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A. physical injury to or destruction of tangible property which occurs during the Policy Period,including the loss of
<br /> use thereof at any time resulting therefrom,or
<br /> B. loss of use of tangible property which has not been physically injured or destroyed providod such loss of use is
<br /> caused by an Occurrence during the Policy Period, or
<br /> C. economic loss,whether or not resulting from physical injury or damage to person or prcperty,except if such
<br /> loss was caused,or alleged to have been caused,in whole or part,by anti-trust,breach o-contract,price-fixing,
<br /> restraint of trade or unfair business practices by any Insured;
<br /> "Suit" includes lawsuit and/or arbitration proceedings to which the Insured is required to submit to or to which the
<br /> Insured has submitted with the Company's consent;
<br /> "Underground Property Damage Hazard"includes Underground Property Damage as defines herein and Property
<br /> Damage to any other property at any time resulting therefrom. "Underground Property Damage"means Property
<br /> Damage to wires,conduits,pipes,mains,sewers,tanks,tunnels,any similar property,and any apparatus in connection
<br /> therewith,beneath the surface of the ground or water,caused by and occurring during the use of mechanical equipment
<br /> for the purpose of grading land, paving, excavating, drilling, burrowing, filling, back-filling or pile driving. The
<br /> Underground Property Damage Hazard does not include Property Damage:
<br /> A. arising out of operations performed for the Named Insured by independent contractors, or
<br /> B. included within the Completed Operations Hazard,or
<br /> C. of which liability is assumed by the Insured under an Incidental Contract.
<br /> VIII. CONDITIONS
<br /> A. LEGAL ACTION AGAINST COMPANY: A person or organization may bring Suit against the Company
<br /> including, but not limited to, a Suit to recover on an agreed settlement or on a final judgement against an
<br /> Insured;but the Company will not be liable for Damages that are not payable under the terms of this policy or
<br /> that are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of
<br /> liability signed by the Company,the Insured and the claimant or the claimant's legal representative.
<br /> However,no action by an Insured shall lie against the Company unless there has been full compliance with all
<br /> of the terms of this policy.
<br /> B. ASSIGNMENT: Assignment of interest under this policy shall not bind the Compan,( until its consent is
<br /> endorsed herein;if,however,the Named Insured shall die,such insurance as afforded by this policy shall apply
<br /> (1)to the Named Insured's legal representative as the Named Insured,but only while acting within the scope
<br /> of his/her duties as such, and (2)with respect to the property of the Named Insured, lo the person having
<br /> proper temporary custody thereof, as Insured, but only until the appointment and qualification of the legal
<br /> representative.
<br /> C. ASSISTANCE AND COOPERATION OF INSURED: The Insured shall give written notice to the Company as
<br /> soon as practicable of any claim made against the Insured or of any specific circumstances involving a
<br /> particular person likely to result in a claim. The notice shall identify the Insured and contain reasonably
<br /> obtainable information with respect to the time,place and circumstances of the injury,including the names and
<br /> addresses of the injured and of available witnesses and the extent of the type of claim anticipated. If a claim is
<br /> made or Suit is brought against the Insured, the Insured shall immediately forward to the Company every
<br /> demand, notice, summons or other process received by the Insured or the Insured's representative.
<br /> The Insured and each of its employees shall cooperate with the Company and,upon the Company's request,
<br /> assist in making settlements,in the conduct of Suits and enforcing any right of contribution or indemnity against
<br /> any person or organization who may be liable to the Insured because of injury or Damage with respectto which
<br /> this insurance is afforded under this policy; and the Insured, and any of its members, partners, officers,
<br /> directors,stockholders and employees that the Company deems necessary shall attend hearings and trials and
<br /> assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not,except
<br /> at the Insured's own cost,voluntarily make any payments, assume any obligations or it cur any expense.
<br /> D. BANKRUPTCY OR INSOLVENCY: Bankruptcy or insolvency of the Insured orof the Insured's estate shall not
<br /> relieve the Company of any of its obligations hereunder.
<br /> PLJ-2037(05198)(Ed.09/11) ©2011,Fireman's Fund Insurance Company,Novato,CA. All rights reserved. Page 10 of 13
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