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This exclusion applies:

(1) Whether the — injury-causing event
described in the definition of “employment-
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.

v. Asbestos

(1) "Personal and advertising injury’ 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 cf 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,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard”.

w. Access Or Disclosure Of Confidential Or

Personal Information

"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential of personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.

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 any access to or disclosure of
any person's or organization's confidential or
personal information.

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COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement

We will pay medical expenses as described
below for "bodily injury” caused by an
accident:

(1) On premises you own or rent;

(2) On ways next to premises you own or
rent, or

(3) Because of your cperations;

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 three years of the date of the
accident; and

(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.

. We will make these payments regardless of

fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:

(1) First aid administered at the time of an
accident;

(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and

(3) Necessary ambulance, hospital,
professional nursing and funeral services.

2. Exclusions
We will not pay expenses for "bodily injury":

a.

c.

Any Insured

To any insured, except “volunteer workers”.
Hired Person

To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
Injury On Normally Occupied Premises

To a person injured cn that part of premises

you own or rent that the person normally
occupies.

Workers Compensation And Similar Laws

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.

Athletics Activities

To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.

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f. Products-Completed Operations Hazard

Included within the “products-completed
operations hazard".

g. Coverage A Exclusions
Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B

1. We will pay, with respect to any claim we

investigate or settle, or any “suit* against an
insured we defend:

a. All expenses we incur.

b. Up to $1,000 for cost of bail bonds required
because 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.

c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.

d. 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 $500 a
day because of time off from work.

e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys’ fees, attomeys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.

f. 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.

g. Allinterest on the full amount of any judgment
that accrues after entry of the judgment and
before 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
insurance.

. If we defend an insured against a “suit” and an
indemnitee 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
defense of, that indemnitee, has also been

Page 10 of 21

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
conduct 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,
settlement or defense of the "suit";

(b) Immediately send us copies of ‘any
demands, notices, summonses or legal
papers 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

coordinating 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".

So long as the above conditions are met,
attomeys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section | - Coverage A - Bodily Injury
And Property Damage Liability, such payments
will not be deemed to be damages for "bodily
injury” and "property damage” and will not reduce
the limits of insurance.

Our obligation to defend an insured's indemnitee
and to pay for attomeys’ fees and necessary
litigation expenses as Supplementary Payments
ends when:

a. We have used up the applicable iimit of
insurance in the payment of judgments or
settlements; or '

b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.

HG 00 01 09 16

SECTION Il - WHO IS AN INSURED
1. If you are designated in the Declarations as:

a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.

b. A partnership 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
insured. Your members are also insureds, but
only with respect to the conduct of your
business. 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
directors 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.

e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.

2. Each of the following is also an insured:

a. Employees And Volunteer Workers

Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your “employees”, other
than either your "executive officers” (if you are
an organization other than a partnership, joint
venture or limited ‘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” or

"volunteer workers” are insureds for:

(1) "Bodily injury” or "personal and advertising
injury”:

(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co-"employee”
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;

(b} To the spouse, child, parent, brother or
sister of that co-"employee" or that

HG 00 01 09 16

"volunteer worker" as a consequence
of Paragraph (1){a) above;

(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1}(a) or (1)(b) above; or

(d) Arising out of his or her providing or
failing to provide professional health
care services.

If you are not in the business of providing

professional health care services:

(a) Subparagraphs (1){a}, (1)(b) and (1)(c)
above do not apply to any "employee"
or “volunteer worker” providing first aid
services; and

(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.

(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", "volunteer

workers", any partner or member {if you

are a partnership or joint venture), or any
member (if you are a limited liability
company).

b. Real Estate Manager

Any person (other than your “employee" or
"volunteer worker"), or any organization whilé
acting as your real estate manager.

c. Temporary Custodians Of Your Property

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. Legal Representative If You Die

Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary

Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50% of the voting stock on the effective
date of the Coverage Part.

Page 11 of 21

The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance,

3. Newly Acquired Or Formed Organization

5.

Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, 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 180th 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 "properly damage” that occurred before
you acquired or formed the organization; and

c. Coverage B does not apply to “personal and
advertising injury” arising out of an offense
committed before you acquired or formed the
organization.

Nonowned Watercraft

With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
aiso an insured, but onty with respect to liability
arising out of the operation of the watercraft, 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 respect to:

a. "Bodily injury" to a co-"employee” of the
person operating the watercraft; 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
insured under this provision.

Additional insureds When Required By
Written Contract, Written Agreement Or
Permit

The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.

Page 12 of 21

A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.

However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this-Coverage-Part.

a. Vendors

Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
“bodily injury" or "property damage” arising
out of “your products” which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for “bodily injury" or

"propertly damage" included within the

"products-completed operations hazard".

(1) The insurance afforded the vendor is
subject to the following additional
exclusions:

This insurance does not apply to:

(a} "Bodily injury” or "property damage" for
which the vendor 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 that the vendor
would have in the absence of the
contract or agreement;

(b) Any express warranty unauthorized by
you,

(c) Any physical or chemical change in the
product made intentionally by the
vendor;

(d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and = then
repackaged in the original container;

{e) Any failure to make such inspections,
adjustments, tests or servicing as.the
vendor has agreed to make or normally
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;

(f) Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;

(g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or

HG 00 01 09 16

(h) "Bodily injury’ or “property damage”
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:

(i) The exceptions contained in Sub-
paragraphs (qd) or (f); or

(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or _ normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.

(2) This insurance does not apply to any
insured person or organization, from
whem you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.

. Lessors Of Equipment

(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for “bodily injury",
“property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).

(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any “occurrence" which
takes place after the equipment lease
expires,

. Lessors Of Land Or Premises

Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.

With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:

This insurance does not apply to:

1. Any “occurrence” which takes place after
you cease to lease that land; or

2. Structural aiterations, new construction or
demolition operations performed by or on
behalf of such person or organization.

. Architects, Engineers Or Surveyors

Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
“property damage" or “personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or

HG 00 01 09 16

omissions of those acting on your behalf:
(1) In connection with your premises; or

(2) In the performance of your ongoing
operations performed by you or on your
behalf.

With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:

This insurance does not apply to “bodily
injury", “property damage” or “personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:

1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or

2. Supervisory, inspection, architectural or
engineering activities.

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", or the offense which caused the
“personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.

. Permits issued By State Or Political

Subdivisions

Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.

With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:

(1) "Bodily injury", "property damage" or
“personal and advertising injury" arising
out of operations performed for the state
or municipality; or

(2) "Bodily injury" or “property damage"
included within the "products-completed
operations hazard”.

. Any Other Party

Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for “bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:

(1) In the performance of your ongoing
operations;

Page 13 of 21

(2) In connection with your premises owned
by or rented to you; or

(3) In’ connection with “your work" and

included within the “products-completed
operations hazard", but only if

(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and

(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"

included within the "products-
completed operations hazard".
However:

{1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and

{2) |f coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.

With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:

"Bodily injury", “property damage" or
“personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:

(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or

(2) Supervisory, inspection, architectural or
engineering activities.

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", or the offense which caused the
“personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.

The ijimits of insurance that apply to additional
insureds is described in Section Ill - Limits Of
Insurance.

How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV -
Commercial General Liability Conditions.

Page 14 of 21

No person or organization is an insured with respect
to 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 Ill - LIMITS OF INSURANCE

1.

The Most We Will Pay

The Limits of Insurance shown in_ the
Declarations 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".

. General Aggregate Limit

The General Aggregate Limit is the most we will
pay for the sum of:

a. Medical expenses under Coverage C;

b. Damages under Coverage A, except
damages because of "bodily injury" or
“property damage” included in the “products-
completed operations hazard"; and

c. Damages under Coverage B.

Products-Compieted Operations Aggregate
Limit

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”.

Personal And Advertising Injury Limit

Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.

Each Occurrence Limit

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
damage" arising out of any one "occurrence".

