The URL can be used to link to this page

Home My WebLink About5.281 Original Contract 5. ;;<<61 MEMORANDUM l DATE: July 24, 1995 TO: Mari Bilsborrow, Parks Department FROM: Dennis C. Dickson, Sr. Assistant City Attorney RE: BMX Aqreement Attached hereto please find materials you forwarded consisting of the insurance agreement, various other BMX Association agreements, and the BMX track use agreement. Please note that I have approved the track use agreement as to form. Respectfully submitted, De~C~ Sr. Assistant City Attorney DCD:cb Attachments PKIH DM LAND USE AGREEMENT FOR BICYCLE MOTa-CROSS FACILITY IN LINCOLN PARK (WEST END) LAURIDSEN BOULEVARD & L STREET PORT ANGELES, WASHINGTON This Agreement is entered into this 1st day of April, 1995, between the City of Port Angeles, Parks and Recreation Department, hereinafter referred to as "Parks", and the Port Angeles BMX Association, a non-profit association, hereinafter referred to as "BMX" . City and BMX hereby agree to the use of the land at the west end of Lincoln Park as designated by the Parks and Recreation Director as a BMX facility for a period of one (1) year, with an option to extend the agreement for the next one (1) year. Terms and conditions of said use to be as follows: Parks agrees: 1. To allow the area at the west end of Lincoln Park, bordered on two sides by Lauridsen Blvd and L Street to be used by BMX for a one (I)-year period, from February 2, 1995, to February 2, 1996, with an option for renewal for a one (I)-year period, based upon approval by the Parks and Recreation Director. 2. To provide construction assistance at its discretion and to continue to provide maintenance, restrooms and trash removal services to the extent already provided. 3. To provide electricity and water to the track site. 4. To allow prescheduled BMX competitions and clinics to be - 1 - held at the site during the contract period. 5. To evaluate BMX activity at Parks discretion and direct BMX to correct any conditions which may be unsatisfactory and in need of change or correction by BMX. 6. To require the area to be cleaned to the satisfaction of the Parks and Recreation Director, or his designee, following competitions and clinics. 7. To allow BMX freedom of design in the track competition area upon the condition that said design complies with standards of the American Bicycle Association and that the same is approved or certified by the ABA. 8. To allow construction of a combination registration booth/announcing tower and/or the use of portable facilities for such purposes, approved by Parks. 9. To allow portable, self-contained food and drink concession(s) to be brought on the site on competition days, and allow for the sale of food and non-alcoholic beverages at the site. Said vendor(s) to have state license and/or health certificates as required by local health board. Said vendor (s) shall also provide proof of Commercial General Liability insurance written on a per occurrence basis with limits on less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as additionally insured shall be attached to the Certificate of Insurance. 10. To allow sponsoring organizations and/or sponsoring - 2 - businesses to erect and maintain signs in the BMX area. All such signs shall be subject to provisions of applicable City sign codes and subject to prior approval by the Parks and Recreation Director, or his designee. 11. To allow BMX to terminate this agreement upon sixty days written notice, without penalty, prior to the expiration of this agreement, if the operation of the facility be- comes cost prohibitive, and BMX agrees to removal of the area constructed for the bicycle competition and restora- tion to the original contour, insofar as is possible. 12. That at least three (3) months prior to the expiration of each term of this agreement, Parks will, in conjunction with BMX, review this agreement for the purpose of extending this agreement for the optional one (I)-year extension period. BMX agrees: 1. To design and construct a BMX facility on the designated property to meet all requirements as set forth by the American Bicycle Association, the national sanctioning body. 2. To pay all expenses directly incurred by BMX in a timely manner so as to avoid the creation of any liens on or against the park property or Parks. 3. To maintain the facility in competitive condition during racing season and periodically inspect the facility during the off season, giving complete consideration to spectators and participants alike. 4. To clean the area, to the satisfaction of the Parks and - 3 - Recreation Director or his designee, of all refuse accumulated during any competitions within twenty-four (24) hours of the completion of said competition. 5. To monitor activities for the prohibition of alcoholic beverages and drugs in keeping with park rules and the sanctioning body rules. 6. To employ the assistance of the American Bicycle Associa- tion in the design and construction of the BMX facility. 7. To construct and maintain a perimeter fence satisfactory to Parks and to assure the security of the facility to prevent unauthorized entry. 8. To indemnify, defend, and hold the City harmless from all claims, loss, injury, and damage arising from the BMX facility except for the sole negligence of the City. 9. To provide Commercial General Liability insurance written on an occurrence basis with limits not less than $1,000,000 combined single limit per occurrence, per location and $1,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability if and when an employee is hired by the Port Angeles BMX Association. The City shall be named as an additional insured on the insurance policy, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. BMX's insurance shall contain - 4 - a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. BMX's insurance shall be primary insurance as respect the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. Failure to maintain acceptable insurance will result in the termination of this use agreement. 10. To maintain and protect a satisfactory relationship with the American Bicycle Association, the national sanction- ing body, thereby keeping the BMX insurance policy in place. 11. In the event that the facility becomes cost prohibitive, and the competition area is closed during the term of this agreement, the competition area will be returned to as close to original contour as possible. This agreement may be terminated by either signatory party by giving written notice of intent to terminate sixty (60) days prior to termination date. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed the day and year first hereinabove written. PORT ANGELES BMX ASSOCIATION, a non- association CITY OF PORT ANGELES 7/'!fi:;- Scott ro hun, Parks and Recreatlon Director :n;~=: ~ hMj~~ ATTEST: A91 BMX - 5 - CITY OF PORT ANGELES PARKS & RECREATION DEPARTMENT 308 East 4th Street/P.O. Box 1150 Port Angeles, Wa 98362 Phone: 457-0411, Ext #227/244 PERMIT SPECIAL EVENT PARK USE Reference: Port Angeles Municipal Code 12.04.040, as follows: "Permits for special events in a recreation and park facility or for the use of specific areas in such a facility by individuals or groups may be issued by the Director upon written application. Any individual or group receiving the permit shall be subject to all applicable park regulations and city ordinances in the use of city facilities. The director, or his representative, shall revoke any permit where a city ordinance is being violated or use is not in accordance with that for which the permit was granted." Application Date: May 10, 1995 Organization(profit/non-profiO Port Angeles Bicycle Moto-Cross Association (BMX) Contact Person: Glenn Miller Address: 5305 S. Island Drive, Bonney Lake Wa 9 390 Phone:(w) 3-7 (h) 3-10 9 Title, Purpose & Description of Event/Project: The Port Angeles BMX Association proposed to operate a BMX bicycle race tracK located at Lincoln Park in an area west of the campgrounds, corrnnonly used as a surplus material storage area. Races and practice ays Wl 0 ow a erlcan lCYC e SSOCla lon sanc lone ru es an regulations. Date(s) .dl'inci'l~iOi~~ February 2, 1995 - February 2, 1996 Additional documentation required: o Use Agreement o Hold Harmless Agreement o Proof of Insurance o Damage Deposit ~ Other: Agreement between City and BMX Association Use authorized 0 BY: Date: Director, Parks & Recreation Comments: BMX Association must maintain current standing with ABA and must maintain in full force insurance acceptable to the City Attorney's office. o~ I'OR T "I"" ~~~~~ CITY OF PORT ANGELES PARKS & RECREATION DEPARTMENT .\~ --:w -;1' ~ - o~ HOLD HARMLESS AGREEMENT 1-.s>~ ..." -'1"'0 REC\'-"-\>- ORGANIZATION: Port Angeles Bicycle Moto-cross Association (BMX) EVENT: BMX Track races and practices CONTACT PERSON: Glenn Miller PHONE (W): 8637868 98390 (H): 863-1089 ADDRESS: 5305 South Island Dr. Bonney Lake, Wa In consideration of the use of the following described premises of the City of Port Angeles Lincoln Park BMX designated track area on from 4/1/95 to 3/31/96 the undersigned on behalf of himself, his principal, and his agents, hereby agrees to defend and hold the City of Port Angeles and its officials, employees and agents, harmless against any claims and/or lawsuits for personal injury and/or property damage arising out of, or in any way connected with, the use of the above- described premises, except for injuries or damages caused by the sole negligence of the City. By j ~<" day of ~i W--~ .199~ DATED this o PLEASE COMPLETE: EXPECTED ATTENDANCE:~ <.~ 'T)P-( MAY 11 '95 11:05 P.2/2 ,~: W WU...iS ~~(:~ -/. CO"ROON ~l'!' \:~ " i'~,': " ~~-'c:S~ijtR~~J..'~ '<-::,. ...:(.x~ ~.~. I <t ~ ~ .' .,:,.;. oj ,,~,{',.,:, ~ !:t~\~.; ':~..' ~j.o""~.. ~:~. ;::?:;;;:,~l..~'~~ ~':~~ IliUM DATI (A,f,f/OOlYY) , . I .. , ;,~J.~:'9.'~~I'''.j4~.)lJ.: :"::.. .~t c"~ ~ ~..t~:~t:.'~i A' , .' ~;'" . . .s:..~~::j?;:t::~f:':;:.;,<rf)b;llll;./~,~::~,OF.~h.,.~.J,~ 6-FEB-19 '3 5 5 a 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORWA liON ONL V A CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA Does NOT AMEND. EXTEND OR AL TEFl THE COVERAGE AFFORDED BY POLICIES BELOW. COMPANIES AFFORDtNG COVERAGE Willis Corroon Corporation of Arizona 18 1 0 North 18th Stroot Suite 300 Phoenix AZ 85020-5299 (602) 870-7000 COMPANY A Sphere Drake Insuranct>> PLC l..EnEFl .~.~~::1.L~!~~y_PaY~d~ISl'__.