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ACORD GATE paMDDIYY)
CERTIFICATE OF LIABILITY INSURANCE

12/23/2020

THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy({ies) must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT Lisa Gordon
Cleary insurance Inc ONE... {617} 723-0700 TAG, Noy: (617) 723-7275
226 Causeway Street AppRESS; '90rdon@clearyinsurance.com
INSURER(S) AFFORDING COVERAGE NAIC &
Boston MA 02114-2155 INSURERA:; "Win City Fire Insurance Co. 29459
INSURED INsuRER Be: Hartford Fire Insurance Co. 19682
Mass Crane & Hoist Services, Inc. INSURER ¢: Hartford Insurance Co. of MW 37478
500-1 Potash Hill Road iInsuRER Dp; Houston Casualty Company 42374
INSURER E; llinois Union Insurance Company 27960
Tyngsborough MA 01879 IASURER F :
COVERAGES CERTIFICATE NUMBER: 2020 LIABILITY REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TOALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

ee TYPE OF INSURANCE oe AWD mE POLICY NUMBER ia aD Brey) (aa aa en LIMITS
><] COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000
| cramsmave [><] occur PREMISES (ea onourence) | $ 1000,000
>< BVPD Ded: $25,000 MED EXP (Any ona person) s 10,000
A [><] XCU Y O8CESOF 4039 0701/2020 | 07/01/2021 | personal aabvinsuRy | § 1:000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s_ 2,000,000
POLICY Fee [><] Loc PRODUCTS-coMPIOPAGG | 2,000,000
OTHER: $
; COMBINED SINGLE LIMIT
| AUTOMOBILE LIABILITY (Ea accident) $ 1,000,006
><] ANY AUTO BODILY INJURY (Per person) | $
|_| OWNED SCHEDULED
B |_| Auras OnLy Soros ¥ OBUENAA1544 07/01/2020 | 07/01/2021 | BODILY INJURY (Per accident) | $
HIRED NON-OWNED PROPERTY DAMAGE 3
|__| AUTOS ONLY AUTOS ONLY | (Per accident)
s
i> UMBRELLA LIAB > occur | EACH OCCURRENCE gs 10,000,000
A EXGESS LIAB CLA MADE OBHUSL3670 07/01/2020 | 07/01/2021 |, Gonecate 5 10,000,000
pep | ><] retention ¢_ 10,000 s
WORKERS COMPENSATION PER O1r-
AND EMPLOYERS’ LIABILITY VIN >< Starure Len 7000000
© [AT CoonmtaeR EMCLuoee? NIA oBwecMest1 07/01/2020 | 07/01/2021 | E4-EACHACCIDENT $
(Mandstory In NH) EL. DISEASE - EAeMPLOvEE | $_1-000,000
IFyes, describa under 7,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT | $s UUYYE
Professional Liability 1,000,000
Professional Liability
D.E | Pollution Liability HCC2067492 / CPYG27415738 | 07/01/2020 | 07/01/2021 | Pollution Liability 1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedules, may be attached if more space Is required)
Ory Well Hoist Replacement IFB1093-122920

City of Nashya, New Hampshire is included as Additional Insureds on a primary and non-contributory basis with respect to General Liability and Auto Liability
when required by written contract or agreement and per the terms of insurance coverage form HGO001 09/16 & HD 99 02 09/12.

Notice of Cancellation 30 day notice will be provided to Certificate Holder other than for non-payment of premium. 10 day notice will be provided for
non-payment of premium.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

City of Nashua, New Hampshire ACCORDANCE WITH THE POLICY PROVISIONS.
229 Main Street

AUTHORIZED REPRESENTATIVE
Nashua NH 03060 chum ket

© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and fogo are registered marks of ACORD

a

COMMERCIAL 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
Declarations, and any other person or organization
qualifying as a Named insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.

The word "insured" means any person’ or
organization qualifying as such under Section Il -
Who Is An Insured.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.

