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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 . .. ... i. . ~ . 1 Phase IV May 14, 2001 STATE OF GEORGIA RICHMOND COUNTY AGREEMENT . sl ~ 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 1 ...... I. . . ' 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 2 . . '. r. . r 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 3 , . ". . j ] 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 4 ". . 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 5 I. ".. 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 6 Phase IV May 14, 2001 authorized officials, the day and year first above written. By: U-t.. . w~ ~~ rk ORGANIZATION: SPRINGFIELD VILLAGE PARK FOUNDATION, INC. By: As A~ As its 7 < 8 H !Xl H ~ r.:l 8 r.:l ~ Cl ~ !Xl - < H ~ ~ o r.:l ~ .. < 8 CI) ~ ~ ~ - ~ ~ r.:l ~ j ...:I H :> Cl ...:I r.:l H ~ ~ Z H ~ At CI) +J l:: Q) Q).!: J::+J Q) Q)ll-I J..l 0 .. <~~ ~o ~<~ /tl Q) 8J..l!Xl o 11l 't:l Q) Q) ~l::+J /tl<11l CI) . r-f J..l...:l 80 CI)~l1l 3't:l@ AtQ)+J Cl)l1lH ~ :> H HQ)H !Xl Q) Q) 11l~ 11l /tl r-I /tl .c: .r-f .c: At~At - Q) J..l ::1 +J /tl Q) ~ ~ /tl J..l ::1 +J () Q) +J .r-f .c: () J..l < I ~ /tl J..l ::1 +J p.. ~ ::1 () CI) - J..l o .0 J..l < ..c: 11l ::1 J..l !Xl . M 11l ~ o o At tJ'I l:: .r-f +J () Q) ~ ll-I Q) ~ . C\I 11l Q) .c: () l:: Q) lXl Q) 11l /tl .c: () J..l & . 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M r.:l Z i:; C\I M M M M C\I 0 0 0 0 0 0 0 0 0 0 0 0 C\I C\I C\I C\I C\I C\I J..l J..l J..l J..l J..l J..l Q) Q) Q) Q) Q) Q) Q) ~ ~ ~ ~ ~ ~ +J /tl Q) Q) Q) Q) Q) Q) Cl () () () () () () Q) Q) Q) Q) Q) Q) l:: Cl Cl Cl Cl Cl Cl ~ I I I I I I 0 >t ~ >t ~ ~ ~ Cl J..l J..l J..l J..l /tl /tl /tl /tl /tl /tl ~ ::1 ::1 ::1 ::1 ::1 ::1 /tl l:: l:: l:: l:: l:: l:: J..l /tl /tl /tl /tl /tl J..l /tl Cl Ij Ij Ij Ij 1j01j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .. .. .. .. .. 0 M 0 q< 0 to M q< to 0 M C\I to <f)o <f)o <f)o <f)o <f)o o o o .. [""- to 0\ <f)o ~ 0 00011 00000 (. ~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 Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 (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 Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 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; Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 (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: Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 (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. Copyright, Insurance Services Office, Inc., 1994 o 0 00013 0??oo 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 Copyright, Insurance Services Office, Inc., 1994 o 0 00013 0??oo 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() Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 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. Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 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 Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 (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 Copyright, Insurance Services Office, Inc., 1994 o 0 00013 00000 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 Copyright, Insurance Services Office, Inc., 1994 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 o 0 00017 00000 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. o 0 00017 00000 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. . . . ~ .; o 0 00017 00000 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 o 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. o , . ~ 'I- . . NOTICE " . . 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.