HomeMy WebLinkAboutSpringfield Village Park Foundation Inc.
Augusta Richmond GA
DOCUMENT NAME: Spr'n9 heM J it I c-.~ :/)v-( Ie. -rov"~Ol'\ Tnc-
DOCUMENT TYPE: a 9 r e,eMLvl J.-
YEAR:
;A';JO \
BOX NUMBER: ))-
FILE NUMBER: / S Lfq I
NUMBER OF PAGES: 4--5
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Phase IV
May 14, 2001
STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
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THIS AGREEMENT made and entered thlS ~ day of ~'
2001, between Augusta, Georgia, acting by and through the Augusta-
Richmond County Commission, a political subdivision of the State of
Georgia (hereinafter referred to as the "County"), and SPRINGFIELD
VILLAGE PARK FOUNDATION, INC. (hereinafter referred to as the
"Organization");
WIT N E SSE T H:
WHEREAS, a Special County 1% Sales and Use Tax was
approved by the qualified voters of Richmond County in a referendum
held on September 19, 2000, effective January 1, 2001; and
WHEREAS, the Augusta-Richmond County Commission approved
a Resolution providing that the proceeds of the tax would be used
to include, inter alia, "capital outlay projects consisting of
recreational, cultural, and historical facilities"; and
WHEREAS, the Augusta-Richmond County Commission desires
to contract with the above named Organization to construct the
capital outlay project identified herein as the Springfield Village
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Phase IV
May 14, 2001
Park Foundation proj ect (hereinafter referred to as "proj ect") ,
which was a part of the Capital Improvement Plan approved by the
Augusta-Richmond County;
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreement between the parties, it is agreed as
follov"s:
1. The County agrees to appropriate the following sums
to the Organization for the purpose of constructing the Project,
to-wit:
$100,000.00 for the calendar year 2002; and
$100,000.00 for the calendar year 2003.
2. The Organization agrees to use such funds as may be
paid to it pursuant to this Agreement solely and exclusively for
the construction of the above described Project, which Project,
including the Project Budget, is more specifically described on
Exhibit A attached hereto and incorporated herein.
3. The Organization warrants and represents that the
estimated maximum cost of the Project as set forth in "Exhibit A"
is accurate in the best judgment of the Organization. The
Organization shall not use any portion of distributions received
from the County for any expense other than for capital costs
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Phase IV
May 14, 2001
associated with construction of the proj ect.
No costs of the
Orga~ization for personnel or indirect cost of the Organization
shall be charged against these funds. The Organization shall keep
any funds received from the County in a separate account from other
funds of the Organization and shall not comingle the County
distributions with other funds of the Organization prior to their
expenditure. The Organization shall maintain a record of each and
every expense for which the proceeds of the Tax are used. The
Organization shall submit to the County monthly accounting for all
funds received from the County, the amounts expended on the Project
during the term of this contract, including any amount expended on
such ?roject in the then current year, and the estimated percentage
of completion of said Project.
4. The County, including any auditors employed by
Richmond County, shall have the right to verify and test the
expendi tures of the Organization for the proj ect sufficient to
determine that the monies are being spent for the Project, and in
accordance with Georgia law regarding expenditures of Special
Purpose Local Option Sales Tax monies. Official representatives of
the County may, at reasonable times and upon reasonable notice to
the Organization, inspect the official records of the Organization
relating to this Project. The County shall also have the right to
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Phase IV
May 14, 2001
inspect the Project at any reasonable time for any purpose related
to the performance of any contract awarded, or to be bid upon, or
to be awarded, by the Organization for this Project.
5 .
The
County's
financial
obligation
to
the
Organization or to fund the construction of said Project shall not
exceed the amount set forth in this Agreement.
6. Each of the parties hereto warrants and represents
to the other than it will comply with all the requirements of the
laws of the State of Georgia, the provisions of this Agreement, and
will take such other actions as may be necessary to insure that the
validity of the collection and expenditure of the Special County 1%
Sales Use Tax shall be maintained throughout the period of this
Agreelnent and the period that the tax is to be imposed.
7. The Organization shall comply with the purchasing
policies of Augusta-Richmond County regarding advertising for bids,
securing bid, payment, and performance bonds, and contracting.
Payments to the contractor employed by the Organization shall be
made directly by the County, after having received certification
from the Organization and approval of the pay request up to the
maximum amount funded to the Organization by the County.
If the
total project cost exceeds the amount funded by the County the
Organj.zation shall provide proof of other funding sources. All
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Phase IV
May 14, 2001
other payments to the Organization shall be made only upon
presentation of verified invoices.
8 .
The Organization will maintain the
following
insurance during the performance of the Contract:
A. Comprehensive General Liability Insurance in force
at all times,
including Products/Completed Operations,
and
Automobile Liability Insurance in the combined single limits of
$1,000,000.
The coverage is intended to apply as primary and is
not affected by any insurance which the certificate holder may
carry in its own name.
The Organization shall maintain Worker's
Compensation and Employer's Liability Insurance for the benefit of
its w:>rkers.
The above requirements shall also extend to the
Organization's contractors and sub-contractors engaged in the
Project.
B. Prior to the commencement of work, the Organization
will provide the Augusta-Richmond County Commission with a
certificate of insurance evidencing the above coverage and as well
as shewing the Augusta-Richmond County Commission as "additional
insured".
9. All contracts between the Organization and the
contractor to construct the proj ect shall be submitted to the
County for approval, and shall contain a provision that the
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Phase IV
May 14, 2001
contract shall not be valid and binding upon the Organization until
approved by the Augusta-Richmond County Commission.
10. This Agreement constitutes the entire agreement
between the parties as to the matters described herein and may not
be amended except by an instrument in writing signed by the duly
authorized officers of each of the parties hereto.
11. Organization acknowledges that all records relating
to this Agreement and the services to be provided under the
agreenlent may be a public record subject to Georgia's Open Records
Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate
fully in responding to such request and making all records, not
exempt, available for inspection and copying as provided by law.
12. All claims, disputes and other matters in question
betweEn the County and the Organization arising out of or relating
to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The Organization, by
executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the
Superior Court of Richmond County, Georgia.
IN WITNESS WHEREOF, the County and Organization have
caused these presents to be executed by their respective duly
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Phase IV
May 14, 2001
authorized officials, the day and year first above written.
By: U-t.. .
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ORGANIZATION:
SPRINGFIELD VILLAGE PARK
FOUNDATION, INC.
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(. ~o?~ p.~c~s~~~ Group
Companion Property & Casualty Insurance Company
COMMERCIAL PACKAGE POLICY DECLARATION
Policy Number: PM3042688 00
Transaction Type: NEW
INSURED'S COPY I
Policy Period -12/28/2000 through 12/28/200112:01 AM Standard Time at the address of the insured as stated herein.
