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Displaying 32061 - 32070 of 38765

Finance Committee - Agenda - 2/17/2021 - P171

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
171
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

nonrenewal not less than 30 days before the
expiration date.

If notice is mailed, proof of mailing will be
sufficient proof of notice.

SECTION V - DEFINITIONS

1.

6.

“Advertisement™ means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.

However, “advertisement” does not include:

a. The design, printed materiai, information or
images contained in, on or upon the
packaging or labeling of any goods or
products; or

b. An interactive conversation between or
among persons through a computer network.

“Advertising idea" means any idea for an
“advertisement”.

“Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.

"Auto" means:

a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or

b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.

However, “auto” does not include

equipment".

“mobile

. "Bodily injury" means physical:

a. Injury;

b. Sickness; or

c. Disease

sustained by a person and, if arising out of the
above, mental anguish or death at any time.
“Coverage territory" means:

a. The United States of America (including its

territories and possessions), Puerto Rico and
Canada;

b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or

Page 18 of 21

10.

11.

c. All other parts of the world if the injury or
damage arises out of:

(1) Goods or products made or sold by you in
the territory described in a. above;

(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or

(3) “Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication

provided the insured's responsibility to pay
damages is determined in the United States of
America {including its territories and possessions),
Puerto Rico or Canada, in a "suit" on the merits
according to the substantive law in such territory or
in a settlement we agree to.

. "Employee" includes a "leased worker’.
"Employee" does not include a “temporary
worker".

. "Employment-Related Practices" means:

a. Refusal to employ that person;
b. Termination of that person's employment; or

c. Employment-related practices, policies, acts
cor omissions, such as coercion, demotion,

evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution

directed at that person.

. “Executive officer" means a person holding any

of the officer positions created by your charter,

constitution, by-laws or any other similar
governing document.
“Hostile fire" means one which becomes

uncontrollable or breaks out from where it was
intended to be.

“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,
deficient, inadequate or dangerous; or

b. You have failed to fulfill the terms of a
contract or agreement, =

if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or “your work", or your fulfilling the
terms of the contract or agreement.

12."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
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to

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Page Image
Finance Committee - Agenda - 2/17/2021 - P171

Finance Committee - Agenda - 2/17/2021 - P172

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
172
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

Premises Renied To You Limit described in
Section Itl - Limits of Insurance;

b. A sidetrack agreement;

c. Any easement or license agreement,
including an easement or license agreement
in connection with construction or demolition
operations 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
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort Jiability of ancther
party to pay for “bodily injury" or "property
damage” to a third person or organization,
provided the "bodily injury" or “property
damage” is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a liability that would be
imposed by law in the absence of any
contract or agreement.

Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
“bodily injury" or "property damage” arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road-beds, tunnel, underpass or crossing.

However, Paragraph f. does not include that
part of any contract or agreement:

{1} That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
{a) Preparing, approving, or failing to
5 prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory, inspection,
architectural or engineering activities.
13."Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker’ does not include a
"temporary worker".

HG 00 01 09 16

14."Loading or unioading" means the handling of
property:
a. After it is moved from the place where it is

accepted for movement into or onto an
aircraft, 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,

watercraft 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
attached to the aircraft, watercraft or "auto".

15,"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;

. Vehicles maintained for use solely on or next

to premises you own or rent;

. Vehicles that travel on crawler treads;
. 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;

. 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;

. 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
following types of permanently attached
equipment are not "mobile equipment” but will
be considered “autos”:

(1) Equipment designed primarily for:
(a) Snow removal;

(b) Road maintenance, but nat
construction or resurfacing; or

(c) Street cleaning;

Page 19 of 21

Page Image
Finance Committee - Agenda - 2/17/2021 - P172

Finance Committee - Agenda - 2/17/2021 - P173

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
173
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

16.

17.

18,

19.

(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.

However, "mobite equipment" does -not- include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
“autos”.

“Occurrence” means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

"Personal and advertising injury" means
injury, including consequential "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
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;

d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;

e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;

f. Copying, in your “advertisement”, a person's

or organization's “advertising idea" or style of

"advertisement"; or

Infringement of copyright, slogan, or title of

any literary or artistic work, in your

“advertisement”.

"Pollutants" mean 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.

