2019-714-E AMS - Xybix Systems Inc. ES furniture

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DocuSign Envelope ID:95ED4E50-2135-4421-9D73-64AF3CA1B6D8 COMMERCIAL GENERAL LIABILITY "Personal injury"or "advertising injury" for 4. The following replaces the first subparagraph which the insured is obligated to pay of Paragraph f. of the definition of "insured damages by reason of the assumption of contract" in the DEFINITIONS Section: liability in a contract or agreement. This exclusion does not apply to: f. That part of any other contract or agree- ment pertaining to your business (includ- (1) Liability for damages that the insured ing an indemnification of a municipality in would have in the absence of the connection with work performed for a mu- contract or agreement; or nicipality) under which you assume the (2) Liability for damages because of"per- tort liability of another party to pay for sonal injury"assumed in a contract or "bodily injury,""property damage" or "per- agreement that is an "insured con- sonal injury"to a third person or organiza- tract", provided that the "personal in- tion. Tort liability means a liability that jury" is caused by an offense commit- would be imposed by law in the absence ted subsequent to the execution of of any contract or agreement. the contract or agreement. Solely for I. AMENDED BODILY INJURY DEFINITION the purposes of liability assumed in The following replaces the definition of"bodily in- an "insured contract", reasonable at- jury"in the DEFINITIONS Section: torneys fees and necessary litigation "Bodily injury" means bodily injury, mental an- expenses incurred by or for a party guish, mental injury, shock, fright, disability, hu- other than an insured will be deemed miliation, sickness or disease sustained by a per- to be damages because of "personal son, including death resulting from any of these at injury", provided that: any time. (a) Liability to such party for, or for J. BODILY INJURY TO CO-EMPLOYEES AND the cost of, that party's defense CO-VOLUNTEER WORKERS has also been assumed in the The following is added to Paragraph 2.a.(1) of same"insured contract"; and SECTION II —WHO IS AN INSURED: (b) Such attorney fees and litigation Paragraph (1)(a) above does not apply to "bodily expenses are for defense of that injury" to a co-"employee" in the course of the party against a civil or alternative co-"employee's" employment by you or perform- dispute resolution proceeding in ing duties related to the conduct of your business, which damages to which this in- or to "bodily injury" to your other "volunteer work- surance applies are alleged. ers" while performing duties related to the con- s. The following replaces the third sentence of duct of your business. Paragraph 2. of SUPPLEMENTARY PAY- K. AIRCRAFT CHARTERED WITH CREW MENTS—COVERAGES A AND B: The following is added to Exclusion g., Aircraft, Notwithstanding the provisions of Paragraph Auto Or Watercraft, in Paragraph 2. of SEC- 2.b.(2) of Section I —Coverage A— Bodily In- TION I — COVERAGES — COVERAGE A BOD- jury And Property Damage Liability or Para- ILY INJURY AND PROPERTY DAMAGE LI- graph 2.e. of Section I — Coverage B — Per- ABILITY: sonal and Advertising Injury Liability, such This exclusion does not apply to an aircraft that payments will not be deemed to be damages is: because of"bodily injury", "property damage" (a) Chartered with crew to any insured; or "personal injury", and will not reduce the (b) Not awned by any insured; and limits of insurance. 3. The following replaces Paragraph 2.d. of (c) Not being used to carry any person or prop- g p g p erty for a charge. SUPPLEMENTARY PAYMENTS — COVER- L. NON-OWNED WATERCRAFT AGES A AND B: d. The allegations in the "suit" and the infor- 1. The following replaces Paragraph (2) of Ex- mation we know about the "occurrence" clusion g., Aircraft, Auto Or Watercraft, in or offense are such that no conflict ap- Paragraph 2. of SECTION I — COVERAGES pears to exist between the interests of — COVERAGE A BODILY INJURY AND the insured and the interests of the in- PROPERTY DAMAGE LIABILITY: demnitee; (2) A watercraft you do not own that is: CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc.with its permission.