Named Insured ai d dr ss A enc 00 030
. SPRINGFIELD VILLAGE PARK JSUHARISON-KERZIC, INC.
FOUNDATION, INC. P. O. BOX 211110
POBOX 1010 AUGUSTA, GA 30917
AUGUSTA GA 30903 A ent#: 706-737-8811
This policy consists of the following coverage parts for which a premium is indicated. The premium may be subject to audit by
the company.
Coveraae(s\ Included in Policv Premium
Commercial Property Coverage $0
Comprehensive General Liability Coverage $2,255
Employee Benefit Liability $0
Commercial Crime Coverage $0
Inland Marine Coverage $0
Boiler & Machinery Coverage $0
Total Policy Premium: $2,255
In Return For The PClyment Of The Premium, And Subject To All The Terms Of This Policy, We Agree With You To Pro-
vide The Insurance As Stated In This Policy. This Policy Supersedes Any Previous Policy Bearing The Same Number
And Policy Period.
Payment Method:
This is a direct bill policy.
Premium payable at inception: $902.00. The balance will be billed in 2 installments of $676.50 each.
countersigned this
ISSUED 12/29/2000
Issuing office-ColLmbia SC
day of
20
~w.~'
Authorized Representative
PPEAR
CPPDEC1
Issue Date: 12/29/20100
, ,
Page 2
POLICY SCHEDULE OF NAMES AND ADDRESSES
Policy Number: PM3042688 00 Policy Period: 12/28/2000 TO 12/28/2001
Named Insured: SPRINGFIELD VILLAGE PARK
LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUpy
Location: 1 Address: REYNOLDS & JONES ST.
,State Zi : AUGUSTA, GA 30904
ssue Date: 12/29/2000
. . .
Page 3
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION
Policy Number: PM3042688 00 Policy Period: 12/28/2000 TO 12/28/2001
Named Insured: SPRINGFIELD VILLAGE PARK
AUDIT FREQUENCY: A
FORM OF BUSINESS:
LIMITS OF INSURANCE
General Aggregate Limit (Other Than Products - Completed
Operations
Products - Completed Operations Aggregate Limit
Each Occ:urrence Limit
Personal and Advertising InjurY Limit
Fire Damage Limit, Any One Fire
Medical Expense Limit
Total General Liability Coverage Part Premium
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$50,000
$5,000
$2,255
Issue Date: 12/29/2000
Page 4
COMMERCIAL GENERAL LIABILITY CLASSIFICA liON SCHEDULE
This schedule lists all your premises, operations and other exposures, as they exist as of the coverage effective date.
Location: 1 Address: REYNOLDS & JONES ST.
Ci ,State Zi : AUGUSTA, GA 30904
Class: 47051 REAL ESTATE DEVELOPMENT PROPERTY
Covera e: PREMOP Ex osure: 2 Ex osure Basis: T
Rate: 7.600
Premium: $15
Location: 1 Address: REYNOLDS & JONES ST.
Ci ,State Zi : AUGUSTA, GA 30904__
Class: 91581 CONTRACTORS -SUBWORK -CONST,RE-,REPAIR,ERECT -NOT BLDGS{NOC}
Covera e: PREMOP Ex osure: 1,300,000 Ex osure Basis: CRate: 0.471 Premium: $612
Location: 1
Address: REYNOLDS & JONES ST.
Ci ,State Zi : AUGUSTA, GA 30904
Class: 91581
Covera e: PRODCO Ex osure: 1,300,000
Ex osure Basis: C
Rate: 1.252
Premium: $1,628
Issue Date: 12/29/2000
: '
Form Number
IL0017
IL0021
CG0001
NPHCPPN
CG2147
CG2149
CG2160
IL9962
Issue Date: 12/29/200:0
Form Date
11-98
04-98
01-96
00-00
10-93
01-96
09-98
12-95
Page 5
POLICY FORMS DECLARATIONS
Form Description
COMMON POLICY CONDITIONS
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)
COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
Y2K PROBLEM AND YOUR INSURANCE COVERAGE
EMPLOYMENT-RELATED PRACTICES EXCLUSION
TOTAL POLLUTION EXCLUSION ENDORSEMENT
EXCLUSION-YEAR 2000 COMPUTER RELATED AND OTHER ELECTRONIC PROBL
GEORGIA CHANGES - CANCELLATION AND NON-RENEWAL
. .
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION D. INSPECTIONS AND SURVEYS
1. The first Named Insured shown in the Decla- We have the right but are not obligated to:
ratiom; may cancel this policy by mailing or
delivering to us advance written notice of 1. Make inspections and surveys at any time;
cancellation. 2. Give you reports on the conditions we find;
and
2. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 1 C' days before the effective date of
cancellation if we cancel for nonpayment
of premium; or
b. 30 days before the effective date of
cc:ncellation if we cancel for any other
reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known
to us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will
end on that date.
5. If this policy is cancelled, we will send the
first Named Insured any premium refund
due. If we cancel, the refund will be pro rata.
If the first Named Insured cancels, the refund
may be less than pro rata. The cancellation
will be effective even if we have not made or
offered a refund.
6. If notice is mailed, proof of mailing will be
sufficient proof of notice.
B. CHANGES
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy's
terms can be amended or waived only by en-
dorsement issued by us and made a part of this
policy.
C. EXAMINPITION OF YOUR BOOKS AND
RECORDS
We may e:xamine and audit your books and
records as they relate to this policy at any time
during the porcy period and up to three years after-
ward.
3. Recommend changes.
Any inspections. surveys, reports or recommen-
dations relate only to insurability and the premi-
ums to be charged. We do not make safety in-
spections. We do not undertake to perform the
duty of any person or organization to provide for
the health or safety of workers or the public. And
we do not warrant that conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or
standards.
This condition applies not only to us, but also to
any rating, advisory, rate service or similar or-
ganization which makes insurance inspections,
surveys, reports or recommendations.
E. PREMIUMS
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premi-
ums; and
2. Will be the payee for any return premiums
we pay.
F. TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS POLICY
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.
If you die, your rights and duties will be trans-
ferred to your legal representative but only while
acting within the scope of duties as your legal repre-
sentative. Until your legal representative is ap-
pointed, anyone having proper temporary custody of
your property will have your rights and duties but
only with respect to that property.