SECTION | - COVERAGES

COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of “bodily injury” or “property
damage" 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 settle any claim or “suit”
that may result. But:

(1) The amount we will pay for damages is
limited as described in Section Ill - Limits
Of Insurance; and

(2) Our right and duty to defend ends when
we have used up the applicable fimit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical 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.

b. This insurance applies to “bodily injury" and
“property damage" only if:

HG 00 01 09 16

© 2016 The Hartford

(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";

(2) The "bodily injury" or "property damage"
occurs during the policy period; and

(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section Il - Who Is
An Insured and no “employee” authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
“bodily injury” or “property damage” had
occurred, in whole or in part. If such a
listed insured or authorized “employee”
knew, prior to the policy period, that the
“bodily injury" or “property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
“property damage” during or after the
policy period will be deemed to have been
known prior to the policy period.

c. “Bodily injury" or "property damage" will be

deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section Il
- Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:

(1) Reports all, or any part, of the "bodily
injury" or "property damage” to us or any
other insurer;

(2) Receives a written or verbal demand or
claim for damages because of the "bedily
injury" or "property damage"; or

(3) Becomes aware by any other means that
"bodily injury" or “property damage" has
occurred or has begun to occur.

. Damages because of “bodily injury" include

damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the “bodily

injury”.

. Incidental Medical Malpractice And Good

Samaritan Coverage

"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
“occurrence” for:

Page 1 of 21

(includes copyrighted material of Insurance Services Office, Inc. with its permission.)

(1) Professional health care services such as:

(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice orf instruction, or the related
fumishing of food or beverages,

(b}) Any health or therapeutic service,
treatment, advice or instruction; or

(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or

(2) First aid services, which include:

(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or

(b} Services performed as a Good
Samaritan.

For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence”.

However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.

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” or “property damage" resulting
from the use of reasonable force to protect
persons or property.

. 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
contract 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 subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
“insured contract’, reasonable attomey
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:

Page 2 of 21

(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same “insured
contract"; and

(b) Such attorney fees and _ litigation
expenses are for defense of that party
against a civil or altemative dispute
resclution—- proceeding in-—— which
damages to which this insurance
applies are alleged.

c. Liquor Liability

“Bodily injury" or "property damage" for which
any insured may be held fiable 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
under the influence of alcohol; or

(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:

{a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or

{b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol:

if the “occurrence” which caused the “bodily
injury” or "property damage”, involved that
which is described in Paragraph (1), (2) or (3)
above.

However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.

. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.

. Employer's Liability

"Bodily injury" to:
(1) An “employee” of the insured arising out of
and in the course of:

HG 00 01 09 16

(a) Employment by the insured; or

(b} Performing duties related to the
conduct of the insured's business; or

(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
damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an “insured
contract”.

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. However, this
subparagraph does not apply to:

(i) "Bodily injury” if sustained within a
building and caused by smoke,
fumes, vapor or scot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;

(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or

(ii) “Bodily injury" or "property damage”
arising out of heat, smoke or fumes
from a “hostile fire”;

(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 handling, storage, disposal,
processing or treatment of waste;

HG 00 0109 16

{c) Which are or were at any time

transported, handled, stored, treated,
disposed of, or processed as waste by
or for:

(i) Any insured; or

(ii) Any person or organization for
whom you may be legally
responsible;

(d) At or from any premises, site or

location on which any insured or any

contractors or subcontractors working

directly or indirectly on any insured's
behalf are performing operations if the

"pollutants" are brought on or to the

premises, site or location in connection

with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:

(i) "Bodily injury" or “property damage"
arising out of the escape of fuels,
lubricants 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 fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
“bodily injury" or “property damage”
arises out of the __ intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;

(ii) “Bodily injury" or “property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or

(iii) “Bodily injury’ or "property damage”
arising out of heat, smoke or fumes
from a "hostile fire"; or

(e) At or from any premises, site or

location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the

Page 3 of 21

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) Any loss, cost or expense arising out of
any:

(a) Request; demand; order cr statutory or
regulatory requirement 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,
"pollutants"; or

(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, “pollutants”.

However, this paragraph does not apply to

liability for damages because of "property

damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
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”.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the “occurrence” which
caused the “bodily injury” or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any
insured.

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 51 feet long; and
(b) Not being used to carry persons 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;

Page 4 of 21

(4) Liability assumed under any “insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;

{5) "Bodily injury" or “property damage"
arising out of:

{a) The operation of machinery or
equipment that is attached to, or part
of;-a-fand vehicle -that- would > qualify
under the definition of "mobile
equipment” if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or

(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or

(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such “bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.

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", however

caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or

(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.

j. Damage To Property

"Property damage" to:

(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,

HG 00 01 09 16

enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property;

(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;

(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.

Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage” (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section Ill - Limits Of Insurance.