____________ ~ S American Bicycle Ann. Track Ownnrs & Landowner$ P.O. BOM 718 Chandler AZ 85224 COMPANY LEnEFl C COIrPANV E LETTiR ._--".,.. --'" ....---..-.--.--------..... ." <. J COIJPANY D I.lmEF't . :"'1' :, .:' ;}N;N6~N~.P~: ~. ~'l ~ ," :.,.}., 'l y,n, ~; .:..,:';:~.~..<.;~: .'," , 1 ~ ~;;:~;;.'{~; ~ , : 'A'\,', :.~ ~ ~~:'.IJ~.~~:lh~.i:.:i.1,:~:~:t~~!~:?:~n;q:~~:~~;~'t. ~ \~:,:;\<.;;: ::;f~ ~~ i><:":,~:.. ::';- ::'\~:','~ .~'~.:;:..?:~:~.~~.~:(;:~:W~~W~!~~~:;~t':f#,~I~:. THIS DESCRIPTION OF OPERATIONS A 1T ACHMENT MAYBE RELIED UPON ONLY IF THE CERTIFICATE .R.S;~.~.I!~~Q_T<:> ~~.~~~!!.!.~.A.!'T~Cf1~I;)~.~.fl~1.Q..., _.. .__.___ ---. - ---.-----..-.. - .. ... .-. ~&rtliicate Holder : port Angeles BMX Track #1251 Coqerages: Broad form CGL Spectator Liabi11ty Part1c~pant Legal L1abl11ty TRACK OPERATORS, LANDLORDS & PARTICIPANTS ARE INCLUUED AS ADDITIONAL INSUREDS ALONG WITH ~HE CERTIFICATE HOLDER FOR ALL OPERATIONS ARISING FROM A SANCTIONED ABA/BMX RACE AND TRACK. '. AlSo name~ as Addltlonal In8urea 1S C1ty of Port Angeles, its employees, officers, offlclala and volunteer's. 1 I. ,: I \1 REVISED ;;- A4~4.nl~,., CERTIFICA TE OF INSURANCE ISSUE DATE (MM/D[\i'~'Pl, . n 6-FEB-1995'" PRODUCER 35580 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Willis Corroon Corporation of Arizona CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 7310 North 16th Street POLICIES BELOW. Suite 300 COMPANIES AFFORDING COVERAGE Phoenix AZ 85020-5299 (602) 870-7000 COMPANY A Sphere Drake Insurance PLC LETTER Contact. Sandy Payne, CISR COMP ANY B -INSURED LETTER American Bicycle Assn. Track Owners & Landowners COMPANY C P.O. Box 718 LETTER Chandler AZ 85224 COMP ANY 0 LETTER COMP ANY E LETTER COV~nAQl;:S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED, NOTWITHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA TE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY BODILY INJURY OCC $ f-- X COMPREHENSIVE FORM BODILY INJURY AGG $ - ~ PREMISES/OPERATIONS PROPERTY DAMAGE OCC $ UNDERGROUND PROPERTY DAMAGE AGG. $ - EXPLOSION & COLLAPSE HAZARD A -2<_ PRODUCTS/COMPLETED OPER. SDM00697 02-FEB-1995 02-FEB-1996 BI & PO COMBINED OCC. $ 1 000,000 X CONTRACTUAL BI & PO COMBINED AGG $ - ~ INDEPENDENT CONTRACTORS PERSONAL INJURY AGG. $ BROAD FORM PROPERTY DAMAGE - -- -- - X PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY - $ ANY AUTO (Per person) - (Prlv. pass) ALL OWNED AUTOS BODILY INJURY $ - ( other than) (Per accident) ALL OWNED AUTOS prlv. pass. - HIRED AUTOS PROPERTY DAMAGE $ - NON-OWNED AUTOS - GARAGE LIABILITY BODILY INJURY & '--- PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY EACH OCCURRENCE $ R UMBRELLA FORM AGGREGA TE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION I STATUTORY LIMITS AND EACH ACCIDENT $ DISEASE-POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE-EACH EMPLJYEE $ I OTHER I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS THIS CERTIFICATE MAY BE RELIED UPON ONLY IF THE DESCRIPTION OF OPERATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACHED HERETO. CERTIFICATE: HOLDER CANCELLA nON 10 days. tor Mh payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Port Angeles BMX Track #1251 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Glen & Debra Miller LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP0SE NO OBLIGATION OR PO Box 2883 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENT A TIVES Port Angeles WA 98362 AU~RESENTATIVE ~~. l ACORD ~$ 0' 1$0) l ~ } qy , ~ ACQ~O CORPORA nON 19!1() "1 ... WILLIS W CORROON PRODUCER CEo ISSUE DATE (MM/DD~YY) Willis Corroon Corporation of Arizona 7310 North 16th Street Suite 300 Phoenix AZ 85020-5299 (602) 870-7000 COMPANIES AFFORDING COVERAGE American Bicycle Assn. Track Owners & landowners P.O. Box 718 Chandler AZ 85224 caMP ANY A Sphere Drake Insurance PlC LETTER CaMP ANY B LETTER caMP ANY C LETTER caMP ANY D LETTER caMP ANY E LETTER . c:~n.t~ct : Sandy Payne, CISR INSURED THIS DESCRIPTION OF OPERATIONS A TT ACHMENT MAYBE RELIED UPON ONLY IF THE CERTIFICATE REFERRED TO HEREIN IS A TT ACHED HERETO. Certificate Holder : Port Angeles BMX Track #1251 Coverages: Broad Form CGL spectator Liability Participant Legal Liability TRACK OPERATORS, LANDLORDS & PARTICIPANTS ARE INCLUDED AS ADDITIONAL INSUREDS ALONG WITH THE CERTIFICATE HOLDER FOR ALL OPERATIONS ARISING FROM A SANCTIONED ABA/BMX RACE AND TRACK. Also named as Additional Insured is City of Port Angeles, its employees, officers, officials and volunteer's. REVISED WIl.l.l$ CORflOON 2M 1 $/91 @ Wlll,.IS CORROON 1$91 Policy Numbcr: SDM 00697 New or Renewal: NEW 2/8/95 rdw MOTOR SPORTS LIABILITY INSURANCE Declarations INSURED: AMERICAN BICYCLE ASSOCIATION AND AS ENDORSED HEREON PO BOX 718 CHANDLER, AZ 85224 POLICY PERIOD: FEBRUARY 2, 1995 TO FEBRUARY 2, 1996 COMPANY SECURITY: SPHERE DRAKE INSURANCE P.L.C. AGENT OF INSURED: George Knight & Associates, Inc. LOCATION OF INSURED PREMISES: (Coverage limited to scheduled events on Events Endorsement) VARIOUS INTEREST OF INSURED IN INSURED PREMISES: (check below) owner 2 general lessee tenant other: LIMITS OF LIABILITY: Coverage A - Bodily Injury Liability: $ 1, 000, 000 . 00 CSL Coverage B - Property Damage Liability: $ INCLUDED DEDUCTIBLE: $500.00 BI/PD/LAE ENDORSEMENTS: Events Endorsement Participants Legal Liability Endorsement Products Liability Endorsement Personal and Advertising Injury Liability Endorsement Escalator Endorsement L6395a, L9001, ENDORSEMENTS 1, 2, 3, 4, LSW 1001 PREMIUM PER EVENT: $ NOT APPLICABLE ,,'1 ~:lPPREMIUM: ! I I MINIMUM PREMIUM: . Countersigned by: George ght of r---. George Knight & Associates, Inc. Attached to and fonning part of Policy Number Issued by: Effective: Insured: EVENTS ENDORSEMENT In consideration of the premium charged, the following events are covered by the Policy, subject to all the provisions of the Policy, including but not limited to, the INSURING AGREEMENTS, CONDmONS PRECEDENT TO COVERAGE and OTHER AGREEMENTS AND CONDmONS. 1Jpe of Event Date of Event BICYCLES TO BE REPORTED All_cthr.r tr.J1l\:\ andJ;onditinn.C\ o(1J1f~Yn1icv .remain 1Ulcbal1l~ed. .'tt., ~ . . . . 6 GL 03 00 (Ed 07 811 This endorsement forms a part of the policy to which attached, effective on the 'nceptlOn date of the policy unless otherwise stated herein (The following information IS reqUIred only when this endorsement IS Issued subsequent to preparation of policy) Endorsement effective Policy No Endorsement No Named Insured Countersigned by (AuthOrIZed Representative) ThiS endorsement modifies such Insurance as IS afforded by the prOVISIOns of the policy relatmg to the followmg COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS. LANDLORDS AND TENANTS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE SMP LIABILITY INSURANCE DEDUCTIBLE LIABILITY INSURANCE II IS agreed that. 1 The company's obligalton under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on behalf of the Insured, applies only to the amount of damages in excess of any deductible amounts stated m the schedule below as applicable to such coverages, and the limit of liability shown m thiS polley as being applicable to "each occurrence" for such coverages shall be reduced by the amount of such deductible. The limit of liability shown m thiS policy as "aggregate", If any, for such coverages shall not be reduced by the applicalton of such deductible amount. 2 The deductible amounts stated In the schedule apply as follows (a) PER CLAIM BASIS--If the deductible IS on a "per claim" baSIS, the deductible amount applies under the Bodily Injury Liability or Property Damage liability Coverage, respectively, to all damages because of bodily mjury sustained by one person, or to all property damage sustamed by one person or organization, as the result of anyone occurrence. (b) PER OCCURRENCE BASIS-If the deduclible IS on a "per occurrence" baSIS, the deduclible amount applies under the Bodily Injury liability or Property Damage Liability Coverage, respectively, to all damages because of all bodily injury or property damage as the result of any one occurrence, regardless of the number of persons or organizations who sustam damages because of that occurrence 3. The terms of the policy, mcludlng those With respect to (a) the company's rrghts and duties With respect to the defense of SUitS and (b) the Insured's duties in the event 01 an occurrence apply Ifrespechve of the applicatIOn of the deduchble amount. 4. The company may pay any part or all of the deduchble amount to effect settlement of any claim or SUit and, upon noltflcalion of the achon taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paul by the company SCHEDULE Amount and Basis of Deductible $ 500.00 per claim $ ------ per occurrence $ 500.00 per claim $ ------ per occurrence APPLICATION OF ENDORSEMENT (Enter here any limitations on the appllcalton of thiS endorsement If no limitatIOn IS entered, the deductlbles apply to all loss however caused):- INCLUDES LOSS ADJUSTMENT EXPENSE. Coverage Bodily Injury LiabJllty Property Damage Liability GL 03 00 07 81 COVERAGE PART COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE L 6390 lEd I 73) For attachment to Policy No , to complete said policy SCHEDULE The Insurance afforded IS only with respect to such of the following Coverages as are indicated by specific premium charge or charges The limit of the company's liability against each such Coverage shall be as stated herem, subject to all the terms of this policy havmg reference thereto . --- --- _.