IL0017119U
Copyright, Insurance Services Offices, Inc., 1998
o 0 00013 00000
"
INTERLINE
IL 00 21 04 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTIO>J LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF
TRANSPORTATION
UNDERGROUND STORAGE TANK POLICY
1.The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With mspect to which an "insured" under the
policy is also an insured under a nuclear
energy liability policy issued by Nuclear En-
ergy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters, Nu-
clear Insurance Association of Canada or
any of their successors, or would be an in-
sured under any such policy but for its ter-
mination upon exhaustion of its limit of li-
ability; or
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in-
jury" resulting from the "hazardous properties"
of "nuclear material" and arising out of the op-
eration of a "nuclear facility" by any person or
organization.
c. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from
"hazardous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on be-
half of, an "insured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in "spent
fuel" or "waste" at any time possessed,
handled, used, processed, stored, trans-
ported or disposed of, by or on behalf of an
"insured"; or
(2) Resulting from the "hazardous properties" of
"nuclear material" and with respect to which
(a) any person or organization is required to
maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law
amendatory thereof, or (b) the "insured" is,
or had this policy not been issued would be,
entitled to indemnity from the United States
of America, or any agency thereof, under
any agreement entered into by the United
States of America, or any agency thereof,
with any person or organization.
IL 00 21 04 98 Copyright, Insurance Services Office, Inc.,
1997
o 0 00013 00000
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any
"nuclear facility", but if such facility is lo-
cated within the United States of America,
its territories or possessions or Canada, this
exclusion (3) applies only to "property dam-
age" to such "nuclear facility" and any prop-
erty thereat.
2. As used in this endorsement:
"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material",
"Special nuclear material" or "by-product material".
"Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel com-
ponent, solid or liquid, which has been used or ex-
posed to radiation in a "nuclear reactor".
'Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or or-
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nuclear
facility" .
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) 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 pack-
aging "waste";
(c) Any equipment or device used for the proc-
essing, 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 pluto-
nium or uranium 233 or any combination
thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises or
place prepared or used for the storage or
disposal of "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 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.
"Property damage" includes all forms of radioac-
tive contamination of property.
IL 00 21 04 98
Copyright, Insurance Services Office, Inc., 1997
o 0 00013 00000
COMMERCIAL GENERAL LIABILITY
CG 00 01 01 96
COMNIERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declara-
tions, and any other person or organization qualifying
as a Named Insured under this policy. The words
"we", "us" and "our" refer to the company providing
this insurance.
The word "insured" means any person or organiza-
tion qualifying as such under WHO IS AN INSURED
(SECTION II).
Other words and phrases that appear in quotation
marks have special meaning. Refer to DEFINITIONS
(SECTION V).
SECTION I - COVERAGES
COVERAGE A" BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of "bodily injury" or "property dam-
age" to which this insurance applies. We will
have the, right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "bodily injury" or "property damage" to
which this insurance does not apply. We may,
at our discretion, investigate any "occurrence"
and s~ttle any claim or "suit" that may result.
But:
(1) The amount we will pay for damages is
limited as described in LIMITS OF
INSURANCE (SECTION III); and
(2) Our right and duty to defend end when we
have used up the applicable limit of insur-
ance in the payment of judgments or set-
tlements under Coverages A or B or medi-
cal e:<penses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under
SUPPLEMENTARY PAYMENTS
COVERi\GES A AND B.
CG 00 01 01 9Ei
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory"; and
(2) The "bodily injury" or "property damage"
occurs during the policy period.
c. Damages because of "bodily injury" include
damages claimed by any person or organiza-
tion for care, loss of services or death result-
ing at any time from the "bodily injury".
2. Exclusions
This insurance does not apply to:
a. Expected or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a con-
tract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs sub-
sequent to the execution of the contract or
agreement. Solely for the purposes of li-
ability assumed in an "insured contract",
reasonable attorney fees and necessary
litigation expenses incurred by or for a
party other than an insured are deemed to
be damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost of,
that party's defense has also been as-
sumed in the same "insured contract";
and
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(b) Such attorney fees and litigation expenses
are for defense of that party against a
civil or alternative dispute resolution
proceeding in which damages to which
this insurance applies are alleged.
f. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of pollutants:
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to,
any insured;
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the han-
dling, storage, disposal, processing or
treatment of waste;
(c) Which are or were at any time transported,
handled, stored, treated, disposed of,
or processed as waste by or for any in-
sured or any person or organization for
whom you may be legally responsible;
or
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic . beverages to a
person under the legal drinking age or un-
der the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of alco-
holic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, sell-
ing, serving or furnishing alcoholic beverages.
d. Workers Compensation and Similar Laws
Any obligation of the insured under a workers
compensation, disability benefits or unem-
ployment compensation law or any similar
law.
(d) At or from any premises, site or location on
which any insured or any contractors or
subcontractors working directly: or indi-
rectly on any insured's behalf are per-
forming operations:
(i) If the pollutants are brought on or to the
premises, site or location in con-
nection with such operations by
such insured, contractor or subcon-
tractor; or
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of
the insured's business; or
(ii) If the operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of
pollutants.
(2) The spouse, child, parent, brother or sister of
that "employee" as a consequence of
paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay dam-
ages because of the injury.
This exclusion does not apply to liability as-
sumed by the insured under an "insured con-
tract" .
CG 00 01 01 96
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Subparagraph (d)(i) does not apply to
"codily injury" or "property damage"
arising out of the escape of fuels, lubri-.
cants or other operating fluids which
are needed to perform the normal
electrical, hydraulic or mechanical
functions necessary for the operation of
"mobile equipment" or its parts, if such
fuels, lubricants or other operating flu-
ids escape from a vehicle part de-
signed to hold, store or receive them.
This exception does not apply if the fu-
els, lubricants or other operating fluids
are intentionally discharged, dispersed
or released, or if such fuels', lubricants
or other operating fluids are brought on
or to the premises, site or location with
the intent to be discharged, dispersed
or released as part of the operations
bHing performed by such insured, con-
tractor or subcontractor.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or property
for a charge;
(3) Parking an "auto" on, or on the ways next to,
premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured con-
tract" for the ownership, maintenance or
use of aircraft or watercraft; or
Subparagraphs (a) and (d)(i) do not apply
to "bodily injury" or "property damage"
arising out of heat, smoke or fumes from a
hostile fire.
As used in this exclusion,' a "hostile fire
means one which becomes uncontrollable
or breaks out from where it was intended
to be.
(2) Any loss, cost or expense arising out of any:
(a) Reque8t, demand or order that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or neu-
tralize, or in any way respond to, or as-
sess the effects of pollutants; or
(b) Claim or suit by or on behalf of a govern-
mental authority for damages because
of testing for, monitoring, cleaning up,
removing, containing, treating, detoxi-
fying or neutralizing, or in any way re-
sponding to, or assessing the effects of
pollutants.