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) and (4) of this exclusion do
not apply to "property damage” arising from
the use of elevators.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do
not apply to “property damage" to borrowed
equipment while not being used to perform
operations at the job site.

Paragraph (6) of this exclusion does not apply
to "property damage" included in the
“products-completed operations hazard".

. Damage To Your Product

“Property damage" to “your product" arising
out of it or any part of it.

. 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.

HG 00 01 09 16

. 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

dangerous 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
product® or "your work" after it has been put
to its intended use.

. Recall Of Products, Work Or Impaired

Property

Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, 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.

. Personal And Advertising Injury

"Bodily injury" arising out of "personal and
advertising injury”.

. Access or Disclosure Of Confidential Or

Personal Information And Data-related

Liability

Damages arising out of.

(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or

(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.

This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.

Page 5 of 21

However, unless Paragraph {1) above
applies, this exclusion does not apply to
damages because of “bodily injury’.

As used in this exclusion, electronic data

means information, facts or programs stored

as or on, created or used on, or transmitted to
or from computer software, including systems
and ..applications._software, ..hard...or.floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.

. Employment-Related Practices

“Bodily injury" to:

(1) A person arising out of any "employment-
related practices"; or

(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
“employment-related practices” are
directed.

This exclusion applies:

(1) Whether the injury-causing event
described in the definition of “emplcyment-
related practices” occurs before
employment, during employment or after
employment of that person;

(2) Whether the insured may be liable as an
employer or in any other capacity; and

(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.

r. Asbestos

(1) "Bodily injury’ or "property damage”
arising out of the "asbestos hazard".

(2) Any damages, judgments, settlements,
loss, costs or expenses that:

(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";

(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an “asbestos
hazard": or

(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,

Page 6 of 21

detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".

s. Recording And Distribution Of Material Or
Information In Violation Of Law
“Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that viclates or is-alleged to-viotate:

(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;

(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;

(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or

(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or GAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, ‘transmitting,
communicating or distribution of material
or information,

Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning Or
Explosion

Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section Ut - Limits Of
Insurance.

COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and 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 and advertising injury" to which
this insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:

(1} The amount we will pay for damages is
limited as described in Section Ill - Limits
Of Insurance; and

(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or

HG 00 01 09 16

settlements under Coverages A or B or
medical 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.

b. This insurance applies to “personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.

2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another

“Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".

b. Material Published With Knowledge Of
Falsity

"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.

c. Material Published Prior To Policy Period

“Personal and advertising injury” arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.

d,. Criminal Acts

“Personal and advertising injury” arising out of
a criminal act committed by or at the direction
of the insured.

e. Contractual Liability

"Personal and advertising injury" 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.

f. Breach Of Contract
"Personal and advertising injury” arising out of a
breach of contract, except an implied contract to

use anothers “advertising idea” in your
“advertisement”.

g. Quality Or Performance Of Goods - Failure
To Conform To Statements
“Personal and advertising injury" arising out of
the failure of goods, products or services to

conform with any statement of quality or
performance made in your "advertisement".

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h. Wrong Description Of Prices

"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.

. Infringement Of Intellectual Property

Rights

(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as_ copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or

(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether _ this
insurance would otherwise apply.

However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:

{1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a

person's or organization's “advertising
idea" or style of "advertisement".

. Insureds In Media And internet Type

Businesses

"Personal and advertising injury" committed
by an insured whose business is:

(1) Advertising, broadcasting, publishing or
telecasting;

(2) Designing or determining content of web
sites for others; or

(3) An Internet search, access, content or
service provider.

However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury” under the
Definitions Section.

For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.

. Electronic Chatrooms Or Bulletin Boards

“Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the

Page 7 of 21

Board of Aldermen — 9/12/17 Page 13

of upgrades, that’s all you really need if you want to do some minor, minor stuff on Court Street it’s immediately
disregarded.