Damage To Premises Rented To You Limit

Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
“property damage" to any one premises, while
rented to you, or in the case of damage by, fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner,

HG 00 04 09 16

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

7. Medical Expense Limit

Subject to §. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of “bodily injury"
sustained by any one person.

8. How Limits Apply To Additional Insureds

If you have agreed in a written contract or written
agreement that another person or organization
be added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:

a. The limits of insurance specified in the written
contract or written agreement; or

b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.

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 purposes 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
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an “occurrence” or an offense which may
resuit in a claim. To the extent 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 or
damage arising out of the "occurrence" or
offense.

HG 00 01 09 16

b. Notice Of Claim

If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:

(1) Immediately record the specifics of the
claim or "suit" and the date received; and

(2) Notify us as soon as practicable.

You or any additional insured must see to it
that we receive written notice of the claim or
“suit” as soon as practicable.

c. Assistance And Cooperation Of The
Insured

You and any other involved insured must:

(1) Immediately send us copies of any
demands, notices, summonses or legal
papers 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
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.

d. Obligations At The Insureds Own Cost

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.

e. Additional Insureds Other Insurance

If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.

However, this provision does not apply to the
extent that you have agreed in a written
contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.

f. Knowledge Of An Occurrence, Offense,
Claim Or Suit

Paragraphs a. and b. apply to you or to any
additional insured only when = such
“occurrence”, offense, claim or "suit" is known
to:

(1} You or any additional insured that is an
individual;

(2) Any partner, if you or the additional
insured is a partnership;

Page 15 of 21

(3) Any manager, if you or the additional
insured is a limited liability company,

(4) Any “executive officer’ or insurance
manager, if you or the additional insured is
a corporation;

(5) Any trustee, if you or the additional
insured is a trust; or

(6) Any elected or appointed official, if you or
the additional insured is a_ political
subdivision or public entity.

This duty applies separately to you and any
additional insured.

Legal Action Against Us

No person or organization has a right under this
Coverage Part:

a. To join us 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; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

Other Insurance

lf other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:

a. Primary Insurance

This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.

b. Excess Insurance

This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:

(1) Your Work

That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work":

(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;

Page 16 of 21

(3) Tenant Liability

That is insurance purchased by you to
cover your liability as a tenant for
“property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;

(4) Aircraft, Auto Or Watercraft

If the loss arises out of the maintenance or
use of aircraft, “autos” or watercraft to the
extent not subject to Exclusion g. of
Section | - Coverage A - Bodily Injury And
Property Damage Liability;

(5) Property Damage To Borrowed
Equipment Or Use Of Elevators

If the loss arises out of “property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section | - Coverage A -
Bodily Injury And Property Damage
Liability;

(6) When You Are Added As An Additional
Insured To Other Insurance

Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or

(7) When You Add Others As An
Additional Insured To This Insurance

Any other insurance available to= an
additional insured.

However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.

(a) Primary Insurance When Required
By Contract

This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with ali that
other insurance by the method
described in c. below.

(b}) Primary And Non-Contributory To
Other Insurance When Required: By
Contract

lf you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.

HG 00 01 09 16

¢

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.

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 undertake to do so, but we will be
entitled to the insured'’s rights against all
those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:

(1) The total amount that all such other
insurance 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.

Method Of Sharing

lf all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.

\f any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

5. Premium Audit
a. We will compute all premiums for this

Coverage Part in accordance with our rules
and rates.

Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.

The first Named Insured must keep records of
the information we need for premium

HG 00 01 09 16

computation, and send us copies at such
times as we may request.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:

(1) The statements in the Declarations are
accurate and complete;

(2) Those statements are based upon
representations you made to us; and

(3) We have issued this policy in reliance
upon your representations.

b. Unintentional Failure To Disclose Hazards

If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.

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.

& Transfer Of Rights Of Recovery Against
Others To Us

a. Transfer Of Rights Of Recovery

If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us, The insured 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.

b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)

lf the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.