Pollutants means any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes materi-
als to be recycled, reconditioned or reclaimed.
g. Aircraft, Auto or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
(5) "Bodily injury" or "property damage" arising
out of the operation of any of the equip-
ment listed in paragraph f.(2) or f.(3) of the
definition of "mobile equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented
or loaned to any insured; or
(2) The use of "mobile equipment" in, or while in
practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i.War
"Bodily injury" or "property damage" due to
war, whether or not declared, or any act or
condition incident to war. War includes civil
war, insurrection, rebellion or revolution. This
exclusion applies only to liability assumed un-
der a contract or agreement.
j.Damage to Property
"Property damage" to:
(1) Property you own, rent, or occupy;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
CG 00 01 01 96;
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(5) That particular part of real property on which
you or any contractors or subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
(6) That particular part of any property that must
be restored, repaired or replaced because
"your work" was incorrectly performed on
it.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
Paragraphs (3), (4), (5) and (6) of this exclu-
sion do not apply to liability assumed under a
sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included. in the
"products-completed operations hazard".
k. Damage to Your Product
"Property damage" to "your product" arising
out of it or any part of it.
I.Damage to Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products-completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m.Damage to Impaired Property or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or danger-
ous condition in "your product" or "your
work"; or
(2) A delay or failure by you or anyone acting on
your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your prod-
uct" or "your work" after it has been put to its
intended use.
n. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or ex-
pense incurred by you or others for the loss of
use, withdrawal, recall, inspection, repair, re-
placement, adjustment, removal or disposal
of:
(1) ''Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or tempo-
rarily occupied by you with permission of the
owner. A separate limit of insurance applies to
this coverage as described in LIMITS OF
INSURANCE (Section III).
COVERAGE B. PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of "personal injury" or "advertising
injury" to which this insurance applies. We will
have the right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal injury" or "advertising injury" to
which this insurance does not apply. We may,
at our discretion, investigate any "occurrence"
or offense and settle any claim or "suit" that
may result. But:
(1) The amount we will pay for damages is
limited as described in LIMITS OF
INSURANCE (SECTION III); and
(2) Our right and duty to defend end when we
have used up the applicable limit of insur-
ance in the payment of judgments or set-
tlements under Coverages A or B or medi-
cal expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under
SUPPLEMENTARY PAYMENTS
COVERAGES A AND B.
CG 00 01 01 96
b. This insurance applies to:
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(1) "Personal injury" caused by an offense aris-
ing out of your business, excluding adver-
tising, publishing, broadcasting or tele-
casting done by or for you;
(2) "Advertising injury" caused by an offense
committed in the course of advertising
your ~loods, products or services;
but only if the offense was committed in the
"coverage territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. "Personal injury" or "advertising injury":
(1) Arising out of oral or written publication of
material, if done by or at the direction of
the insured with knowledge of its falsity;
(2) Arising out of oral or written publication' of
mate:'ial whose first publication took place
before the beginning of the policy period;
(3) Arising out of the willful violation of a penal
statu':e or ordinance committed by or with
the consent of the insured;
(4) For which the insured has assumed liability
in a contract or agreement. This exclusion
does not apply to liability for damages that
the insured would have in the absence of
the contract or agreement; or
(5) Arising out of the actual, alleged or threat-
ened discharge, dispersal, seepage, mi-
gration, release or escape of pollutants at
any time.
b. "AdvertiBing injury" arising out of:
(1) Breact: of contract, other than misappropria-
tion of advertising ideas under an implied
contract;
(2) The failure of goods, products or services to
conform with advertised quality or per-
formance;
(3) The wrong description of the price of goods,
prod Jcts or services; or
(4) An offense committed by an insured whose
business is advertising, broadcasting, pub-
lishing or telecasting.
c. Any los!" cost or expense arising out of any:
(1) Request, demand or order that any insured
or others test for, monitor, clean up, re-
mOVI3, contain, treat, detoxify or neutralize,
or in any way respond to, or assess the
effects of pollutants; or
CG 00 01 01 96
(2) Claim or suit by or on behalf of a govern-
mental authority for damages because of
testing for, monitoring, cleaning up, re-
moving, containing, treating, detoxifying or
neutralizing, or in any way responding to,
or assessing the effects of pollutants.
Pollutants means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
COVERAGE C. MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an acci-
dent:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported to
us within one year of the date of the acci-
dent; and
(3) The injured person submits to examination,
at our expense, by physicians of our
choice as often as we reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay rea-
sonable expenses for:
(1) First aid administered at the time of an acci-
dent;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, professional
nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. To any insured.
b. To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
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c. To a person injured on that part of premises
you own or rent that the person normally oc-
cupies.
d. To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a
workers compensation or disability benefits
law or a similar law.
e. To a person injured while taking part in ath-
letics.
f. Included within the "products-completed op-
erations hazard':.
g. Excluded under Coverage A.
h. Due to war, whether or not declared, or any
act or condition incident to war. War includes
civil war, insurrection, rebellion or revolution.
SUPPLEMENTARY PAYMENTS - COVERAGES' A
ANOB
We will pay, with respect to any claim we investigate
or settle, or any "suit" against an insured we defend:
1. All expenses we incur.
2. Up to $250 for cost of bail bonds required be-
cause of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily
Injury Liability Coverage applies. We do not have
to furnish these bonds.
3. The cost of bonds to release attachments, but
only for bond amounts within the applicable limit
of insurance. We do not have to furnish these
bonds.
4. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
defense of the claim or "suit", including actual
loss of earnings up to $250 a day because of time
off from work.
5. All costs taxed against the insured in the "suit".
6. Prejudgment interest awarded against the insured
on that part of the judgment we pay. If we make
an offer to pay the applicable limit of insurance,
we will not pay any prejudgment interest based
on that period of time after the offer.
7. All interest on the full amount of any judgment
that accrues after entry of the judgment and be-
fore we have paid, offered to pay, or deposited in
court the part of the judgment that is within the
applicable limit of insurance.
These payments will not reduce the limits of insur-
ance.