“Products-completed operations hazard":

a. Includes all "bodily injury" and "property
damage" 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
possession; or

Page 20 of 21

(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
contract has been completed.

{b) When all of the work to be done at the
job-site-has~been- completed -if- your
contract calls for work at more than
one job site.

(c) When that part of the work done at a
job site has been put to its intended
use by any person or onganization
other than another contractor or
subcontractor working on the same
project.

Work that may need service,

maintenance, correction, repair or

replacement, but which is otherwise
complete, will be treated 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
equipment or abandoned or unused
materials; or

(8) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products-
completed operations are subject to the
General Aggregate Limit.

20."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.

As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:

a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;

computer software, including systems and
applications software, hard or floppy disks, CD-

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Finance Committee - Agenda - 2/17/2021 - P173

Finance Committee - Agenda - 2/17/2021 - P174

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
174
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

ROMS, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.

21."Suit" means a civil proceeding in which
damages because of "bodily injury’, "property
damage" or “personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:

a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with our
consent; or

b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.

22."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.

23."Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;

c. Acts at the direction of and within the scope
of duties determined by you; and

d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.

24."Your product":
a. Means:

(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:

(a) You:
(b) Others trading under your name; or

(c)A person or organization whose
business or assets you have acquired;
and

(2) Containers (other than vehicles),
materials, parts or equipment furnished in
connection with such goods or products.

b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,

quality, durability, performance or use of
“your product"; and

(2) The providing of or failure to provide
warnings or instructions.

c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.

HG 00 01 09 16

25. “Your work":
a. Means:

(1} Work or operations performed by you or
on your behalf; and

{2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,

quality, durability, performance or use of
“your work", and

(2) The providing of or failure to provide
warnings or instructions.

Page 21 of 21

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Finance Committee - Agenda - 2/17/2021 - P174

Finance Committee - Agenda - 2/17/2021 - P175

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
175
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

COMMERCIAL AUTOMOBILE
HD 99 02 09 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEM ENT
MASSACHUSETTS

This endorsement modifies insurance provided under the following:

BUSINESS AUTC COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.

1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or

B. Employees as Insureds
Paragraph A.1. - who is an insured - of

Form HD 99 02 09 12

Formed Organizations

The Named Insured shown in the
Declarations is amended to include:

(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an

section ii - liability coverage is amended to
add:

d. Any "employee" of yours while using a
covered “auto” you don't own, hire or
borrow in your business or your
personal affairs.

a ene ees o fa than a on C. Lessors as Insureds
e effective date of the Coverage Form.
However, the Named Insured does not Paragraph A. - WHO IS AN INSURED - of
include any subsidiary: mre ll - Liability Coverage is amended to
add:
a) That is an "insured" under any other
(a) automobile policy or 7 e. The lessor of a covered “auto” while the
7 . “auto” is leased to you under a written
(b) That would be an "insured under agreement if:
such a policy but for (i) its 4) Th .
termination or (ii) the exhaustion of (1) The agreement requires you to
its Limit of Insurance. aoe a primary insurance for
@ lessor an
(2) Any organization that is acquired or he ban . .
formed by you and over which you (2) The "auto" is leased without a driver.
maintain majority ownership. However, Such a leased “auto” will be considered a
the Named Insured does not include any covered “auto” you own and not a covered
newly formed or acquired organization: "auto" you hire.
(a} That is a partnership or joint D. Additional Insured if Required by
venture, Contract
(b} That is an "insured" under any other (1) Paragraph A.1. - WHO IS AN INSURED
policy, - of Section Il - Liability Coverage is

{c) That has exhausted its Limit of
Insurance under any other policy, or

{(d} 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.

Coverage does not apply to “bodily
injury" or “property damage" that results
from an “accident” that occurred before
you formed or acquired the organization.

amended to add:

f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an “insured”, but only
to the extent such person or
organization is liable for “bodily
injury" or “property damage” caused
by the conduct of an “insured” under
paragraphs a. or b. of Who Is An

© 2010, The Hartford (Includes copyrighted material

of ISO Properties, Inc., with its permission.)

