workmen's compensation law;

(h) under coverage B, to injury to or destruction of property owned or transferred to the named insured for safekeeping or charge of the insured other than a residence or private garage injured or destroyed by a private passenger automobile covered by this policy;

(i) under coverage C, except with respect to operations performed by independent contractors, and with respect to liabilities assumed by the insured under a contract as defined herein, to the ownership, maintenance, operation, use, loading or unloading of automobiles if the accident occurs away from premises owned by, rented to or controlled by the named insured or the ways immediately adjoining;

(j) under coverage C, to injuries to or destruction of (1) property owned or occupied by or rented to the insured, (2) except with respect to liability under subcontracts agreements, as defined in this policy, entered into by the insured, or (3) equipment removal liability under a subcontracts agreement, as defined in this policy, of the elevators or escalators at premises owned by, rented to or controlled by the named insured, in the care, custody or control of the named insured, as to which the insured for any purpose has assumed responsibility for any loss, damage or injury to any goods, products or containers thereof manufactured, stored, handled or distributed or premised alienated by the named insured, or work completed by or for the named insured, out of which the accident arises.

(k) under coverage C, to injury in or destruction of buildings or property owned or occupied by or rented to the named insured, caused by any of the following causes, if such cause occurs on or from premises owned by or rented to the named insured: (1) the discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air conditioning systems, or from hot water or steam or other domestic appliances, or any substance from automatic sprinkler systems, (2) the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems, (3) the collapse or fall of any structure, including a fireproof structure, through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; but this exclusion does not apply to loss due to fire, to the use of elevators or escalators or to operations performed by independent contractors.

(l) under coverage C, to injury to or destruction of any property arising out of (1) blasting or explosion, other than the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmission equipment, or (2) the collapse or fall of a structure, including a fireproof structure, due to (a) the grading of land excavating, borrowing, filling, back-filling, tunneling, pile driving, coffer-dam work or caisson work, or (b) to moving, shoring, underpinning, raising or demolition of a structure, or to the construction, alteration, rebuilding or repair of a structural support thereof; provided, however, this exclusion does not apply with respect to liability assumed by the insured under any contract covered by this policy, to operations performed by the named insured, to operations completed or abandoned within the meaning of paragraph 2 of the Products Hazard, and provided further that part (1) or part (2) of this exclusion does not apply to operations started, in the course of being started or in the company's manual, as not subject to such part of this exclusion;

(m) under coverage C, to injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property, or any apparatus in connection therewith, below the surface of the ground, unless such injury results from excavation or drilling using the usual mechanical equipment; provided, however, this exclusion does not apply with respect to liability assumed by the insured under any contract covered by this policy, to operations performed by the named insured, to operations completed or abandoned within the meaning of paragraph 2 of the Products Hazard, or to operations started, in the declarations or in the company's manual, as not subject to this exclusion.

**Conditions**

The conditions, except conditions 4, 5, 6, 7 and 9, apply to all coverages.

The advance premium stated in the declarations is an estimated premium. Upon termination of this policy, the estimated premium shall be computed according to the actual number of risks, rates, rating plans, premiums and minimum premiums applicable in this insurance. If the earned premium thus computed exceeds the estimated advance premium paid, the named insured shall pay the excess to the company; if less, the company shall return to the named insured the unearned portion paid by such insured.

When used as a premium basis:

(1) The word "admissions" means the total number of persons other than employees of the named insured, admitted to the event insured or to the construction of the premises, whether on paid admission tickets, complimentary tickets or passes;

(2) The word "cost" means the total cost to lay the named insured with respect to operations performed for the named insured during the policy period by independent contractors, including any indemnity with respect to any contract entered into this policy, of all work let or sublet in connection with each specific project, including the cost of all labour, materials and equipment furnished, used or delivered and put in use in the execution of such work, whether furnished directly or contracted for by a subcontractor including any fee allowances, bonuses or commissions made paid or due;

(3) The word "receipts" means the gross amount of money charged by the named insured for such operations by the named insured or his underinsuring the policy period as are rated on a receipts basis other than those other than those received from telecasting, broadcasting, motion pictures and industr

(4) The word "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named in