If we defend an insured against a "suit" and an in-
demnitee of the insured is also named as a party to
the "suit", we will defend that indemnitee if all of the
following conditions are met:
a. The "suit" against the indemnitee seeks damages
for which the insured has assumed the liability of
the indemnitee in a contract.or agreement that is
an "insured contract";
b. This insurance applies to such liability assumed
by the insured;
c. The obligation to defend, or the cost of the de-
fense of, that indemnitee, has also been assumed
by the insured in the same '''insured contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that no
conflict appears to exist between the interests of
the insured and the interests of the indemnitee;
e. The indemnitee and the insured ask us to con-
duct and control the defense of that indemnitee
against such "suit" and agree that we can assign
the same counsel to defend the insured and the
indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, set-
tlement or defense of the "suit";
(b) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the "suit";
(c) Notify any other insurer whose coverage is
available to the indemnitee; and
(d) Cooperate with us with respect to coordinat-
ing other applicable insurance available to
the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related
to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
CG 00 01 01 96
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Our obligation to defend an insured's indemnitee and
to pay for attorneys fees and necessary litigation
expenses as Supplementary Payments ends when:
a. We have used up the applicable limit of insurance
in the payment of judgments or settlements; or
b. The conditicns set forth above, or the terms of the
agreement described in paragraph f. above. are
no longer met. . .
(a) To you, to your partners or members (if you
are a partnership or joint venture), to
your members (if you are a limited li-
ability company), or to a co-"employee"
while that co-"employee" is either in the
course of his or her employment or
performing duties related to the con-
duct of your business;
(b) To the spouse, child, parent, brother or sister
of that co-"employee" as a conse-
quence of paragraph (1 )(a) above;
(c) For which there is any obligation to share
damages with or r~pay someone else
who must pay damages because of the
injury described in paragraphs (1 )(a) or
(b) above; or
(d) Arising out of his or her providing or failing to
provide professional health care serv-
ices.
So long as the above conditions are met, attorneys
fees incurred by us in the defense of that indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the indem-
nitee at our request will be paid as Supplementary
Payments. Notwithstanding the provisions of para-
graph 2.b.(2) of COVERAGE A - BODILY INJURY
AND PROPERTY DAMAGE LIABILITY (Section 1-
Coverages), such payments will not be deemed to be
damages for "bodily injury" and "property damage"
and will not reduce the limits of insurance.
1. If you are designated in the Declarations as:
a. An individual, you, and your spouse are in-
sureds, but only with respect to the conduct of
a business of which you are the sole owner.
b. A partnl~rship or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an in-
sured. Your members are also insureds, but
only with respect to the conduct of your busi-
ness. Your managers are insureds, but only
with respect to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and di-
rectors are insureds. but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
2. Each of the following is also an insured:
a. Your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or lim-
ited liability company) or your managers (if
you are a limited liability company), but only
for acts within the scope of their employment
by you or while performing duties related to
the conduct of your business. However, none
of these "employees" is an insured for:
(1) "Bodily injury" or "personal injury":
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control of,
or over which physical control is being
exercised for any purpose by
you, any of your "employees", any partner
or member (if you are a partnership or joint
venture), or any member (if you are a lim-
ited liability company).
b. Any person (other than your "employee"), or
any organization while acting as your real es-
tate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That repre-
sentative will have all your rights and duties
under this Coverage Part.
SECTION 11- WHO IS AN INSURED
CG 00 01 01 9()
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3. With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your per-
mission. Any other person or organization re-
sponsible for the conduct of such person is also
an insured, but only with respect to liability arising
out of the operation of the equipment, and only if
no other insurance of any kind is available to that
person or organization for this liability. However,
no person or organization is an insured with re-
spect to:
a. "Bodily injury" to a co-"employee" of the per-
son driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an in-
sured under this provision.
4. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain owner-
ship or majority interest, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal in-
jury" or "advertising injury" arising out of an
offense committed before you acquired or
formed the organization.
No person or organization is an insured with respect
~o. the conduct of any current or past partnership,
JOint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION'" - LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declara-
tions and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
CG 00 01 01 96
b. Damages under Coverage A, except damages
because of "bodily injury" or "property dam-
age" included in the "products-completed op-
erations hazard"; and
c. Damages under Coverage B.
3. The Products-Completed Operations' Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products-
completed operations hazard".
4. Subject to 2. above, the Personal and Advertising
Injury Limit is the most we will pay under Cover-
age B for the sum of all damages because of all
"personal injury" and all "advertising injury" sus-
tained by anyone person or organization.
5. Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property dam-
age" arising out of anyone "occurrence".
6. Subject to 5. above, the Fire Damage Limit is the
most we will pay under Coverage A for damages
because of "property damage" to premises, while
rented to you or temporarily occupied by you with
permission of the owner, arising out of anyone
fire.
7. Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by anyone person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for pur-
poses of determining the Limits of Insurance.
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obliga-
tions under this Coverage Part.
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2. Duties In Tlhe Event Of Occurrence, Offense,
Claim Or SlUit
a. You mUHt see to it that we are notified as soon
as prac':icable of an "occurrence" or an of-
fense which may result in a claim. To the ex-
tent possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury qr.
damage arising out of the "occurrence" or .
offerse.
b. If a claim is made or "suit" is brought against
any inslred, you must:
(1) Immediately record the specifics ofthe clqim
or "suit" and the date received; and
(2) Notify IJS as soon as practicable.
You must see to it that we receive written no-
tice of the claim or "suit" as soon as practica-
ble.
c. You and any other involved insured must:
(1) Immeciately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or "suit"; .
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the enforce-
ment of any right against any person or or-
gani:z:ation which may be liable to the in-
sured because of injury or damage ,to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
. obligation, or incur any expense, other than
for first aid, without our consent.
3. Legal Actil)n Against Us
No person or organization has a right under this
Coverage Part:
a. To join IJS as a party or otherwise bring us into
a "suit" asking for damages from an insured;
or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages t.hat are not
payable under the terms of this Coverage Part or
that are in excess of the applicable limit of insur-
ance. An agreed settlement means a settlement
and release of liability signed by us, the insured
and the claimant or the claimant's legal repre-
sentative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when b. be-
low applies. If this insurance is primary, our
obligations are not affected unless any of the
other insurance is also primary. Then, we will
share with all that other insurance by the
method described in c. below.
b.Excesslnsurance
This insurance is excess over any of the other
insurance, whether primary, excess, contin-
gent or on any other basis:
(1) That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) That is Fire insurance for premises rented to
you or temporarily occupied by you with
permission of the owner; or
(3) If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of Cov-
erage A (Section I).
When this insurance is excess, we will have
no duty under Coverages A or B to defend the
insured against any "suit" if any other insurer
has a duty to defend the insured against that
"suit". If no other insurer defends, we will un-
dertake to do so, but we will be entitled to the
insured's rights against all those other insur-
ers.
When this insurance is excess over other in-
surance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
CG 00 01 01 96
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(1) The total amount that all such other insur-
ance would pay for the loss in the absence
of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
. c. ..Method of Sharing
If all of the other insurance permits contribu-
tion by equal shares, we will follow this
method also. Under this approach each in-
surer contributes equal amounts until it has
paid its applicable limit of insurance or none of
the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contrib-
ute by limits. Under this method, each in-
surer's share is based on the ratio of its appli-
cable limit of insurance to the total applicable
limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will com-
pute the earned premium for that period.