Before you proceed, there’s no rush. If you okay this bond which is 10 votes, nothing happens because the
bond says you can’t do a thing until you have the $4 million in endowment fund. Well just hold it. Hold it.
Take a look what Cookson came up with the Daniel Webster College thing. Get the money first. Why can’t
you get the $4 million before you approve the bond? Why do you have to have a steering committee to look at
all kinds of construction if you have no construction done yet? Bonds should come last. It’s like a Purchase &
Sales Agreement, first you do the purchase. You close the deal. The financing was when the bonding comes
very last just like Pennichuck. The Purchase & Sales Agreement was signed and months later the bonding
was a $150 million was arranged for it. I’m not against a performing arts center. This if you look at the details
passed a motion of having something on Main downtown. If you really want to do something for downtown
lead with this. Close off Main Street, make Main Street pedestrian from East Hollis Street to Water Street.
You can drive down the Broad Street Parkway. You can drive down Spring Street — make it pedestrian only
from Water Street to East Hollis Street. Then you'll really have something. Thank you.

Paula Johnson, 15 Westborn Drive

I’ve lived in this city for 33 years. Also was an alderman at one time. I’m very proud of the way | voted to make
sure costs was under control. I’m here tonight, again, to talk about the performing arts center. I’ve sent some
blogs on Facebook when people talk about that we need a performing arts center. | don’t remember Mrs.
Hatch if you were on the Board when you voted for the Stabile’s building. Were you one of the aldermen that
voted for it? | think so. It was a long time ago.

President McCarthy

Mrs. Johnson would you address the Board and not the audience please.
Paula Johnson

That’s okay Alderman McCarthy. | just wanted to set the record straight. | wanted to make sure that I’m right
about things. Back then Mr. Stabile had the arts and science building down on Court Street. Mr. Stabile said
he was not going to let it be put back on the tax rolls. He said if the city did not buy it, then he was going to
donate it. How do | know, Mr. Stabile was in my house with several members of the Nashua Taxpayers
Association back then. | believe that building we purchased it for about $300 to $400,000 back then with a
leaky roof and a bad heating system. See we have a habit of buying things in this city without doing our due
diligence on checking buildings out. The other one is on Riverside that we bought for Public Works. |
remember being on the Board. That was over $2 million. While if some of us are a little bit skeptical here, |
guess we have a reason why who sat on this Board and watched legislation go through and questioned.
Although people in the audience might not like what Fred says or what I’m saying, it’s because when you sit on
this side of the horseshoe and you see the numbers that come through, you have to do your due diligence
because you’re representing the people. Whether you like the project or not, it is your duty to check the
numbers and make sure that everything agrees on what’s going to be built or what’s going to be purchased.

Now my concern with downtown, | mean there was a Letter to the Editor written from a woman who works for a
nonprofit a couple weeks ago. Unfortunately | couldn’t make the meetings because I’m one of these suckers
that have to work for a living so | can pay my increase in taxes that are probably going to up maybe 2, 3
percent again this year. So | look at what you’re going to do. I’ve questioned it and | was talking to Alderman
Wilshire prior to the meeting and | was saying you know where has been the arts community to raise this
money prior to this? One would think, one would think that maybe you would have your money already to go
so if you found a building and you wanted the project to go, you had at least $4 million to put into the pot to
show that you’re serious about the money. My question is why would you as $15.5 million why wouldn’t you
make them come up with half the money? Why should the taxpayers have to pay for this? This is a
government project basically government. What is government’s responsibility? It’s not to have an arts center.

insured hosts, owns, or over which the
insured exercises control.

. Unauthorized Use Of Another's Name Or
Product

“Personal and advertising injury” arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.

. Pollution

“Personal and advertising injury” arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.

. Pollution-Related
Any loss, cost or expense arising out of any:

(1) Request, demand, order or statutory or
regulatory requirement 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, "pollutants"; or

(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".

. War

“Personal and advertising injury", however
caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil war;

(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or

(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.

. Intemet Advertisements And Content Of

Others

“Personal and advertising injury" arising out
of:

(1) An "advertisement" for others on your web
site;

(2) Placing a link to a web site of others on
your web site;

(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or

Page 8 of 21

(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b) The presentation or functionality of an

“advertisement” or other content on
your web site.

._ Right Of Privacy Created By Statute

"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.

However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.

. Violation Of Anti-Trust law

"Personal and advertising injury” arising out of
a violation of any anti-trust law.

. Securities

"Personal and advertising injury” arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.

. Recording And Distribution Of Material Or

Information In Violation Of Law

“Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:

(1) Fhe Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;

(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;

{3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or .

{4) Any federal, state or ‘ocal statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.

. Employment-Related Practices

"Personal and advertising injury" to:

(1) A person arising out of any “employment-
related practices"; or

(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury” to that
person at whom any “employment-related
practices” are directed.

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