# Insert Declarations page (Part Two) here so that top edge butts against fold of Contract, and permits policy number to appear through window. ENDORSEMENTS, IF ANY, TO BE ATTACHED TO TOP OF PAGE 3.

## Conditions

### A. Definitions

1. **Advertising Liability** - The term "Advertising Liability" wherever used herein shall mean liability for damages because of:
   - libel, slander or defamation;
   - infringement of copyright or of title or of slogan;
   - piracy or unfair competition or idea misappropriation under an implied contract;
   - invasion of rights of privacy, which arises during the policy period, and arising out of the named insured's advertising activities.
2. **Aircraft** - The term "Aircraft," wherever used herein, shall mean any heavier than air or lighter than air aircraft designed to transport persons or property.
3. **Automobile** - The term "Automobile," wherever used herein, shall mean a land motor vehicle, trailer or semi-trailer.
4. **Completed Operations Hazard** - The term "Completed Operations Hazard" includes personal injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect to the portion of the work of which such personal injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the insured. "Operations" include materials, parts or equipment furnished by others. "Operations" shall be deemed completed at the earliest of the following times:
   - when all operations to be performed by or on behalf of the insured under the contract have been completed,
   - when the last operation is performed by or on behalf of the insured at the site of the operations have been completed, or
   - when the portion of the work out of which such personal injury or property damage arises has been accepted by the owner or any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project.
5. **Insured's Products** - The term "Insured's Products" shall mean goods or products manufactured, sold, handled or distributed by the insured or by others trading under his name, including any container thereof (other than a vehicle but "insured's products" shall not include a vehicle merely because it contains or is loaded with such products or materials).
6. **Occurrence** - The term "Occurrence" wherever used herein shall mean an accident, event, condition, or repeated exposure to conditions, which results, in personal injury, property damage or advertising liability neither expected nor intended from the standpoint of the insured.
7. **Personal Injury** - The term "Personal Injury" means:
   - sickness, disease, disability, shock, mental anguish and mental injury, including death at any time resulting therefrom; (b) false arrest, detention or imprisonment; (c) libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of rights of privacy, except when any of the foregoing of this part (c) arises out of the insured's right of private occupancy; and (e) assault and battery not committed by or at the direction of the insured, unless committed for the purpose of protecting persons or property; (f) mental distress does not constitute personal injury, any of the foregoing to be construed to include discrimination, whether actual or alleged.
8. **Products Hazard** - The term "Products Hazard" includes personal injury or property damage arising out of the insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the personal injury or property damage occurs away from premises owned by or rented to the insured and after physical possession of such products has been relinquished to others.
9. **Property Damage Liability** - The term "Property Damage Liability" shall mean liability for damages because of damage to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss is due to the occurrence of an accident.
10. **Ultimate Net Loss** - The term "Ultimate Net Loss" shall mean the sum actually paid or payable in cash in the settlement or satisfaction of loss for which the insured is liable either by adjudication or consent, subject to the written consent of the insured, or after proper deduction for all recoveries and salvage collectible, but excludes all loss expenses and legal expenses including attorneys' fees, court costs and interest on any judgment or award and all salaries of employees and office expenses of the insured, the company or any underlying insurer so incurred.
This policy shall not apply to defense, investigation, settlement or legal expenses covered by underlying insurance.
B. **Premium** - Unless stated otherwise to the contrary, the premium for this policy is the premium stated in item 4 of the Declarations except as provided in Condition P.
C. **Inspection and Audit** - The company shall be permitted but not obligated to inspect the premises of the insured and/or the property of the insured under 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 named insured or others, to determine or warrant that such property conditions are safe or healthful, or are in compliance with any law, rule or regulation.
The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and thereafter after the termination of this policy, as far as they relate to the subject matter of this insurance.
D. **Severability of Interests** - The term "insured" is used severally and not collectively except with respect to (a) joint agreements, (b) joint ownership, and (c) Condition J (Other Insurance). The inclusion in this policy of more than one insured shall not operate to increase the company's total liability for losses covered by this policy beyond the limits set forth in Insuring Agreement II.
E. **Insured's Duties in the Event of Occurrence, Claim or Suit**
   - (a) In the event of an occurrence, which appears reasonably likely to involve such coverage as is afforded by this policy, written notice containing particulars sufficient to identify the insured and also reasonably attainable information with respect to the time, place and circumstances thereof, together with the names and addresses of all known 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.
   - (b) If claim is made or suit is brought against the insured, the insured shall immediately notify the company of every demand, notice, summons or other process received by him or his representative.
   - (c) The insured shall cooperate with the company and, upon the company's request, shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses, except at his own expense, voluntarily make any payment, assume any obligation or incur any expense, however, in the event that the amount of ultimate net loss becomes certain either through trial or through agreement between the parties, the company shall not be called upon to assume charge of the settlement or defense of any claim made or proceeding instituted against the insured, unless the company have the right to become associated with the insured in the defense and control of any claim or proceeding reasonably likely to involve the company. In such event the insured and the company shall cooperate.
F. **Assistance and Cooperation** - Except as provided in Insuring Agreement II (Defense, Settlement) or Insuring Agreement IV (Retained Limit - Limit of Liability) with respect to the exhaustion of the retained limit (limit of liability), the company shall not be called upon to assume charge of the settlement or defense of any claim made or proceeding instituted against the insured, unless the company have the right to become associated with the insured in the defense and control of any claim or proceeding reasonably likely to involve the company. In such event the insured and the company shall cooperate.
G. **Appeals** - In the event the insured or the insured's underlying insurer elects not to appeal a judgment in excess of the retained limit, the company may elect to do so at its own expense, and shall be liable for the costs, disbursements and interest incidental to such appeal. Therein in no event shall the liability of the company for ultimate net loss exceed the amount set forth in Insuring Agreement IV (Retained Limit - Limit of Liability) for any one occurrence plus the taxable costs, disbursements and interest incidental to such appeal.
H. **Action Against the Company** - No action shall lie against the company with respect to any one occurrence unless, as a condition precedent thereto, the insured or the insured's underlying insurer has elected to appeal a judgment in excess of the retained limit, or until the amount of the insured's obligation to pay an amount of ultimate net loss in excess of the retained limit shall have been finally determined either by judgment against the insured after actual trial or by written agreement of

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