Audit premiums are due and payable on no-
tice to the first Named Insured. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned pre-
mium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium compu-
tation, and send us copies at such times as
we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
b. Those statements are based upon represen-
tations you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against
Others To Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The in-
sured must do nothing after loss to impair them.
At our request, the insured will bring "suit" or
transfer those rights to us and help us enforce
them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the ex-
piration date.
If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
SECTION V - DEFINITIONS
1. "Advertising injury" means injury arising out of
one or more of the following offenses:
a. Oral or written publication of material that
slanders or libels a person or organization or
disparages a person's or organization's
goods, products or services;
b. Oral or written publication of material that
violates a person's right of privacy;
c. Misappropriation of advertising ideas or style
of doing business; or
d. Infringement of copyright, title or slogan.
2. "Auto" means a land motor vehicle, trailer or
semitrailer designed for travel on public roads, in-
cluding any attached machinery or equipment.
But "auto" does not include "mobile equipment".
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.
4. "Coverage territory" means:
CG 00 01 01 96
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a. The United States of America (including its
. territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, provided the
injury or damage does not occur in the course
of travel or transportation to or from any place
not included in a. above; or
c. All parts of the world if:
(1) The injury or damage arises out of:
(a) Goods or products made or sold by you in
the territory described in a. above; or
(b) The activities of a person whose home is in
the territory described in a. above, but
is away for a short time on your busi-
nBss;and
(2) The imiured's responsibility to pay damages
is determined in a "suit" on the merits, in
the tl3rritory described in a. above or in a
settlement we agree to.
5. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker" .
6. "Executive officer" means a person holding any of
the officer positions created by your charter, con-
stitution, by-laws or any other similar governing
document.
7. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective, defi-
cient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreElment;
if such property can be restored to use by:
a. The repair, replacement, adjustment or re-
moval of "your product" or "your work"; or
b. Your fulfilling the terms of the contract or
agreem'3nt.
8. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or or-
ganization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
CG 00 01 01 96
.
c. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you.. assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization.
Tort liability means a liability that would be
imposed by law in the absence of any contract
or agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of con-
struction or demolition operations, within
50 feet of any railroad property and affect-
ing any railroad bridge or trestle, tracks,
road-beds, tunnel, underpass or crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to prepare or
approve, maps, shop drawings, opin-
ions, reports, surveys, field orders,
change orders or drawings and specifi-
cations; or
(b) Giving directions or instructions. or failing to
give them, if that is the primary cause
of the injury or damage; or
(3) Under which the insured, if an architect,
engine~r or surveyor, assumes liability for
an injury or damage arising out of the in-
sured's rendering or failure to render pro-
fessional services, including those listed in
(2) above and supervisory, inspection, ar-
chitectural or engineering activities.
9. "Leased worker" means a person leased to you
by a labor leasing firm under an agreement be-
tween you and the labor leasing firm, to perform
duties related to the conduct of your business.
"Leased worker" does not include a "temporary
worker" .
10. "Loading or unloading" means the handling of
property:
Copyright, Insurance Services Office, Inc., 1994
..
o 0 00013 00000
a. After it is moved from the place where it is
accepted for movement into or onto an air-
craft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
C. While it is being moved from an aircraft, wa-
tercraft or "auto" to the place where it is finally
delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or "auto".
11. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on cr~wler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in a" b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a" b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the fol-
lowing types of permanently attached equip-
ment are not "mobile equipment" but will be
considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) ,Road maintenance, but not construction or
resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
12. "Occurrence" means an accident, including con-
tinuous or repeated exposure to substantially the
same general harmful conditions.
13. "Personal injury" means injury, other than "bodily
injury", arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private occu-
pancy of a room, dwelling or premises that a
person occupies by or on behalf of its owner,
landlord or lessor;
d. Oral or written publication of material that
slanders or libels a person or organization or
disparages a person's or organization's
goods, products or services; or
e. Oral or written publication of material that
violates a person's right of privacy.
14. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property dam-
age" occurring away from premises you own
or rent and arising out of "your product" or
"your work" except:
(1) Products that are still in your physical pos-
session; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your con-
tract has been completed.
(b) When all of the work to be done at the job
site has been completed if your con-
tract calls for work at more than one job
site.
CG 00 01 01 96
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o 0 00013 00000
(c) When that part of the work done at a job site
has been put to its intended use by any
pe."son or organization other than an-
other contractor or subcontractor
werking on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treatej as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled equip-
ment or abandoned or unused materials;
or
(3) Products or operations for which the classifi-
cation, listed in the Declarations or in a
policy schedule, states that products-
completed operations are subject to the
General Aggregate Limit.
15. "Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the
"occurrence" that caused it.
16. "Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage",
"personal injury" or "advertising injury" to which
this insurance applies are alleged. "Suit" in-
cludes:
a. An arbitrc:,tion proceeding in which such dam-
ages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution pro-
ceeding i.1 which such damages are claimed
and to which the insured submits with our
consent.
~
18. "Your product" means:
a. Any goods or products, other than real prop-
erty, manufactured, sold, handled, distributed
or disposed of by:
(1) You;
(2) Others trading under your name; or
(3) A person or organization whose business or
assets you have acquired; and
b. Containers (other than vehicles), materi;3ls,
parts or equipment furnished in connection
with such goods or products. "
"Your product" includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, dura-
bility, performance or use of "your product";
and
b. The providing of or failure to provide warnings
or instructions.
''Your product" does not include vending ma-
chines or other property rented to or located for
the use of others but not sold.
19. "Your work" means:
a. Work or operations performed by you or on
your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.
"Your work" includes:
a. Warranties or representations made at any
time with respect to the fitness, quality, dura-
bility, performance or use of "your work"; and
b. The providing of or failure to provide warnings
or instructions.
17 . "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994
. .
. .
o 0 00014 00000
YE:AR 2000 PROBLEM AND YOUR INSURANCE COVERAGE
POLICYHOLDER NOTIFICATION
NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED
TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND
REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES
YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS
SUMMARY, THE PROVISIONS OF THE POLICY SHALL PREVAIL.
THIS NOTICE HAS BEEN PREPARED IN CONJUNCTION WITH THE IMPLEMENTATION OF
CHANGES TO YOUR POLICY. THIS NOTICE PROVIDES INFORMATION CONCERNING YOUR
INSURANCE COVERAGE FOR BODILY INJURY, PROPERTY DAMAGE, AND PERSONAL INJURY
AND ADVERTISING INJURY (OR PERSONAL AND ADVERTISING INJURY IF DEFINED AS SUCH
IN YOUR POLICY) RESULTING FROM COMPUTER-RELATED OR OTHER ELECTRONIC
PRODUCTS FAILURE TO RECOGNIZE THE CHANGE TO THE YEAR 2000.