--~----- . Advance Limits of liability - Coverages Premiums each occurrence aggregate $ INCL. $ SEE ENDT. $ SEE ENDT. A-Bodlly InJuI y liability $ INCL. $ SEE ENDT. $ SEE ENDT. B-Property Damage liability $ Form numbers of endorsements attached at issue $ INCL Total Advance Premium General Liability Hazards Advance Premiums Rates Premium Bases Code Bodily Injury Property Damage BI I PO No. Description of Hazards (I) Per $1,000 of Receipts (a) Receipts Completed Operations NOT COVERED (b) Per $1,000 of Sales (b) Sales Products INCL. INCL. INCL. INCL. INCL. INCL. $ INl IIIII( $ or"',",' TTT\1'fT" Total Admce 81 .nd PO Premiums I \ When used as a premium basis: 1. "receipts" means the gross amount of money charged by the named Insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcastin~ or motion pictures, and IOcludes taxes, other than taxes which the named Insared collects as a separate Item and remits directly to a governmental diviSion; 2. "sal.... means the gross amount of money charlled by the named Insured or by others tradlOll under his name for all goods and products sold or distributed during the polley period and charged during the policy period for Installation. servicing or repair, and IOcludes taxes. other than taxes which the named Insured and such others collect as a separate lte~ and remit directly to a governmental division. I. COVERAGE A-BODILY INJURY LIABILITY COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay JlS damages because of A. bodily injury Dr B. property damage to which this insurance applies, caused by an occurrence, If the bodily injury or property damage is mcluded within the completed operations hazard or the prod- ucts hazard, and the company shall have the right and duty to defend any suit agamst the insured seeking damages on account of such bodily injury or property damage, even If any of the allegations of the suit are groundless, false or fraudu- lent, and may make such Investigation and settlement of any claim or suit as It deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of Judgments or settlements Exclusions This insurance does not apply: (al to liability assumed by the insured under any contract or agreement; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage for which the insured may be held hable (1) as a person or orgaO/zaMn engaged In the bUSiness of manufacturmg, dlstn- buling, selling or servmg alcoholic beverages, or (2) If not so enj:aged, as an owner or lessor of premises used for such purposes, If such liability IS Imposed (I) by, or because of the vlolalion of, any statute, ordmance or regulalion per- taming to the sale, gift, distnbulion or use of any alcoholic beverage, or (Ii) by reason of the selling, servmg or glvmg of any alcoholic beverage to a mmor or to a person under the influence of alcohol or which causes or contnbutes to the mtoxlcalion of any person; . . but part (II) of thiS exclUSion does not apply With respect to liability of the insured as an owner or lessor deSCribed In (2) above, (cl to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (d) to bodily injury to any employee of the insured anslng out of and In the course of hiS employment br the insure~ .or to any obli~atlon of the insured to indemnify another because 0 damages ariSing out of such inJury; (el to loss of use of tangible property which has not been physically injured or destroyed resulting from (I) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (fl to property damage to the named insured's products arising out of such prod- ucts or any part of such products; (g) to property damage to work performed by or on behalf of the named insured ariSing out of the work or any portIOn thereof, or out of materials, parts or equipment furnished in connection therewith; (h) to damages claimed for the withdrawal, inspecllon, repair, replacement, or ,.,.,",., OA'~TiiEii;:icO ........u........ loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein, (I) to bodily injury or property damage ariSing out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, aCids, alkalis, tOXIC chern. Icals, liquids or gases, waste matenals or other Imtants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but thiS exclusion does not apply If such discharge, dispersal, release or escape is sudden and aCCIdental. II. PERSDNS INSURED Each of the followmg is an insured under this insurance to the extent set forth below: (a) If the named insured is designated 10 the declarations as an indiVidual, the person so deSignated but only With respect to the conduct of a busmess of which he IS the sole proprietor, and the spouse of the named insured With respeclto the conduct of such a business; Ibl if the named insured is deSignated in the declarations as a partnership or joint venture, the partnership or Jomt venture so designated and any partner or member thereof but only With respect to hiS liability as such; (c) If the named insured IS deSignated in the declarations as other than an in- dividual, partnership or 10lnt venture, the orgamzatlon so deSignated and any executive officer, director or stockholder thereof while acting Within the scope of hiS dulles as such; {dl any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured. This insurance does not apply to bodily injury or property damage ansing out of the conduct of any partnership or joint venture of which the insured IS a partner or member and which IS not designated in thiS poliCY as a named insured. III. LIMITS DF LIABILITY Regardless of the number of (l) insureds under this policy, (2) persons or organi- zations who sustain bodily injury or property damage, or (31 claims made or suits brought on account of bodily injury or property damage, the company's liability IS limited as follows. Coverage A-The total liability of the company for all damages, includmg damages for care and loss of serVices, because of bodily mjury sustamed by one or more persons as the result of anyone occurrence shall not exceed the limit of bodily injury liability stated 10 the schedule as applicable to "each occurrence" . Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all bodily mjury to which this coverage applies shall not exceell the limit of bodily injury hablllty stated In the schedule as "aggregate ", Coverage B-The total liability of the company for all damages because of all property damage sustained by one or more persons or orgaO/zatlOns as the result of anyone occurrence shall not exceed the limit of property damage liability stated m the schedule as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all property damage to which thiS cov- erage applies shall not exceed the limit of property damage liability stated in the schedule as "aggregate". Coverages A and B-For the purpose of determining the limit of the company's liability all bodily Injury and property damage arising out of contmuous or re- peated exposure to substantially the same general conditions shall be conSidered as arising out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. Attached to and fonning part of Policy Number Issued by: Effective: Insured: PARTICIPANTS LEGAL LIABILITY ENDORSEMENT In consideration of the premium charged. the following applies to the Policy: The Policy applies to claims arising out of bodily injury to any person or persons injured in Restricted Areas, on the racing surface or the ways immediately adjoining, if such person or persons have signed a Release and Waiver of Liability and Indemnity Agreement and such release is on file with the Insured and is available to the Company upon request. All other tenns and conditions of the Policy remain unchanged. Attached to and formlnl part of certlflcale/C N /Pohcy Number I s.sued by Effecllye Assured SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Insurers hereon to pay any amount claimed to be due hereunder, the Insurers hereon, at the request of the Insured (or Reinsured), will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Insurers' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon Wilson, Elser, Moskowitz, Edelman and Dicker, 150 East 42nd Street Hew York, NY 10017-5639 and that in any suit instituted against anyone of them upon this contract, Insurers will abide by the final decision of such Court or of any Appellate Court in the event of an . appeal. The above named are authorized and directed to accept service of process on behalf of Insurers in any such suit and/or upon the request of the insured (or Reinsured) to give a written undertaking to the Insured (or Reinsured) that they will enter a general appearance upon Insurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district or the United States which makes provision therefor, Insurers hereon hereby designate the Superintendent, Co.missioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. ENOQRSEMWT NUMBER ONE All other telms and condlllons remalR unchanced Aulhollled R,pttstnlallY, I ssued by Effective Assured EN 00 RS EM Erl T NUMBER rnJ The following additional amendments affecting Earned Premiums, if marked by "XII, attach to and become a part of this policy: MINIMUM EARNED PREMIUM The cancellation clause of this policy is amendeo to provide that in the event of cancellation by the Insured, the MINIMUM EARNED PREMIUM due the Company shall be not less than 25 % of the policy premium including any amendments thereto, or the normal SHORT RATE provision, whichever is the GREATER. D FULLY EARNED Pl~MIUM Should the Insured cancel this policy, the Loss Clause of this policy is amended by addition of the following stipulation: "In the event of a total loss being paid for an item of property described in this policy, the premium charged for that item shall be FULLY EARNED. In the event of a partial loss, the EARNED PREMIUM for that item shall be no less than the percentage of such loss bears to the total amount said item is insured for." TWO (2) All other films ,nd tondllions rem,in unch,nlad. Aulhorlltd Represenl.llv, GWG-69 Attlched to and formtnl part 01 certlhcate Ie N.I Polley Number luued by Effective Assured ADDITIONAL INSUREDS A. ANY PERSON OR ORGANIZATION ENGAGED IN OPERATING, MANAGING, SANCTIONING, SPONSORING THE RACING PROGRAM, OR PROVIDING THE PREMISES FOR A RACING PROGRAM, INCLUDING OFFICIALS OF THE RACING PROGRAMS. B. ANY PARTICIPANT (EXCEPT FOR EMPLOYEES AND OFFICIALS OF THE RACING PROGRAMS), ONLY WITH RESPECT TO BODILY INJURY OR PROPERTY DAMAGE TO PERSONS OTHER THAN ANY OTHER PARTICIPANT, BICYCLE OWNER, BICYCLE SPONSOR, OR EMPLOYEE; C. ANY BICYCLE OWNERS AND BICYCLE SPONSORS. EHDORSE/WIT THREE (3 ) NUMBER All other telms and conditiOns remain unchanaed. Authollzrd Represent'lIve GWO- 0 (5.7 II ) AtllChed to and form,". part 01 certlflcale/C N /Pohcy Number luued by Effective Assured SPECIFIED OPERATIONS ENDORSEMENT It is specifically agreed and understood that the insurance premiums charged under this policy contemplate covering only "racing events" occurring at the insured's "premises", and this policy specifically does not cover events such as, but not limited to any events not sanctioned by The American Bicycle Association, unless said event is declared to the Company and unless it is agreed to accept such coverage for these separate events by written notice to the insured, and by endorsement to the policy. ENDORSEMEtlT FOUR (4 ) NUMBER All other ttlms and condlllons remarn unchlnaed. Aulhollud Representative CiWO.O (5-76) Anlchld to ,nd formlnc Plrt 01 ce/tllle.l./e H./Pohcy Nuftlber Juu.d by EHecllve Assured SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insur- ance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all of part of its obligations. ENDORSEMEtIT NUMBER LSW 1001 All other It/ms Ind conditions rem.'n unchlnltd. Aulhollrtd R.prn.nl..... GWG-O (5-76) SDM0069i POI-IOV EflFEC'l'lvi ~ ~OI.I~V 1!)