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

Page 17 of 21

Board of Aldermen — 9/12/17 Page 14

Government’s responsibility is Police, Fire Public Works and schools. That’s what government’s responsibility
is. This should be a private project, private money. We shouldn’t have to be bonding all this money because
when you say our children’s future here what about every time you bond that’s another loan that our children
have to pay back. Look at the federal government. We're over $20 trillion in debt. It’s so easy to say that
we’re going to be retiring bonds but every time you retire there’s always another one coming and that’s what
we leave for our children — a legacy. I’m not a crazy woman here either like you said about that other one.
Matter of fact that woman who was sitting right there, she nailed it on the head. This is a business which
government does not ever do a good job of running a business. We see that time in and time out. We don’t do
a good job of Medicare. We don’t do a good job of Medicaid. There’s fraud in the system. Yes there is
Alderman as you shake your head and there is.

What we need to do this has to be a private endeavor, private business has to run it, Board of Directors, and it
needs to be straight and the business had to be profitable. If it isn’t and we the taxpayer undertake this
endeavor, we will pay for this if it fails because why, we hold the bond. It’s a loan. It’s aloan and you don’t
want the city to get a bad credit rating because then when you really need to do something and you don’t pay
anything and things happen, guess what you don’t have that AAA rating that we brag about. The reason we
can brag about it is because we pay our bills right now. Bonding is a serious issue here. $15.5 million I’m not
comfortable with Alec Shoe Store downtown and why don’t people come down? The parking you have to pay
for the meters number one. | don’t go to the parking garage because | remember when | was on the Board
with you Alderman McCarthy, Alderman Wilshire, Alderman Deane, Attorney Bolton we used to have people
manning the parking garage. Then we took it away and my question are we going to have cameras there?
Who’s going to man the cameras? If anything happens, who’s watching? It’s not a live body that’s there.
People don't like to go to the parking garages. In case we forgot, Nashua has a big drug problem here and
most of the cops are out there on the drug problem. When people run the red lights, you can’t get anybody.
Let’s do our due diligence tonight. No reason to have to vote on this immediately. Let's see the arts
community step up already with that $4 million to show us in good faith and make them come up with half the
money before we'll even think about bonding. Let’s start taking a look at the buildings. Look at the Jan
Streeter building how deplorable that building has been over the years. We didn’t’ do anything like that. We
don’t’ have the money to fix our buildings. Our schools show it and yet we’re going to get another building and
go into a project like this. Thank you.

Latha Mangipudi, 20 Salmon Brook Drive

Good evening Mayor and Board of Aldermen and President McCarthy. My name is Latha Mangipudi. | reside
at 20 Salmon Brook Drive and serve as a State Rep. for Ward 8 and this is my third term. I’m here to support
the performing arts center. Mayor Donchess alluded to former Congressman who made — | have his testimony
but I’m going to paraphrase what he had to say. He was here. He heard about this and on NRP this morning
and he was very excited with the fact that Nashua is going to get a heart and soul in downtown Nashua which
in his words “if you invest one dollar in performing arts center which bring art and culture to downtown Nashua
and to the surrounding communities, it brings dividend not $7 dollars but about $7 to$10. So one dollar of
investment brings in $7 to $10 in return.” That’s his testimony.

Personally for me, I’ve lived in Nashua for over 26 years, raised 2 children who are 28 and 26. Neither one of
them live here. | would love to see them back here. This past weekend they were home and when they were
hearing about this performing arts center, the response from the two youngsters — the millennial generation
that we are trying to attract was finally Nashua is waking up to the fact that we need a heart and soul in
downtown.

The other hat | wear is as many of know 6 percent of Nashua population is Indian American and very vibrant in
terms of art, culture, music, and performing arts. The minute they heard about the fact that there is this talk
about performing arts center, I’ve been getting calls. When is it going to be so we can have some
performances? Right now on an average | get invitation for an art show, music, dance, and drama theater
from just the Indian community just across the border 3 to 5 per week. | cannot keep up with the requests and
amount of cultural activity that’s happening. We have young families from different diverse communities that
have made home in Nashua. Here is an opportunity that we open up no silos, no boundaries to celebrate and