PLEASE READ THIS NOTICE CAR~FULL Y.
When the year 2000 arrives, it is anticipated that many computer systems will fail to work. This
is because they have been programmed to read only the last two digits of dates. The first two
digits are assumed to be 19. Hence, today, a computer "sees" 97, and assumes that the year
is 1997. Whl3n the year 2000 arrives, it will only read the 00, and then may assume that the
year is 1900. For example, if an individual was born in 1970, the computer would calculate
their age in 1999 as:
99-70=29
In the year 2000, the age would be calculated as:
00-70=-70
This problem is critical because programmers who are capable of fixing this problem are be-
coming scarce and the problem has to be corrected before the year 2000. Uncorrected I re-
sulting losse:; may range from lost or corrupted data to damaged inventory. For example,
some computers that monitor perishable inventory may destroy inventory as being too old or
spoiled when in actuality, the inventory has not expired. The owner of such destroyed property
may take legal action against the company that designed or programmed their computerized
inventory system. There could be bodily injury claims as well. Computerized medical equip-
ment may read dates incorrectly and malfunction causing injury to patients who rely on them.
Computer systems may cause pharmacies to refuse to refill prescriptions because they're read
as expired.
Your individual business may be affected by the change to the year 2000. Each computer,
computer-related system or other electronic product may experience problems, and the size,
number and kind of problems can vary greatly. These problems could range from the failure of
a mainframe computer system to function to a sprinkler system that automatically goes off at
the change to the year 2000. Since each situation is unique, it is not possible to predict the
possible computer-related and other electron problems that you may experience due to the
change to the year 2000. It is important that you examine and evaluate your current situation
on an individual basis. In many situations it may be necessary for a professional computer
consultant to analyze computers, computer-related systems and other electronic products for
year 2000 compliance. It may be prudent to consult such a professional.
NPHCPPn8
o 0 00014 00000
GENERAL LIABILITY
Endorsement CG 21 60 Exclusion - Year 2000 Computer Related and Other Electronic
Problems. - This endorsement excludes coverage for liability arising out of any injury or dam-
age related to any computer or other electronic equipment's inability to correctly recognize,
process, distinguish, interpret or accept the year 2000 and beyond. This exclusion will apply
regardless of whether the computer or other electronic product or device (including computer
chips) belongs to you or to others, orhas been incorporated into your products or the products
of others.
COMMERCIAL AUTO
EndorsemenfCA 2518 Exclusion - Year 2000 Computer-Related And Other Electronic
Problems - This endorsement excludes coverage for all liability arising out of a computer or
computer-related actual or alleged failure, malfunction, inadequacy or inability to correctly rec-
ognize, distinguish, interpret or accept the year 2000 and beyond.
GARAGE
Endorsement CA 25190998 Exclusion - Year 2000 Computer-Related And Other Elec-
tronic Problems - Products/Work You Performed. This endorsement excludes coverage for
problems associated with the change to the year 2000 and beyond arising out of the products
and completed operations only. This exclusion does not apply to incidents occurring on your
premises or to your ongoing operations.
COMMERCIAL FIRE, BOILER AND MACHINERY, AND CRIME POLICIES.
Endorsement IL 0935 EXCLUSION OF CERTAIN COMPUTER-RELATED LOSSES - This
exclusion explicitly states that coverage is not provided for loss caused by a computer's inabil-
ity, or that of computerized or other electronic equipment, to property recognize a particular
date or time. An example of this is a loss caused by the inability of the computer to recognize
the year 2000 (Y2K). However, coverage is provided under certain circumstances: If the
computer's inability to recognize a date or time results in a covered cause of loss - for exam-
ple, fire -- the loss resulting from that fire will be covered.
COMMERCIAL INLAND MARINE
Endorsement IM-12 72 CALENDAR DATE OR TIME FAILURE EXCLUSION - This endorse-
ment explicitly states that coverage is not provided for loss caused by a computer's inability, or
that of computerized or other electronic equipment, to properly recognize a particular date or
time. An example of this is a loss caused by the inability of the computer to recognize the year
2000 (Y2K). However, coverage is provided under certain circumstances: If the computer's
inability to recognize a date or time results in a covered cause of loss - for example, fire -- the
loss resulting from that fire will be covered.
NPHCPPn8
o 0 00014 00000
COMMERCIAL GENERAL LIABILITY
CG 21 47 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The followi"lg exclusion is added to paragraph 2.,
Exclusions of COVERAGE A - BODILY INJURY
AND PROPERTY DAMAGE LIABILITY (Section I
- CoveragEls):
This insurance does not apply to:
"Bodily inju:y" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
(c) Employment-related practices, policies, acts
or omissions, such as coercion, demo-
tion, evaluation, reassignment, disci-
pline, defamation, harassment, humilia-
tion or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "bodily
injury" to that person at whom any of the
employment-related practices described in
paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whethl3r the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay dam-
ages because of the injury.
B. The following exclusion is added to paragraph 2.,
Exclusions of COVERAGE B - PERSONAL AND
ADVERTISING INJURY LIABILITY (Section I -
Coverages):
This insurance does not apply to:
"Personal injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
(c) Employment-related practices, policies, acts
or omissions, such as coercion, demo-
tion, evaluation, reassignment, disci-
pline, defamation, harassment, humilia-
tion or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or sister of
that person as a consequence of "personal
injury" to that person at whom any of the
employment-related practices described in
paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay dam-
ages because of the injury.
CG21471093
Copyright, Insurance Services Office, Inc., 1992
o 0 00015 00000
COMMERCIAL GENERAL LIABILITY
CG 21 49 01 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOTAL POLLUTION EXCLUSION ENDORSEMENT
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
Exclusion f. under paragraph 2., Exclusions of
COVERAGE A - BODILY INJURY AND PROPERTY
DAMAGE LIABILITY (Section I - Coverages) is re-
placed by the following:
This insurance does not apply to:
f. Pollution
(1) "Bodily injury" or "property damage" which
would not have occurred in whole or part but
for the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of pollutants at any time.
(2) Any 10~is, cost or expense arising out of any:
(a) Reque:,t, demand or order that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of
pollu'!ants; or
(b) Claim or suit by or on behalf of a govern-
mental authority for damages because of
testing for, monitoring, cleaning up, remov-
ing, containing, treating, detoxifying or neu-
tralizing, or in any way responding to, or as-
sessing the effects of pollutants.