('lftAY;~-'" " OA1S(MlJ/OO/YV) I)ATt(~t.!IOD/Y'() I ll:lulJlLY INJIJRY OCC. r----..,-..-, ...- i a\lOILY ltiJUAy ~CC. $ ~.~~;(~~~~ ~A!i.~~~_.Y.f~,. ..._ ~ ~.~:.==~-=~ --- ~RD~I~ ~~._9.~M~.t2~_.. ._ $____". .. 02-FEB-1995 02-FEB-1996 ~~!_~ PO..~~~.BJ_Pi.S~_"~,, ~ ..____,_.!.:Q..(!.9J_ ~I, lL~Lq~~!!!~~_L__, .'__... .. RERSUNAL INJURY AGG. $ y,~{~:~~~~~,:~:;;"!,~~;~,]y~~;!- ~~f:~~~~fL:: , P.1/2 MAY 11 '95 11:01 .~AI...'II. ':l":'~_.'.~.~,,,' , :~~'~':;" " "',\ '" ''-:fBl'' ""i ':_:'''~' "'''.,' 'l~:j:?h>~,,::~~;::,,:,/...,:.t,;, ,,:..-:,.,'.;,:;.',~.t:~:r 18.lJIiQATW/"",/OO/YY) , "'.... r.. ~~\!~li,.~~JW:~r :,' F:::>. .< l ,.,.! ,:,' :~,'.~ ~ <' ,. ': ',~':-:~,:/; i~:;,:::~:, :!:~,;:ih,:;~':',..;'/~~<,,~M': _ _' . "'f.ft'R'v~':-:~'~"~'I'~IJ'~""":'I~'~"~'" ~'~~J'''''>'' ("~",,,.,.'~I ""~'J" I~ y..~";o:~,,;-,t,,,,;o;"""~"'J'~ '0' "'"'~" "~' :'.. 6 FEB 19 ""ol:llJC 3 5 5 6 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y A . . . CONFERS NO RIGHTS UPON lHE CERTIFICATE HOLDER. THIS CERTIFICA WIllis Corroon Corporation of Arlzonil DOES NOT AMEND, EXTEND OR ALlER 'THE COVERAGE AFFORDED BY T 7310 North 18th Strettt POLICIES BELOW. Suite 300 Phoenix (602) 870-7000 AZ 85020-5.299 COMPANIES AFfORDtNG COVERAGE CO!JPANY A Sphere Drake InsUrilnG. PLC llme;c i~~~:;t : Sandy P(lX.!1.'-, ~L~~___ _________ .. CO~f'ANY B LEnER COI4'ANY C LETTeR CO~ANV 0 u:rn;R CO/;f>ANV E l.eTTER 452. ()g,4- ~m.rican Blcycl" Ai-llIn. Track Own.ra & landowners :).0. Box 716 ~handler AZ 85224 ~'9~JftAA_~~\;~~~:~~;~~,)~,~t(.: " :" "'~:"'~1::: .:~ > ~I:':" ':" ':' ~> ~:,':; '~:" ~~<',t: ~,.., ~:~ ; ::: ~', : ~~f r~~;~ ~tM;f:,~A'~~~~~~~:~~~,~*~, > , .. ......, :, " '" ~" ojlS IS TO C~RTIFY THAT l'HE POLICI5:S OF INSURANCE L.1Sn~o BeLOW HAve seeN ISSUED TO 'rHE INSURED NA.MeO AElOVii FOR THE POI.ICV PiAl IDICATED. NOTWITHSTANDINQ ANY REQUIREMI:Ni. rERM OR CONDITION OF ANY CONTRAc'r OR OTHER OOCUMENT WITH RESPe;:CT TO WHICH T f:RTIFICAle: MAY SE ISSUED O~ MAY PERTAIN. THE INSURANCE AFFORDED BY TI-I5 POLICIES DESCRIBED HEREIN 1$ SUBJECT TO ALl.. THe Ti Xc..LUSIONS ANO CONDITIONS OF SUCH POL.IOIES. ~! TV,., ~~ IHaUIfAHC~---"-".I--;'~~IC~ ~~M'l!ft Q~I.R...1. I.\AilLITY . xl COMPREtlENSlve FOAM X PReMlseSIOPERIlTION~ .-- UNoeAr,ROUNlJ .__ EXPLOSION Il. COllAPSE H~':AHO X PROOUCTSICOM~u:rt:o O'P~R , X CONTRACTUAL X INOEPENOENT CONTRACT!)A~ BflOAD FORM PAOPERTY DAMAGE X PERSONAL INJUA'( AUTOMoalLII.I;,81L.IYV LIMIT' s ANY AUTO ALL OWNEO AUTOS (Prl~, pm,) - ~:~= ALL OWN~D AUTOS (PII:\~.I J~:~J MIRED AUTOS NON-OWNEO AUTOS GARAGE LIAaJl.JTY ~OlJrL~ INJUR'i (F'~I pe, SOil) I 1"-'---'-" - . -- BIJUILY lNJUf\\ (Per ~ccldel1l) $ $ -"---"'-'--~'-." "---,0' PI\OPERTY [lI\MAJ:;~ $ Ii:MPI.OVi"a'UAaILITI' 1 jr [ .. , ----.p-- BOI1IL Y INJURY Ii PllOPERTY OAMAIiE $ COM81NED Fllil...E!:i.E!:!.~.!!~N,C~ 00_"_ $ ~~GHt:GAT~ S -::~',-'-~:':,:': ~~. ~ ,~I:"'~" '~~:,'> :.~~. ':">~'(~~~(:~;'T:~~:~~.. ~r' r.fATI;TURY L1MI rs ; :"'~:~'N':~":";,, .,'. ; , .-.-.:......-....---..- - ..- ,"",.... '.' ,. ".:.,l<- F;\';f/ ACCIOtN r $ ~-l-----__ . 1.~~~eA$~:~!2!:w....!:!M!J'__ $.._____ ._, r DISEASE-EACH EMPLOyee $ IlXCSe.l.IAaIL.ITY ./ UMeReLlA FORM l OTlIIiR THAN UMBREU" J'ClliM WORKiR'!i COMPII!.NGAT10N AND OTHiII iCfllPYION OF OPIiRATION.ILOeATiON$/lIliHICl.al/IPECIAL ITI!lIIl$ IS CERTIFICATB MAY BE RELIED UPON ONLY IF THE DESCRiPTION OF E~ATIONS ATTACHMENT REFERRED TO HEREIN IS ATTACHBD HERETO. R-iliF.1 "A:re:i.;.r"'l;Q.~~' ,;' ;i\ . ^., '" . , . . '" , '" "},, ::':,':'.i,:',~,:',~,,~c;AN'9~~li.~'lJ~~"':~~',~ p,<~.y.~i: ,t or,~ h~rt pai"".rd>~';::'. '.;, ,:;::':,~.:;;..:'> ,; ,::'::" :":",i::'" .." .. 'o'",."m~, I~" ':{~ SHOUI.D ANY OF THE ABove DESCRIBED POLICI!::S BE CANCELLED BE;FORIE TH , :.'~E,)(PIRATION OATS THeREOF, THE ISSUING COMPANY WILL ENDEAVOR T l~: MAIL. 30 OAYS WR1TTE.N NOTICE TO 1'Mt:: CllRTIFICATE HOLDER NAMEO H) T rt Angeln SMX Track #1281 :':~L.EiFT ElUT-'FAILU~Ei 'ro MAIL SUCH NOTIClJ $HALL IMPOSE NO oel.IGATlON 0", ~n & Debra Millor < < \~:;: L.IABI~ITY OF ANY KINO UPON THE OOM~ANY. ITS AGENTS OR REPRESENT A TIVE" , Box 2883 ~.~': rt Angole$ WA 98362 :;~f AUTD:;IZEO RllPAli8iNTATIVIl . r, ' l:t W _ ., I . . ~:~I'~"" ""',' .....,l.~ '.,:' ''lo''''~ ,; , , \ORD:'~~~i1.'~~t:~>~ ~'~\(~'I,',i : :~ ~.. : ,'; ,:: ~ " :', ','~, ,'~ ,f ;. ';.; ;, , I ~...' /":' 'l/,:,~2~"<'~~::~1~~~~J~:t~:W;~~:;~:~~.~~,~;~~: \ t\,~': ::~\~~ ",.~., . ~.~.~ ).' :.,:~ ~;,:<: \ ,,~lo~J ~ ~ y ~ <,: ~ I '1/,3; ,J,JrV!" ,.,~.~~, " , .', , f , ,',' . ,,' " I ~I_" ',I" "I ~1" I.,".....,~"....,~;.~~t-..X~~">.>,.,~,>,<,~~ " ,'..:', " . TLfJS n::~~n-""'''''-lli'ON-' 'OF' 'Op' E' RAT"ONS 'ATT' ,',;..., \ ~...~'" .~,~~,f!~\~~,..~,;..>:.t~\'-,*.\~,~,~~~.:::..:~ ,~:t :'~'~ ~';::' <'''~::'''.~~'1'''):' \"", ~I.~"">'," ~';;,' >,' ,~>~~)"~~~,;";.,c~::;'~~'~~F:;I~,,,'~,,~,:~<,;;.:,jr,.~~;~:.';~ ~ ''9" ., - --...- ACHMENT MAY BE'RELIED'UPO" 'Y, . .. " '.,').' ", ,,')" 'Y'''''':'',:~.:~,:,\,,;..t,,'!,.'..: '~. _R~F~RRED IQJ:~ER~~I~AT.1ACHED HERETO. N ONLY IF THE CERTIFICATE . - "--,- - -.-.----..- - '- ...-.., ~--- rt1fjcate HOl~e~ : Port Angeles BMX ~rac~ #1251 - -"'- --'-..-- lerages: Broad Form CGL Spectator Llaoillty Part1cLpant Legal L1ab111ty ,c~ OPiRATORS, LANDLORDS & PARTIe UREDS ALONG WITH THE CERTXFIC IPANl'S ARE INCLUD!l:D AS 'ADDl~IONAL M A SANC~IONED ABA/BMX RACE A~~ET:~6~~R FOR ALL OPERATIONS ARISING ~ namea as Addltlondl Insured is City o~ Po~t Ange'e~, . lee f~ ~. ~ ~ tts emDIDVA~Q . rs, 0 .1clals anrl Ul"lllll'lt-,....._,_ COVERAGE PART L 6395a (Ed. 1-73) COMPREHENSIVE GENERAL LIABILITY INSURANCE For attammentto Policy No. , to complete said policy ADDITIDHAL DECLARA nOHS Location of all premises owned by. rented to or controlled by the named insured ,ENT'" UME" " B.ME LOC.TION .. .00.... '''OWN IN ITEM 10' OECLU.TIONBI VARIOUS Interest of named insured in such premises ICHECK ULOWI DOwner D General Lessee D Tenant 0 Other Part occupied by named Insured (ENn. ULOW, The following discloses all hazards insured hereunder known to eXISt at the effective date of this policy, unless otherwise stated hereil SCHEDULE The Insurance afforded IS only With respect to such of the following Coverages as are indicated by speclfrc premium charge or charg liability against each such Coverage shall be as stated herem. subJPct to all the terms of this policy having reference thereto Coverages Limits of Liability each occurrence aggregate A-Bodily Injury liability $SEE DEC. PAGE $SEE DEC.P1\ B-Property Damage liability $SEE DEC. PAGE $SEE DEC.P1\ Form numbers of endorsements attached at Issue Total Advance Prem General Liability Hmrds Code Premium Bases Rates AdYlnce Premiums Description of Hazards HI. B.I. I P.O. Bodily Injury IProperty Damage Premises. Operations I I BICYCLE RACING 79482 li"LAT :NCLUDED (al Area (Sq. Fl.) (a) Per 100 Sq. Ft. of Area (b Frontage (b) Per linear Foot (c) Remuneration (Cl Per tlOo of Remuneration (d) Receipts (d Per 100 of Receipts (e) Units (e) Per nit (I) Admissions (I) Per 100 Admissions Escalators (Number at Premises) Number Insured Per Landin, NOT COVERED Independent Contractors Cost Per $100 of Cost IF ANY, COVERED HEREUNDER Completed Operations (a) Receipts (a) Per $1.000 of Receipts NOT COVERED Products (b) Sales (b) Per $1.000 of Slles CONCESSIONARIES 39982 INCL. INCL. INCL. ITotal Advance 8.1. and P.O. Premiu. . When used as a premium basis. 1. "admissions" means the total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. "cost" means the total cost to the named insured with respect to operations performed for the named insured dunng the policy penod by independent contractors of all work let or sub.let In connection With each speCifiC proJect, including the cost of all labor, matenals and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. "receipts" means the gross amount of money charged by the named Insured for such operations by the named Insured or by others during the policy penoa as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named Insured collects as a separate Item and remits directly to a governmental diviSion; 4. "remuneratlan" means the entire remuneration earned during the policy period by proprietors and by all employees of the named Insured, other than chauffeurs (except operators of mobile equipmentl and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "Illes" means the gross amount of money charged by the named Insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the poliCY period for Installation, servicing or repair, and includes taxes, other than taxes whIch the named Insured and such others collect es a separate Item and remit directly to a governmental division. I. COVERAGE A-BODILY INJURY LIABILITY COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the Insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury or B. Drooerty damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage. even If any of the alle~atlons of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or Judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of Judgments or settlements. Exclusions This insurance does not apoly: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (bl to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his emoloyment by any insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways imme. dla~e.ly adjoining, if such automobile is not owned by or rented or loaned to any insured; lei to bodily Injury or property damage arising out of (l) the ownership, main. tenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith, ld) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; Ie) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loadmg or unloading of (I) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his em. ployment by any insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the named insured; If) to bodily injury or property damage ansing out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into Dr upon land, the atmosphere or any water course or body of water: but this exclusion does not apply if such discharge, dIspersal, release or escape is sudden and accidental; (gl to bodily injury or property damage due to war, whether or not declared, CIVil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregomg, with