Page 1 of §

Page Image
Finance Committee - Agenda - 2/17/2021 - P175

Finance Committee - Agenda - 2/17/2021 - P176

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
176
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

Page 2 of 5

Insured with regard to the
ownership, maintenance or use of a
covered "auto"

The insurance afforded to any such
additional insured applies only if the
"bodily injury” or "property damage"
occurs:

(1) During the policy period, and

(2) Subsequent to the execution of such
written contract, and

(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.

(2) How Limits Apply

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.

(3} 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,

(4) Duties in The Event Of Accident, Claim,
Suit or Loss

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 additional insured
shall be required to comply with the
provisions in LOSS CONDITIONS 2. -
DUTIES IN THE EVENT OF ACCIDENT,

CLAIM , SUIT OR LOSS —- OF SECTION
IV— BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.

E. Primary and WNon-Contributory _ if
Required by Contract

Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:

(3) 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. lf other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.

(4) Primary And Non-Contributory To Other
Insurance When Required By Contract

If 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, this
insurance is primary and we will not
seek contribution from that other
insurance.

Paragraphs (3) and (4) 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 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, by the

method described in Other Insurance 5.d.

AUTOS RENTED BY EMPLOYEES

Any “auto” hired or rented by your “employee”

on your behalf and at your direction will be
considered an “auto” you hire.

© 2010, The Hartford (Includes copyrighted material

of ISO Properties, Inc., with its permission.)

Form HD 99 02 09 12

Page Image
Finance Committee - Agenda - 2/17/2021 - P176

Finance Committee - Agenda - 2/17/2021 - P177

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
177
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

Form HD 99 02 09 12

The OTHER INSURANCE Condition is amended
by adding the following:

lf an “employee’s" personal insurance also
applies on an excess basis to a covered “auto”
hired or rented by your “amployee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.

AMENDED FELLOW EMPLOYEE EXCLUSION

EXCLUSION 5, - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers’ compensation
insurance in-force covering all of your
“employees”.

Coverage is excess over any other collectible
insurance.

HIRED AUTO PHYSICAL DAMAGE COVERAGE

If hired “autos” are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
“auto” you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.

The most we will pay for “loss” to any hired
"auto" is:
(1) $100,000;

(2) The actual cash value of the damaged or
stolen property at the time of the “loss”; or

(3) The cost of repairing or replacing the
damaged or stolen property,

whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.
No deductible applies to “loss” caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.
Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
“auto” you own.

We will also cover !oss of use of the hired “auto”
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1,000 per
“accident".

This extension of coverage does not apply to
any “auto” you hire or borrow from any of your
“employees”, partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.

5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE

Paragraph A.4.a. of SECTION Ill - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.

LOAN/LEASE GAP COVERAGE

Under SECTION Ill - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered “auto”, we will pay your additional Jegal
obligation for any difference between the actual
cash value of the “auto” at the time of the "loss"
and the “outstanding balance" of the loan/lease.

"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments, penaities, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees: security deposits not
returned by the jessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.

AIRBAG COVERAGE

Under Paragraph B. EXCLUSIONS - of SECTION
lll - PHYSICAL DAMAGE COVERAGE, the
following is added:

The exclusion relating to mechanical breakdewn
does not apply to the accidental discharge of an
air bag. ae
ELECTRONIC EQUIPMENT - BROADENED
COVERAGE

a, The exceptions to Paragraphs B.4 = -
EXCLUSIONS - of SECTION Il -
PHYSICAL DAMAGE COVERAGE are
replaced by the following:

Exclusions 4.c, and 4.d. do not apply to
equipment designed to be operated
solely by use of the power from the
"auto's" electrical system that, at the
time of "loss”, is:
(1) Permanentiy installed in or.upon
the covered "auto";

(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";

(3) An integral part of the same unit
housing any electronic equipment
described in Paragraphs (1) and
(2) above; or

© 2010, The Hartford (Includes copyrighted material

of ISO Properties, Inc., with its permission.)