Pollutants means any solid, liquid, gaseous, or
thermal irritant or contaminant including smoke,
vapor, soot, fumes, acid, alkalis, chemicals and
waste. Waste includes material to be recycled, re-
conditioned or reclaimed.
CG 21 49 01 96
Copyright, Insurance Services Office, Inc., 1994
o 0 00016 00000
COMMERCIAL GENERAL LIABILITY
CG 21 60 09 98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - YEAR 2000 COMPUTER-RELATED AND
OTHER ELECTRONIC PROBLEMS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.,
Exclusions of Section I - Coverage A - Bodily
Injury And Property Damage Liability and Para-
graph 2., Exclw3ions of Section I - Coverage B -
Personal And J\dvertising Injury Liability:
2. Exclusions
(2) Any other products, and any services, data
or functions that directly or indirectly use or
rely upon, in any manner, any of the items
listed in Paragraph 2.a.(1) of this en-
dorsement
This insurance does not apply to "bodily injury",
"property damage", "personal injury" or
"advertising injury" (or "personal and advertising
injury" if defi:1ed as such in your policy) arising di-
rectly or indirectly out of:
a. Any actual or alleged failure, malfunction or
inadequacy of:
(1) Any of the following, whether belonging to
any insured or to others:
(a) Computer hardware, including microproces-
sors;
due to the inability to correctly recognize,
process, distinguish, interpret or accept the
year 2000 and beyond.
b. Any advice, consultation, design, evalua-
tion, inspection, installation, mainte-
nance, repair, replacement or supervision
provided or done by you or for you to de-
termine, rectify or test for, any potential
or actual problems described in Para-
graph 2.a. of this endorsement.
(b) Compuler application software;
(c) Computer operating systems and related
software;
(d) Computer networks;
(e) Microprocessors (computer chips) not part of
any computer system; or
(f) Any other computerized or electronic equip-
ment or components; or
CG 21 60 09 98
Copyright, Insurance Services Office, Inc., 1998
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This endorsement changes the policy. Please read it carefully.
C~eorgia Changes ~ Cancellation and Non-Renewal
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LiABILITY COVERAGE PART
POLLUTIO:~ LIABILITY COVERAGE PART
PRODUCTS \ COMPLETED OPERATIONS LIABILITY COVERAGE PART
HEALTH c.<\RE FACILITIES PROFESSIONAL LIABILITY COVERAGE PART
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
GOLF COUR.SE COMPANION COVERAGE PART
COMMERCIAL UMBRELLA COVERAGE PART
1. CANCELLA nON CONDITIONS
The Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written
notice of cancellation stating a future date on which the policy is to be canceled, subject to the following:
a. If only the interest of the Named Insured is affected, the effective date of cancellation will be either the date we re-
ceive notice from the Named Insured or the date specified in the notice, whichever is later. However, upon receiv-
ing a written notice of cancellation from the Named Insured, we may waive the requirement that the notice state the
future (late of cancellation, by confirming the date and time of cancellation in writing to the Named Insured.
b. If by statute, regulation or contract this policy may not be canceled unless notice is given to a governmental agency,
mortgagee or other third party, we will mail or deliver at least 10 days notice to the first Named Insured and the
third party as soon as practicable after receiving the Named Insured's request for cancellation.
IL 99 62 12 95
Indudes material copyrighted by Insurance Services Office, Inc., 1995, with its permission.
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Our notice will state the effective date of cancellation, which will be the later of the following:
(1) 10 days from the date of mailing or delivering our notice, or
(2) The effective date of cancellation stated in the Named Insured's notice to us.
2. PREMIUM REFUND
a. If this policy is canceled, we will send the Named Insured any premium refund due.
b. If we cancel, the refund will be pro rata, except as provided in c. below.
c. If the cancellation results from failure of the Named Insured to pay, when due, any premium to us or any amount,
when due, under a premium finance agreement, then the refund may be less than pro rata. Calculation of the return
premium at less than pro rata represents a penalty charged on unearned premium.
d. If the Named Insured cancels, the refund may be less than pro rata.
e. The cancellation will be effective even if we have not made or offered a refund.
3. NOTICE TO THE INSURED
Ifwe decide to:
a. Cancel or non-renew this policy; or
b. Increase current policy premium by more than 15% (other than any increase due to change in risk, exposure or
experience modification or resulting from an audit ofauditable coverages); or
c. Change any policy provision which would limit or restrict coverage;
Then:
We will mail or deliver notice of our action (including the dollar amount of any increase in renewal premium of more
than 15% to the Named Insured and lienholder, if any, at the last mailing address known to us. Except as applicable as
described in 4. Residential Real Property below, we will mail or deliver notice at least:
a. 10 days before the effective date of cancellation if this policy has been in effect less than 60 days or if we cancel for
non-payment of premium; or
IL 99 62 12 95
Includes material copyrighted by Insurance Services Office, Inc., 1995, with its permission.
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b. 45 days before the effective date of cancellation if this policy has been in effect 60 or more days and we cancel for a
reason other than non-payment of premium; or
c. 45 days before the expiration date of this policy if we decide to non-renew, increase the premium or limit or restrict
coverage.
4. RESIDENTLU- REAL PROPERTY
The following provisions apply to insurance covering residential real property only if the Named Insured is a natural
person and coverage is provided under the COMMERCIAL PROPERTY COVERAGE PART:
With respect to such insurance, the following condition supersedes any provisions to the contrary:
a. When thi~; policy has been in effect for 60 days or less and is not a renewal with us, we may cancel for any reason by
notifying the Named Insured at least 10 days before the date cancellation takes effect.
b. When thili policy has been in effect for more than 60 days, or at any time if it is a renewal with us, we may cancel
only for one or more of the following reasons:
(1) Non-payment of premium, whether payable to us or to our agent;
(2) Upon. discovery of fraud, concealment of a material fact, or material misrepresentation made by or with the
knowledge of any person insured under this policy in obtaining this policy, continuing this policy or present-
ing a claim under this policy;
(3) Upon the occurrence of a change in the risk which substantially increases any hazard insured against; or
(4) Upon the violation of any of the material terms or conditions of this policy by any person insured under this
po]icy.
We may cancel by providing notice to the Named Insured at least:
o 10 days before the effective date of cancellation if we cancel for non-payment of premium; or
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o 45 days before the effective date of cancellation if we cancel for any of the reasons listed in (2), (3) or (4)
above.
IL 99 62 12 95
Includes material copyrighted by Insurance Services Office, Inc., 1995, with its permission.
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NOTICE
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The laws of the State of Georgia prohibits insurers from unfairly
discriminating against any person based upon his or her status as a
victim of family violence.