respect to m liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; (h) to bodily injury or property damage for which the insured or hiS wdemOltee may be held liable m as a person or orgaOlzation engaged m the busmess of manufactUring, distributing, selling or servwg alcoholic beverages, or (2) If not so engaged, as an owner or lessor of premises used for such purposes, if such liability IS imposed h) by, or because of the VIOlation of, any statute, ordmance or regulatIOn pertawing to the sale, gift, dlstnbution or use of any alcoholic beverage, or (il) by reason of the selling, serVing or givmg of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the mtoxlcatlon of any person, but part (ij) of thiS exclusIOn does not apply with respect to liability of the insured or hiS IOdemnltee as an owner or lessor described 10 (2) above; hI to any obligation for which the insured or any carrier as his insurer may be held hable under any workmen's compensation, unemployment compensa. tlon or disability benefits law, or under any Similar law, ()l to bodily injury to any employee of the insured anslOg out of and 10 the course of his employment by the insured or to any obligatIOn of the insured to Indemnify another because of damages arislOg out of slJch IOlury; but thiS exclusion does not apply to liability assumed by the insured under an incidental contract; (k) to property damage to (l) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control: but parts (2) and (3) of thiS exclusion do not apply With respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damaze (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the named insured: (I) to property damage to premises alienated by the named insured arising out of such premIses or any part thereof; (m) to loss of use of tangible property which has not been physically injured or destroyed resultmg from m a delay in or lack of performance by or on behalf of the named Insured of any contract or agreement, or (2) the failure of the named Insured's products or work performed by or on behalf of the named Insured to meet the level of performance, quality, fitness or durability warranted or represented by the named Insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's prOducts or work performed by or on behalf of the .,........r,... named insured after such products or work have been put to use by any oerson or organization other than an insured; (n) to property damage to the named insured's products arising out of such products or any part of such products; (0) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equlOment furnished in connection therewith: (p) to damages claimed for the withdrawal, inspectIon. repair, replacement. or loss of use of the named insured's products or work completed by or for the named IOsured or of any property of which sllch products or work form a part, If such products. work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency the rem. (q) to property damage mcluded withlO (1) the explosion hazard 10 connectIOn With operatIOns Identified in thiS policy by a claSSification code number which IOcludes the symbol "x", (2) the collapse hazard 10 connection with operahons idenllfied 10 this policy by a claSSificatIOn code number which IOcludes the symbol "c", (3\ the underground property damage hazard in connection with operations idenhfied in this policy by a claSSificatIOn code number which includes the symbol "u". II PERSONS INSURED Each of the followlOg is an insured under this insurance to the extent set forth below: (a) If the named insured is designated in the declaratIOns as an indiVidual, the person so designated but only With respect to the conduct of a bUSiness of which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business; (b) If the named insured IS deSignated In the declaralions as a partnership or joint venture, the partnership or Joint venture so deSignated and any partner or member thereof but only With respect to his liability as such; (cl if the named insured is designated In the declarations as other than an in. divldual, partnership or jOint venture, the organization so deSIgnated and any executIve offIcer, director or stockholder thereof while acting Within the scope of his duties as such; ld) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and Ie) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registratIOn law, (j) an employee of the named Insured while operating any such equipment in the course of his employment, and (iI) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there IS no other valid and collectible insurance available, either on a primary or excess baSIS, to such person or orgaOlzation; provided that no person or organization shall be an insured under thiS para- graph (e) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied by the named ins~red or the employer of any person described in sub. paragraph liil. This Insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. III. LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organi- zations who sustain bodily injury or property damage, or (3) claims made or SUitS brought on account of bodily injury or property damage, the company's liability is limited as follows: Coverage A-The total liability of the company for all damages, including damages for care and loss of services. because of bodily injury sustained by one or more persons as the result of anyone occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence ': Subject to the above prOVISion respecting "each occurrence", the total liability of the company for all damages because of (1) all bodily injury included Within the completed operations hazard and (2) all bodily injury included Within the products hazard shall not exceed the limit of bodily injury liability stated In the schedule as "aggregate". Coverage B-The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of anyone occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total "ability of the company for all damages because of all property damage to which thiS coverage applies and descnbed in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the schedule as "aggregate": 11l all property damage arising out of premises or operations rated on are. muneration basis or contractor's equipment rated on a receipts baSIS, including property damage for which liability IS assumed under any in. cidental contract relating to such premises or operations, but excluding property damage Included in subparagraph (2) below; (2) all property damage ansing out of and occurring In the course of operations performed for the named insured by Independent contractors and general superviSIon thereof by the named Insured, including any such property damage for which liability IS assumed under any incidental contract relatlOg to such operatIOns, but this subparagraph (2) does not Include property damage arISing out of maintenance or repairs at premises owned by or rented to the named Insured or structural alterations at such premises which do not involve changing the size of or moving bUildings or other structures; (3) all property damage Included within the products hazard and all prDperty damage Included withlO the completed operations hazard. Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (21 and (3) above, and under subparagraphs Cll and (2), separately With respect to each proJect away from premises owned by or rented to the named Insured. Coverages A and B-For the purpose of determining the limit 01 the company's liability, all bodily injury and property damage ariSing out of continuous or reo peated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. L1UIUTY eTh, AtllC"'ln. CI.vlI M,d b. CO""I.114 ..., whln '''II .ndontMlllt Is IIlllld ,ub"QUlft' ,. ,,.,.uU.,, " .... ptUcrJ llOOl (U 1011) C 222 BROAD FORM COMPREHENSIVE GENERAL UUIUTY EIlDORSEMENT ThIS ,ndors.",.nt mod."" such Insuunc, IS II Ilorded by Ib' plovlllonl 01 Ih, policy "I,lIn, 10 Ih' 101l0llllnl dul,nlted Insul.nee COMPREKEllSlVE CER[I&\' LIABILITY .RSUUIlCl Thil endorsement. el.clive . fOflllI . plrt 01 policy No. 112,01 A II. .I......d UIII) ismd 10 by 4 un..... ...... ........ ...........A;ih;:.i-.4.;;;;i;iiii;;.................. .............. sumuLI PlnlAll I.Jury lid Adverllllnl Injgry Ulblnl1 A&l1I,lle lI1111 $hill be Ihl pll occurrlnu bodily Inlury lIahlUly limit unltll olherwtll Indlclted hlllln. L1m11 01 U.bllltr ,1, 000, 000 . 0 ~"I'II limit II UIIlUIty-l'III1II1I Mldlcll Parmllll bVlrlll. $1,000 Ilch PlllOn unl," othlrwll' Ind,Clt.d h.uln $ Not Covered .1Cb Pinon. U.II .1 UabDlty-llll lIlll L1.bllll)' Connl': $SO.OOO ptl actU"lnCI unllls otherwise Indlcll.d hel.ln: S Not Covered 011 occullenn. . - - ..- --- -- P".liullI hIlI " OF THE TOTAL COMPREHENSIVE GENERAL LIABILITY BODilY INJURY AND PROPERTY DAMACE PRE. - MIUM AS OTHERWISE DETEaMINED MINIMUM PREMlUN Addlllan' PnmlUIII I CON'RACTU&\. lIABIUTJ COVEUGE IAI The dlf.nt!lon of lneldlnlll eo.trxl II ext.nded 10 Includ. IOY con. Inet al II'tlm.nl relatln, to lhl conducl 01 lhe IIlud IlluI11l'1 businell IBl The Insurlnc. anorded with respecl to hlbllaly IIsUNd und.. 10 lacldlntal contracl Is subiect to Ih. lollowinl tddltlonll IIcluslonl: (Jl 10 bodily 1')I!1. or prOP.II)' dl/lll' 101 which thl Inlll.d bls illUmed Ulbillty under .ny Incldlntll contlxl. " such injury or dsma,. occurred pllOI to Ihe lIecullon 01 the IIcldllW centrIC!: IZI If the Insurld IS an archlltel. Inl,nur or sunlyol, to bUllr Inlory or ,up Illy 'a/lll' I,oslnl out 01 Ih. randellnl or 1111ur. to I,nder prollsslOne' SllViclI by luclt Inlund, i",ludln, W thl prlparltion or 'PPlov.1 of mapl. dlawin... oplniOlll, II. porls. SUIVIYS, ellanl' Old,". du.,nl 01 Ip'Clfielll'onS. and IblluPlllisalY, Insp.ctlon al enlln.erlnl servlclI: m II l/lf Ind.mnltee 01 th. IllUI.d rl an IIchlt.cl, .nginltr or surveyor. to Ihe liability 01 the ind.mnltll. his al.nts or '111. ploYlls. Irilinl 0111 01 III Ih. prl,arllion or Ipprov.1 01 the llilu,. 10 pr'PI" or apPIOV' maps. dlawlnil. opimons, l.pOrtS, Surv.ys, c/Ian,. orders, desilM ar sp.cificltions. or lb) Ihe IlVln, 01 or lh. lailult to live dlllctions 01 Instruclions by lilt Ind,",nll... hiS Ilents or ImplaJICs, provided ladl f.V1nl 01 Ililura ta live II the p"mary CIUS. III Ih. 