Page 3 of 5

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Finance Committee - Agenda - 2/17/2021 - P177

Finance Committee - Agenda - 2/17/2021 - P178

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
178
Image URL
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Page 4 of 5

(4) Necessary for the normal
operation of the covered "auto"
or the monitering of the covered
“auto's” operating system.

b. SECTION III — Version CA 00 01 03 10 of
the Business Auto Coverage Form,
PHYSICAL DAMAGE COVERAGE, Limit of
Insurance, Paragraph C.2 and Version CA
00 01 10 01 of the Business Auto Coverage
Form, PHYSICAL DAMAGE COVERAGE,
Limit of Insurance, Paragraph C, are each
amended to add the following:

$1,500 is the most we will pay for “loss”
in any one "accident" to all electronic
equipment (other than equipment
designed solely for the reproduction of
sound, and accessories used with such
equipment) that reproduces, receives or
transmits audio, visual or data signals
which, at the time of "loss", is:

(1) Permanently installed in or upon
the covered “auto” in a housing,
opening or other location that is
not normally used by the “auto”
manufacturer for the installation of
such equipment;

{2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a above or is an
integral part of that equipment; or

(3) An integral part of such equipment.

c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250,
whichever deductible is less,

5. TWO OR MORE DEDUCTIBLES

Under - DEDUCTIBLE - of PHYSICAL DAMAGE
COVERAGE, the following is added:

If another Hartford Financial Services Group,
Inc, company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:

(1} If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived:

(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest} deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.

10. AMENDED DUTIES

11.

12.

13

14.

IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS

The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS - of SECTION IV -
BUSINESS AUTO CONDITIONS that you must
notify us of an “accident” applies only when the
“accident” is known to:

(1) You, if you are an individual

(2) A partner, if you are a partnership; or

(3) A member, if you are a limited liability
company; or

(4) An executive officer or insurance manager, if
you are a corporation.

UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS

If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.

HIRED AUTO - COVERAGE TERRITORY

Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION [¥ - BUSINESS AUTO
CONDITIONS is replaced by the following:

e. For short-term hired “autos”, the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured's responsibility to pay damages for
“bodily injury" or "property damage" is
determined in a “suit,” the “suit” is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
setttement we agree to,

WAIVER OF SUBROGATION

TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:

We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form,

RESULTANT MENTAL ANGUISH COVERAGE

The definition of "bodily injury" in SECTION V -
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these,

© 2010, The Hartford (Includes copyrighted material

of ISO Properties, Inc., with its permission.}

Form HD 99 02 09 12

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Finance Committee - Agenda - 2/17/2021 - P178

Finance Committee - Agenda - 2/17/2021 - P179

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
179
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

15.

16.

17.

Form HD 99 02 09 12

EXTENDED CANCELLATION CONDITION

Condition A, Cancellation, of the
MASSACHUSETTS MANDATORY ENDORSE-
MENT applies except as follows:

If we cancel for any reason other than
nonpayment of premium, any notice of
cancellation will be sent to you at your last
address shown on the Declarations at least 60
days prior to the effective date.

EXTRA EXPENSE - BROADENED COVERAGE

Under Paragraph A. - COVERAGE - of
SECTION Ill - PHYSICAL DAMAGE
COVERAGE, we will pay for the expense of
returning a stolen covered “auto” to you.

HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE

In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:

a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%,
to a maximum of $2,500, of the "non-hybrid"
auto's actual cash value or replacement
cost, whichever is less,

b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"

c. Regardiess of the number of autos deemed
a total loss, the most we will pay under this

Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.

For the purposes of the coverage prdvision,

a. A "non-hybrid" auto is defined as an auto
that uses only an intemal combustion engine
to move the auto but does not include autos
powered solely by electricity or natural gas..

b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.

18. VEHICLE WRAP COVERAGE

in the event of a total loss to an "auto" for
which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided
under this Coverage Form, then such
Physical Damage Coverages are amended to
add the following:

In addition to the actual cash value of the
"auto", we will pay up to $1,000 for vinyl
vehicle wraps which are displayed on the
covered "auto" at the time of total loss.
Regardless of the number of autos deemed a
total loss, the most we will pay under this
Vehicle Wrap Coverage provision for any one
"loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle
are not considered vehicle wraps.

© 2010, The Hartford {Includes copyrighted material

of ISO Properties, Inc., with its permission.)

Page 5 of 5

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Finance Committee - Agenda - 2/17/2021 - P179

Finance Committee - Agenda - 2/17/2021 - P180

By dnadmin on Mon, 11/07/2022 - 13:48
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
180
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

DIVISION 4

CONTRACT AGREEMENT

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