'Idil)' IJUry 01 proPlrty dama,.: 141 10 .ny obll,atlon II' which Ih. IlIun' m.y b. hlld Iilbl. In 10 Ichon on . conlrlcl by I thlld party ben.f1cllry 101 bodily I')IIJ or ,",'rIJ dlllal' IlIlin, out 01 I p,aj.cllol . public IUlhorrtJ. bul IhlS ..clusion dOli nol Ipply ta 10 ICtlon by the publiC ag. lhorily II IIY oth.. person 01 OI,IOII.lIon IO,a,ed II th. prOlect, (5)10 hdlly InJlry or pllp.1IJ UIIII' '/11101 out 01 opelllinAl wilhln 50 1111 01 IOY ra,'road properly, .fflctlnl IOY lJiIIN! brld.e 01 Uutle. triCkS, lOad b.ds, lunnel, undllpm or CIon- In.; but 1II11 exclulion does nol .pply 10 sid.trlck larllrnlllll lei Th. 101l0"lnl excluslonl appllcabl. 10 Cov"a,1S to (Bodily IniUIJI .nd B IPloperlJ Daml.e) do not apply 10 Ihll ConlrlClu.1 Ulbl~1)' COVlIII" fbI, lcl l2l. (dl and (.,. CDI The IoIlowlnl Idditlonll candlllan IPplies. Arllltr.1l1ft Th. camplny IhllI b. .nhtled to IXIICI" III 01 the Ilured'l ripll in the cltO.CI ar arbitulors Ind in Ih. conducl 01 any arblllllloa proc.edlna- II. PERSONAl INJURY AHD ADYERTlSINQ INJUn UABlllTf CDYEWE W 'h. camPlnr w/ll PlY on behalf 01 Ih. Insured III suml whi~ lb. Inlllld shll become 11,.lIy obll.llted 10 p.yll dlml.1I blc.ure 01 '"l1l11l I.JulJ ar .dv"tlllll IIJury to which Ihll Insuranc. IPplin, sustlined by 1/1' person 01 OI,lnlzallon .nd 'Iilln, out 01 I'" c0n- duct 0/ Ih, hlIII,d lnmd'l business, within lh. pallcy 1I1f11'1J. Ind Ih. company Ih.1I have Ih. rllhl Ind duty 10 d,I.M .ny hit IIllOst Ih. 111UI.d sllkln. darn..es on ICcllUllt of such Injury, IVIlI II lOy of thl .lIelltlons af lhe sull Ir. ,rOUndress, 'lls. Of lraudu- I.nt. tnd may rnlkl such Inveslllltlon .nd IIl1lemenl or IOY Cllllll or suil IS II dllml upedl.nt, but thl company th.1I nol be obIl- llted la pa, I/IY cllim Of jud,ment or to def.nd Iny suit .1t.1 Illt appllcabl. IUllt al the camp.ny'. lI.billly hel blln uheustld by plyment 0' Jud,mentl or Stlll.mlnll. (B) Thil Insurlnc. dOli nol .pply: 11I10 IIlbllity Illumed by Ih. In,ulld under IOY contlltt 01 '1111- menl: C2lla perlODa! IaJury 01 Idv.rtlllnl Inlur, "Isin, out or Ih. waful v.oIatlon of I plnll 11.lul. 01 ordlnanu commUI.d by or IIIIh lh. knowltda' or conunl 01 the Inlu,,': (3) 10 plllolIl InJur, 01 adVIIUllnl InJur, 1IIIIna out 01 . publici- lion 01 ullmne. 01 . libel 01 111nd'I, Of . publication Of utl,,- snc. In vlOl'lton 01 .n Indivldull'l rllhl 01 prlvlCY, 1/ the fnl InjuriOUS publle.tlon 01 ullmnce 01 IhI Itm. 01 11011111 mallrlll b, Of on behllf 01 the IIlIld luuI.d WII mid. pllOI to the 1"1C11v. dale 01 Ihi. InsuI.nc.; (4) 10 p.IIIA" Injury or "mUllnl InJIIrJ arlslnl out 01 Iib.1 Of Illndll or th. publlclllan or uttarlne. 01 dlflmalory or dlsparal' In, mallrlal concernln. .ny person al al.lnlz.atlon 01 loodl. pIOducll or urvicu, or in ylol.lion 01 10 Indlvidull'l Ila/II 01 privacy, mid. by 01 .1 Ihe dillcllon 01 Ihl InlUl.d with inowf. ed" 01 ,Ilt Illllty Ih'l.ol; 151 la PIIIII" Injury 01 Idnrllllnl Injury 1I111n( oul 01 th. COI' ducl ot any plllnllshlp or Jalnt vlnlul. 01 whlch the Inluled Is I plrtner " lI1ember Ind which II nol dfllifllled In the decl".. lion. 01 Ih polley .. . nllllld IlIlItld, $ INCLUDED 161 to .hl/Ullnl I.JIIIJ 1IIIInl out 01 1.1 IllIur. 01 performlllC. 01 canlrlCl, bul Ihll nelullon doll not IllPly 10 Ihl uneulhoriud IPPlopliltion 01 Iellll blled upon all.,td blllCh 01 Implied contllCt. 0( lbl inlrinelm.nl af Ired.mllk. 1I1V1e1 mull 0( tlld. nllll.. oth'l than 11110 or Ilolenl, by us. tIIll'lOl on 01 In cOM.ctlon IIllh ,Oodl, productl or "Melli laid. 01111" for III. or edvtrllnd, 01 <CI incorlect dllcrlption 0( mlltlke In ldv.rtlllCl ptlct OfJOOlb, llloduclJ 01 SllVlclI sold. olllf.d fOl III. 0( edv.rlll I 111 With /tlp.cl to .dvlrllllll I.Jury lal to any Inlul.. In thl bulln.1S 01 Idvtrtillnl. broadclStlnc. Publllhln, 0( 1.lecutlO(. or (\)1 ta tnr InlUry Irilin, out of I/Ir act committed by Ih. I_III willi .clull mllic.. (Cl U.ltl of UlbllllJ R',lldllll 0/ tilt nl.lllbtr oIl11ll1l11'ld. "."under, (2) persons or or,IOIZll/ons who suslalft InjUry or dImI", 01 Ul cl.lml mid. 01 ,ulls braulhl on ,"ounl 0 )IIrlOll.1 IRjIllJ or Idmtlslnl I'IIIIJ Ih. 101.1 IfmJl 01 the eomJlIl1)". liability uMII Ihl. COVlIII' for III d.mlln shill not .mlCl tII. IimJl of liability st.led In tills .... done""nl u ","I'I.t."_ /01 .wIIU.II. D.IaIU... "A'YIIU.I., III/wy" m.w InJury .llslnl out of U 011.11II COlI' milled durllll Ih. policI p,llocI occurllnl In Ih. COUIII ot tilt RlIII' IlIur"'1 edv.rtll nl ICIlvllllI, II such Injury .1111 out of Iib.I, Ilardll, d.ltm.tion. ,Ialel/on 01 II~t 01 privItY. plllC" un- h.1 campetltlon, or Inlrinll/lllllt 01 CopY"lht, tltl. 01 .Iolln. "pmu.. Injury" mlllll inJury IIlllnl aut al on. or mort 0/ the loliawln. oll.nm comrnltttd dUlln. the palicy p'liod, I. 1.111 II/1St. detenllon. imp(lsonrnlnt. or IIlliclous plos.cution: Z. wronr.ul ,nlry or .viclion or oth.1 invasion of the rl,lrt al prlvl I occup.nCJ: 3 ,pubhellllon 01 utt.lllIC. (I) of I libel or sllndll or Othtl d.IlIIlItor, or disPlllalnl m.t.. rill, or (bl in viol.tion 01 en indlvldull'l Ilcht of privacy: Illc.pl publ~ callons or UlltllllCII la the courll 01 or r.llled to adV,I- tllln" brotdclStln(. ,ublishin. or ltleclSllnl ",Ivltla CG/Io ducttd by II on beh.1I of the IIlIlId IIIIUltl shill nol be de.med ,11I.11II l'lu/J, III, PREMISES MEDICAL PAYIIDlTS COVt:WE The cOlllplnJ 1Ii11 f'y 10 01 lor .1CIl 'I/Ion lihl 1IIS1.ln. ~I"" IaJII'J Cluled br mid.n III IIISonlbl. ..dJCII ex"RII Incurred within one "II 110m the dlt. 01 the ICcldlRl on .ccount of such ~o'"y 1.I1HJJ prOVided lucIt "dll, InJu/J arllll oul 01 (II . condition In th. IaIUlII ,ulIl... or Ibl optrltions wllh rllpect 10 whlc" the 11I11" Inlur.' II .lIolllld COVII.,I 101 bo'lIy laJII'J lI.blloly under Ih. peller. 'hll Inlullncl dOli nol IDPly, lA) 10 "dl" InJwy 1II '1Isln. oul 01 tilt ownerlhlp, II1Ilnl.OInc., OjIlIIlIon. usa, 1016- Inl ., unloldlnl 01 lal lIlY lull.11ll1e 01 .lre/11t owned or oper.led by or /tnled al 10101d 10 Iny lII.un" 01 Ibl lOy olhll ,ulollobll. or Illcr.1t opmted by I/IY Plllon In Ih, COVill of .'1 '1I1Plorlllnl by lOr Iasurld: bul thll exclullon doll not tpply to Ih. p.rkln, 01 1/1 181._ "I. on the llllllled ,1I11ll.... 1/ IUch .ulollob/I. II not OWled by or IInted Of 10lntel to any 1n11ll1Cl, (2) 1I111nl out 01 (II Ih. ownelshlp, Nlnllnane., IPllltlonr uHI Ioldinl 01 un- laadln. 01 lOy M.bll. .qulpsent whl. be nl UIId In eny pltl"'nled 01 0I1tnlzed laclne. IP.ed 01 d.mollUon conlut or In Iny Iluntln, ICtlvlly or In ,IICtlC' or PIIPII.tlon 101 IOY such conlllt 01 ICtl~llY, or lIIl lh. oplllllon or UII 0/ lilY snowmobll. 01 tr.lltr dlllpld lor UII Ihmwhh, (3) Irllln. oul ot Ihl OWIlIlshlp, mllnt""nc., OjlIlltlon. us., 1oId- Inl 01 unlotdlnl 01 (I) Iny wlttrClllt owned 01 op.llled by or lentld 01 101O.d to .ny InUlI" 01 lbl .ny other \II.1.rellll OPlllled b, Iny pIlSon In the COUrsl 01 his .mploymlnl by lilY IlIlIt"; but Ihll IIclullon da.. not .ppl, to wltllcrllt IIhil. uhor. on Ih. Innred pr.lIIlII; (41 IIlsln. out 01 .nd In lbe tllurJI of lilt Ilansportltlon 01 .obll. 'QUI,I..nt by .n ..lollo~lI. owned Dr OP.llled Dy Dl nnlc4 or 10lned 10 tII. RllIed MIIINI 18I to bodllJ 1.1a/J (\llncludld w11~ln lilt compl.II' apllltlall haur' Of the ,roluetl lwardl (2) er/slne oul of Clllerallons performed lor Ih. IIU'" lilli/ill b, Indep..delll conlrlctors olher Ihlll (I) maltll.nlftc. IncI repelr 01 Ih. Inllrl4l ,rellls.. Ot (bl .truclurel IlterlUolls II such premll" which do 1I0t In.oln chlallnl Ihl size 0' or mo.lnl bulldlnl' Ot othu structures. 131 lIIultlnc from Ih. IOlIIna. strYlnl or Ilvinl 01 In, .Icohollc blvm.. (II In violllloll 01 .n, slltutl. ordlnancl or "iulltlon. lbl 10 I minor. Icllo s pltlOn uncllr Ih. onlluellce 01 Ilcohol, or Idl "bich CIUHI Of contriblltes to the Inloslcatlon 01 III' perlOll. If Ih Nil" Inurl' II I penon Of orl.IIIUllon Inl'led In th. bUllnnl o( mlnullcturlna. d'ltrlbutonl. IIl1lnl or IOrI' Inl IICohlllc bev.rlllS. or II not 10 .ni"ed. II In own.r or lessor 01 pram"" used (or luch purposn. but ani, part (II .1 thll ..clullon (81 (31 .pplies when the IIll1d Inulld II such .11 ownlt or IllIor. (4) due 10 war. wlt.ther Ot nol d.cllrlll, cl.i1 Wit, 1lISurr.ctlon, II' belllon 01' IIvOIUllon, or 10 In, ICI or condition Incld.nt to In, 01 thl lortlolnl: (Q 10 'odlt, InJurJ 1lI 10 Ih. .11I.' Inulld, .n, parln... thlt.III, Iny t./IInl Of olh" Dlrlon rliullrly mid In I on I~I Inm" ,,,11Im or III' ,11I' plo,.. 01 In, 01 Ihl 10lll0lnl II the bo'Hy Inl'ry arlm out of Ind In lilt course 01 his .mpfo,m.nl th.r.wlth, (2) to .n, other I.nlllt If the bodllJ Injury occurl on thlt pitt 01 tilt I.lln' '"111111 renl.d Irom Ih. IIlIad IlIurld or to II\)' emplo,,, 01 suc~ I Ilnant II thl bodll, Injury OCCUII on the t.nlnl'. p.rt 01 the Ialllr.d ,"I11H' lrid Irllll out 01 tncI In the course of hi. 1IllPl0)'llllnt lor the t.nlllt: (3) to .., person whll. '."Ied In mllnlen.nce Ind IIPllr 01 "'. Mllld prlllllll or .1I",tlon. d.molitlon or n.w conltruction II luc:h pram/Sill (41 10 II\)' "rlan II .ny b.n.fitl lor luch bldlly 1nJ.1l'1 .n p.,1lI11 or rlQUnld 10 b, provided under In, workmen I campenutlon. unempioy,mlnt comp'/lJ.llon Of diublllly bllllfits ...... or umlar ~y simllll 1110, 15l to In, penon pr.cticlna. Inllructln, Of plrtlclp.tlnl In lilY physiClI tnlnln" IPOrt. Ithl.llc tctlvU, or coni est Whllhlf on I forlllll or InfOfmal blsil, 161 II the _d 111111' I. I club, 10 In, mtmbtr II th. "II" IISWI' l7J .1 Ihl nail.' Inund I. I hOl.I, mot.l. or tourllt court, 10 III' IUlSt 01 the IIlOld Insund, IOJ 10 Iny IIIIIICII up.nll 101 11r1ICII b, the IIlIld In.unl, IA, .mplo,e. lhef.o' or III' plllOll or Ofl.nlullon uncltr conlrlCt to Ih. IIlIad Innlld 10 provide such JlfYjces UlllTS OF UABlUTY Tb. limll 01 Ii.bllil, for Pr.mllll Medlcll PI,menls Cov.tlll i. $l,DOQ nch plrlOn unllll olherwill Illt.d i. tht schldul. of thll ..dorst. ment. Thl IImll o. IIlbllit, IpplK.ble to ".tch p.rlon" II tilt limit d. !h. complny'. Illlilllt, 'or III mldlcal IIPlnsl for bldllJ IAJIIJ to IllJ on. perlon 1$ the "lull of '", 011I Iccldent: bul subjact to Ih. tbove prOV'IlOn rllpectinl "11th plrson". the totll Illbllit, 01 th. campll' under Premlsn Medlcll Plym.nll Coverli' for III Jldlell IIplnll 'or bldllf "'Julr to two or mort persOll. II Ih. mult of ~y onl accident shill not "ceed Ih. limit of bodllr '"JOry lilbllil1.llhd In t~. polic, " IPpliClbI. II ".ICII lecurll/ICI' . Wh.n mort IMn on. IIldletl pa,..ntJ COVill I' .tlordtd b, lb. polley IPpllll to lh. Inl. thl comp.ny Ihlll not be llabl. for morl thlll lhe lftIounl 01 lhe hichllt IPpllclbl. limit of Ii.bllll,. ADDITIONAl. GUlNlnOHS Wh,n uled herein: ""'11lt1d ,"11I1"" mllllS III pr.misll own.d b, Of rlllted to the III1.d Inluted With rupICt 10 "hlch th. IIIIId IlIulld II .lIorded eoverll' 101' 1*11, II/Ury 11101111, under Ibll pollc:,. IIId Indud.. the Win immtdilt.11 tdjo 11I11I on I.nd: "1III1lCII Uplll.... mllnl nptnlll lor necessity raedlCll, lurrlc". loll' .nd dental ItrYiCII. indudlnl prosth.tlc dnlcll. tnd nKISSII, arabull/IC'. hoapital. proflllion.1 III/llIne IncI lunllll IIMus. ADOITIOHAL COKDIT/OK fIledicl' R,porlll Proot IIId Plymanl o. Cl.im AI loon II plldiclbl. th. injured person or IOm.OIII o. hll bahlll wllllvl 10 lhe complII, ",rlll.n prOD' o. clllm, und" oath II rlQulr... IIllI sIi.lI. Iller IIch rlQulI1 Irol1l Ih cOllljlln" lIacUt. luthorlZlllon to '/IIbl. the ClImpln, to obllln medlcll rerorts IncI copln of lteOfdI. Tht inJurlll perlOll Ihlll .ubmlt to phYS!CI 'IImlnlllon by ph,sldw ..Iacled b, lilt COIl1l)IIIY when IIllI .. oltln II tht comp~, Ill" r.. IOIIIbl, raqulII. Th. compln, may pe, the Injured p.rlOll or 1117 petlOn or ofllnllllion rencl.rinl th. mvlclI IncI th. Pl,ment wi reduc. th. lI1Iounl P.yalll. h.r.under 10f IUch Inlury. Plymlnt herlancl., shill nat consblutl .. tdmlulon 01 Iilbiltl1 o( lilY pmon or. .."pt her,. lnIer, 01 lhe CCII'/IPln,. IV. HCST LIQUOR LAW UAIILlTY COYW;E Ezclullon (h) dots nol Ippl, wilh res~'et 10 lI.blllt, 01 th, Insured or hi. Indamnllll .nstna out 0' Ih. Siv,"S or IIrvln~ of Ilcohollc britt. IIn II functlonl Ineld.nlll 10 Ih. n.II" InUt'" busln.u. provldt4 the IIImll InIlll'H Is not .nllled II the bUllnl" of l1III'IUflCturina. dillrlbutlna. SllIlni or servlnl 01 .Icohollc beV'""" y, FIRE LECAI. UAlIUTY COYEItACE-lIEAL 'ROPERTY Wllh Itlpect tOJIOPllt1 ~IIIII' 10 IlructuIIl 01 portioal thmof tilted to or 1111 to thl nl.... Insur.d, Includlnl FIXtures ptrmanlntlJ IlllChed thereto. II IUch PIIPItt1 "11II1' Ifllll oul 01 fir.: (A) All of th. exclullon. of the pollCl. olhet "'In ",. lIuclt. marlY Ulbllily EJdUl/On (SrOld FOfml. Ira d,l.ted IIId rapllCed b, 16. lollow;nl' Thl$ IlIIUrlllCl dots not Ippl, 10 1I1b11ll, nlUmed b, t~e Inlur.d under Iny conlrlCt or 11".mlnl. (SI ThI IImlt 01 pnpIIlY '111111 Iilblllty II respeell thl, fir. ltaal UIIII/II, Covl1lle-1leal Property I' $SO.OOO IIch occUlnael unless otherwlS' 11.led In the $chedull 01 this Indorsement. IQ ThI fir. lIlll LIlblllly COV"'I.-Rllf Prop.r1, shill b. ..CUI Inlurance OVIl' In, nlld Ind collactlbl. proptrl, IlIIUllnc. lin. dudln, III' dtduclibl. portion lhereol), 1V11l1bl. 10 th, Inlllrel, SUCh II, but not IIm.tld tOI Fill, ut.noed COVIll", 8ulldl(1 RI&Ie eov"'I' or Insl.lIll1on R slI COVill... IncI thl Other lnlurtnc. Condllion at !hi polle, i. lI\l.ncled .ccordinll,. VI. IROAD fO." P.OPfRTY DAllAGE UAlILlTY COYEUCE lIncludlaa Co..plllld Operations) lb. Inman" lor proP'r!1 t1a1llll1 1I1b1llt, IPpllll, tuD/tel 10 Ih. 101. lowinl Iddlllonll provllion" lA I Exclullonl Ikland IDI Ir. r.pllClII by the 101l0"/nl' m 10 PloP.rt, owned Ot occupllll by or Itnted to !hi ",.ltd, or. ue.pl "ill rllplCl to the us. of .11Y.lon, 10 proplrt, h.ld b, a@~ ......1........ Ihl 11111'1' 101 "I. or IAtrulted to the IlIun' lor 110111' or SI'ltllpln,: 121 IIc.pl wllh rup.et to 1I1bllit, under I written ,Id.neck .,r". mint or Iht UII 01 Illvltoll (,) to prop.rt, whlll on pr""lsn owaed by or nnllll to Ih IlIurl' lor the PUtpo.. 01 hevlnl oper.llons p.rlormtd 01 lUCk prOP1t'11 b, or en behlll 01 the Ian,". (01 10 /001. or equlpm.nt whll. belne Ultd b, thl ..I..... la p"fOtmlnl his opttltlOl\l. Icl to prop.rt, III the custod, ot Iht 1111111' wltlell II to b. Inllllllll. .lIcled or u.ed In conltruCtlon by lb. 1111II1" ldl 10 Ihlt plrtlcullr pitt 01 III, propert,. not 01 prlmls.. owntd by or rlnted to the 111111"" III upon wlt.ch op.rlllona w. beln, performtd by Of on behlll o. Ihe 111'1'1' It tbe IJITlI 01 tht p1GP'r!1 "11111 lIiline oul of IUch op.ntlons, or hi) oul 01 whlcb .., ,r.ptrlJ d,llll' Irllll. or (II~ the rllIDrlllon. lip' II or repll"mtlll of which hll bltn mad. or II ntenllty by r.non o' ',ull, worhmlnship Ihellon b, or 01 blhelf of thl Inlll"', 131 Wllh rllPICllo Ih. Clllp/.t.. opmtwl Mur' tncI "lth nSPIct 10 In, cll"lrallon IlIled In Ih. pollc, Of In Ih. compln(, mlnu.' II "Inellidinl compl.11II opltltionl", to prO,lrty '11I'" to WOfI perlOfmed by lhe a.III' luuu' Irlllnl out of such work or .a, portion therao'. or oul of luch mlterllll, partl or .qulpm.nt lurnlshed In COM'Ctlon th.r."llh. IB ) TIl. Brot4 Forti Prop.rly Dlmlll UsbllllJ COVIII'I I~III be axe... inSUrll'lC1 OVII In, nlld and co/lICIlD" PICllllrt, InsutlllCl Onc1udlne In, dtductibll portion th.llon ,v,ll,bl. to tbe lalurd, luch II. bul r.ol IImll.d tOI Fill, bl.nded COVIIII', Bulld'''1 Risk COVIIli' or Inlllllllion Rln Covlrll', Ind tbe Otlllr l/lJurlllC. Condltlol of th. polic, I. Im.nded IccOrdlnll,. YII. IKCID[NTAL MEDICAL MALPIACTICE WIlUTY COYl.W TIl. ..flnltlon a. b..11y "'Jury II llII.ncled 10 Includl lacld.ntal Medicll Mllpractlce Injury. Incldlntl' Medical "',Iprlctlce Injury IIIIIn, InJury II'lsinl oul ot ",. renderlnl 01 or IllIun to nndll, duiinalhl polley p.rlad, !hi lollowlnl IIMcn. lA) m..ic.I, lurllCll, dutil, ..,,, or IlUtllnl Itrvlct or trlltmtnt or Ih, lurnllhlnl al lood Of bmrllll II GGIIn.ctlon thtnwlt'" or (Bl the lurnllhinl or d11P1lll1n1 a. drui' or mtdlCII, '.nlll or wrdClI ,upplin or .pplllnc:lI. Thll COvarll' dOli nol Ippl, to. UI IIp.nsll Incurrd by tb. .lIl11d for llrst.a1d to oth.rs It Ihl IIml of u accid.nt tnd lhe "$uPP'lmlntlry Plymenll" pro- vilion tncI the "l/IIur.d'l Dulin In lhe [vant of Occurrllc.. CII/m or Suit" Condlllon II' lIIl.ncltd accordlna'YI 121 In, Insurd '"S'ild in the bUlln... 0' occuplllon of pro- vldlni Iny 01 the IIrvletl '"crlbed LVlder VII !AI and 181 lbovt, <31 Injury caused by Iny Ind.maltll II nell Ind.mnltll II '~Ii" In t~1 bul/nllS Ir occuplllon of ptOlkflll( In, 01 tht IIIYICII d IIcrlbtd under YII !AI tnd lBl tboVl. YIII. NDII DWKED WATERCRAFT UAIIUTY CIIYWC[ Iud., 21 fe" I. 1..1t~ uClusion (.1 dOli not Illpl, to '1\)' wltlrefllt uncler %& fa" In I.natb provld.d luch wlllrcrtft II nllther 0,,1Ied b, till 1111141 InlOlld nor bli'l u.ed to CIIry PIllOIII or prOlllrt, for I cher'l. Whtr. lhe 1111II1' II. IrrlSPIctl'il of thll coy.rl", covered or pro- IICI.d 1IIInst III' losl or clllm "blch ",ouId otherwlll hIY. belA paid by thl camplllY uncler tllll .ndorlllllllll. th.1I .h.1I b. no conlrlbutlon or putlc:lplUon by fhl. COIIIPIIIJ on IIlI basil 01 exCI", conlrlbullns. d,fid.nc,. conMr.nt, or doubl. Inlurlllce .r othlrwill, IL W.,TED WORLDWIDE UAlIUTY COVEIWII The 'IFlllltlon a. "Ucy hrrltOtJ II IIIIIndlll to Includ. the lollo"lnl: 4 Anywhlro In thl world with raspact to b.dlly Injury, pllparty "1111'. Plt'lon.1 InJIlIJ or .dYlrllIl'l IIJ.ry Irlslnl ouI of Ih. ICtlvltln of ~, Iasur" p.rman.ntl, dOlllrdl.. In Ih. Unlltd St.ltS a' Amerlcl t~ourh tlmporltlly ouIlId. th. Unltlll SI.t" of Amerlcl, ftl I.rrltorr.. IncI poIllulonl or Cllltda, provided Ih. 0IIi1nll suit for dlllll'" blClUlI If In, luch Injury or dill\. II' II brouchl ""thln IhI Unit.. Slltll 01 Amerlct, II' larrltorlll or posi.aslons It C,ntd., Such InSUflllet IS 1$ 11Iord.d b, pallll'lp/l 4. .boY. shall not IllPIy. lal tD 'odlly Injury or pr.PIl'tr "1111' Includtd within th. co.. pial.. OPlllllolI haur. or the JIIlductl "W'I lb) 10 premiltS medlClI pl,m.ntl COVlllp. X. ADDITIONAl. PERSDIIS IKSUREI As rllplCt. ..'11, Injury, ,ro,1f1J dInl'I' IncI "vtrtlall' II~ IIId ,erlO..' 'n,.ry COVlrlll1, unclar Ih. provislon "P.rson, Insured', the tollowlnl It, tdded .. lmu'" (II Spoult-larlnershlp.....II "'I ..... kiWI' Is I plltlltrshljl Ih. 'POUII of I putner but ani, wilh raSPlel 10 the conduct Q/ Ih. bulinlll 0' the Nil.' 1111/'1" (2) EmplO1It-Any IIIPlo," of th. ..... Inw" ",bll. octl., wllh.. Ih. IeOP' of hll dullll IS .uell, but Iht Insullnc. dordlCl to such .mplo,.. dOli not tppI,: Ie) to '11lI1y la/.ry or perm" Injury to II10lher ,mp!o," 0/ lhe ..... 'IVI'I~ .i,ln, out of or In the caur.. of hi. .mploymllll, (b) to perlo." IIJwy or lIurtf.ll, IIJury 10 thl AlII'~ InUl" or, II the Alm.d Innll' I' I Plrtnllshlp or JoInt VlRtulI. ..y putnar Of IIIlmbll ther.of. or the IpOUII of Ifty of the torl,oinS, Icl to plIParty dllll,l to property owllld. occupltd or Ultd by. renled la, In th, CIII. cUllocf, or conlrol of or ov., which physical control II b.ln, .urclsad fOf Ill' purpose by another .mploy.. 01 the IImld '..urad. or b, the 11II.' 'nur.d or, II the NlIICd Ialllld Is I plrtnarlhlp or Joint vtntu.., In, pltlnor or mlmb" Ih.rlol or by the SPOUH of III' 01 lhe for.,o'n,. XI. EXTEKDED BOOllY IIUun CDVmaE Th. deftnlUon 01 occornnc:. Includas lilY Inllllllonll ICt b, Of It the dlnellon 01 lb. lasur.' wltlch rasulls In '11Illy In/ur,. If IUch InJut, Itllll tol.., IrD" thl UII 01 IIuonlbl. lOtCl (Ot till purpoll ot protacllnl plrsonl It prCllllrty. XII. AUTOllAnC COVEU;E-MEWLY ACQUIUD OUAKIUnOKS ttO DAYS! Th. _d Inlllll' shill Includ. IS ...... InU,., '", olllnilltlon which Is ICQulred It lorm.d by Iht 1I1l1.' luured Iftd ov.r Which the III1Id Inura' IIIIlntllns ownlrshlp or ml)orll1 Int.rlll, olher thlll I Jo,nl venlura. provid.d this fnsur lOCI dOls 101 .ppf, to 'olllly 1n11l'1. ,..1"r!1 dI"',.. perlOllll I.Jury and "mtl&l~ IIJIU)' wllh rupICI 10 "hlch luch nl" orllnlrlllon under thll pollc, 'I 1110 In 1..." undar III' olhlr Ilmll. 1I1b1111y or Ind.mnlly pollc' or would bI III Insurld unclar In, auch pollc, bul 'or Ilh.ulllon 0' III Ilmlt. of IIlblllty. ThI Inlurln" 11Iorded htllby IhIIl I.rmlnlll 90 d.ys Irom thl daft any aucb Otltnlllllol II ICqulred Of forlltd by the 1lI11l" 11111'1" Attached to and forming part of Policy Number Issued by: Effective: Insured: PERSONAL INJURY AND ADVERTISING INJURY LIABILITY ENDORSEMENT In consideration of the premium charged, the following applies to the Policy: I. The Company will pay those sums that the Insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this coverage part applies. The Company will have the right and duty to defend any suit against the Insured seeking damages on account of such injury, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit at its discretion, but the Company shall not be obligated to pay any claim or judgement or to defend any suit after the applicable limit of the Company's liability has been exhausted or used up by payment of judgements or settlements. II. This insurance applies to: A. "Personal injury" caused by an offense arising out of the conduct of the Insured's business, excluding advertising, publishing, broadcasting or telecasting done by or for the Insured; and B. "Advertising injury" caused by an offense committed in the course of advertising the Insured's goods, products or services. III. This insurance does not apply to: A. "Personal injury" or "advertising injury": 1. Arising out of oral or written publication of material, if done by or at the direction of the Insured with knowledge of its falsity; 2. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period: 3. Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the Insured; or 4. 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. B. "Advertising injury" arising out of: 1. Breach of contract, other than misappropriation of advertising Ideas under an implied contract; 2. The failure of goods, products or services to conform with advertised quality or performance; 3. The wrong description of the price of goods, products or services; or 4. An offense committed by an Insured whose business is advertising, broadcasting, publishing or telecasting. IV. Definitions A. "Advertising injury" means injury arising out of one or more of the following offenses: 1. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; 2. Oral or written publication of material that violates a person's right of privacy; 3. Misappropriation of advertising ideas or style of doing business; or 4. Infringement of copyright, title or slogan. B. "Personal injury" means injury, other than "bodily injury", arising out of one or more of the following offenses: 1. False arrest, detention or imprisonment; 2. Malicious prosecution; 3. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies; 4. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organjzation's goods, products or services; or 5. Oral or wrnten publication of material that violates a person's right of privacy. All other terms and conditions of the Policy remain unchanged. '- MOTOR SPORTS LIABILITY INSURANCE POLICY Th. Sphere Drak. Insurane. Company (hereinafter "the Company") and the Insured do hereby mutually agree that as prim~ry consideration for the latter's promise to pay the premium, the Company promises to defend and pay damages on behalf of the Insured In accordance with all provisions of this contract of insurance (hereinafter "this Policy-). INSURING AGREEMENTS I. DUTY TO PAY DAMAGES Subject to all other provisions of this Policy, including but not limited to, the CONDITIONS PRECEDENT TO COVERAGE and the INSURING AGREEMENTS, the Company shall have the duty to pay on be hall of the Insured those damages that are either determined through a legal adjudication or arbitration or resolved by means of a mediated compromise or negotiated settlement, because of COVERAGE A COVERAGE B - bodily injury or - property damage to which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance or use of the Insured premises and all operations necessary or incidental thereto, but only as to those specific events set forth in the endorsement. The Company's duty to pay damages in total or partial satisfaction of any claim shall be deemed fully discharged immediately upon the limit of liability becoming exhausted through payment of damages. II. DUTY TO DEFEND Subject to all other provisions of this POliCY, including but not limited to, the CONDITIONS PRECEDENT TO COVERAGE and the INSURING AGREEMENTS, the Company shall have the right and duty to defend those suits against the Insured involving specific events set forth in the endorsement and seeking damages on account of COVERAGE A COVERAGE B - bodily injury or - property damage even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient. The Company's duty to defend the Insured or to continue to defend the Insured, shall be deemed fully discharged and the Company shall have the right to unilaterally withdraw therefrom, immediately upon the limit of liability becoming exhausted through payment of damages. III. SETTLEMENT The Company shall have the exclusive right but not the duty under this Policy, to initiate and effectuate settlement of those claims for which the proposed amount to be paid as damages does not exceed the limit of liability, whether or not such amount is within the deductible. This right is unilateral in that any such settlement effectuated by the Company, shall be binding upon the Insured and shall not require the Insured's prior consent or ratification. The Insured, in such eventuality, shall have the duty to execute all necessary waivers and releases. IV. DEFINITIONS The following shall apply wherever used in any provisions of this Policy: A. The term "occurrence- shall mean either an accident or happening or event or a continuous or repeated exposure to conditions which unexpectedly and unintentionally causes injury to persons or tangible property during the policy period. All damages arising out of such exposure to substantially the same general conditions shall be considered as arising out of one occurrence. B. The team "bodily injury" shall mean any occurrence of physical injury to a person including death resulting from the physical injury. C. The term "property damage- shall mean an occurrence resulting in any impairment to or destruction of real or personal property, or any loss of use thereof. D. The lerm "Insured Premises" shall mean (1) the premises designated in the Declarations, (2) premises alienated by the Insured (other than premises constructed for sale by the Insured) jf possession has been relinquished to others, and (3) premises as to which the Insured acquires ownership or control and reports its intention to insure such premises under thiS policy and no other within 30 days after such acquisition; and includes the ways immediately adjoining such premises on land. E. The term "claim- shall mean a written demand initiated or articulated by a claimant and seeking damages, including the service of legal process or the institution of arbitration proceedings. F. The term "claimant" shall mean a third-party haVing legal stan~ing, who makes a claim against the Insured. G. The term "claims expense- shall mean those costs, charges and expenses generated by that legal counsel engaged (either by the Company or by the Insured with the Company's consent) to represent Company or by the Insured with the Company's consent) to represent the Insured and any other costs, charges and expenses resulting from the adjustment, appraisal, arbitration, mediation, investigation, defense, settlement or appeal of any claim, including any post judgment interest. H. The term "coverage" shall mean the Company's Independent duties as are set forth under INSURING AGREEMENT I. DUTY TO PAY DAMAGES and INSURING AGREEMENT II. DUTY TO DEFEND. I. The term "damages" shall mean a judgment or award, or a compromise or settlement amount, which compensates a claimant for pecuniary loss only, including any pre-judgment interest. Sanctions, lines or penalties, punitive or exemplary compensation, or muniplied judgments are not included. J. The term "Insured" shall mean any person or organization engaged in operating, managing, sanctioning, or sponsoring the racing program. The term shall also mean and include those persons and organizations specified In the Declarations. K. The term "policy period" shall mean that period of time specified in the Declarations L. The word "proviSions" shall mean the INSURING AGREEMENTS, CONDITIONS PRECEDENT TO COVERAGE, OTHER AGREEMENTS AND CONDITIONS, and any endorsements allached hereto. M. The term "restricted area" means the area to which admission by the general public is prohibited and all areas including but not limited to the pit areas, racing surface and infield, including walkways, concessions and other appurtenances thereon. V, LIMITS OF LIABILITY Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the Company's liability is limited as follows: Coverage A . The total liability of the Company for all damages, including damages for care and loss of serVices, because of bodily Injury sustained by one or more persons as the result of anyone occurrence shall not exceed the limit of bodily injury liability stated in the Declarations as applicable to "each occurrence". Coverage B . The total liability of the Company for all damages because of all property damage sustained by one or more persons or organizations as the result of anyone occurrence shall not exceed the limit of property damage liability stated in the Declarations as applicable to "each occurrence". Coverages A and B - For the purpose of determining the limit of the Company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. VI. DEDUCTIBLE The Company's obligation hereunder to pay damages shall only be In excess of the amount specified in the Declarations as the deductible. The deductible applies to and shall include all claims expenses. Upon demand, the Insured shall have the duty to remit payment to the Company within thirty (30) days after the demand. VII. EXCLUSIONS Notwithstanding anything contained in this Policy to the contrary, the Company shall have neither the duty to pay damages nor the duty to provide a defense such as would otherwise be imposed upon it by the coverage hereof with respect to the following: A. Contract Liability: This Policy does not apply to liability assumed by the Insured under any contract or agreement. B. Automobile and Aircraft: This Po/icy does not apply to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of, or entrustment to others of I. any automobile or aircraft owned or operated by or rented or loaned to the Insured; or 2, any other automobile or aircraft operated by any person in the course of his employment by the Insured; but this exclusion does not apply to the parking of an automobile on the Insured Premises, If such automobile is not owned by or rented or loaned to the Insured. C. Transportation of mobile equipment: This Policy does not apply to bodily injury or property damage arising out of and in the course of transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any Insured. D. Watercraft: This Policy does not apply to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of I. any watercraft owned or operated by or rented or loaned to the Insured: or 2. any other watercraft operated by any person in the course of his employment by the Insured; but thiS exclusion does not apply to watercraft while ashore on the Insured Premises. E. Absolute Pollution Exclusion: This Policy does not apply to: I. Bodily injury, personal injury or property damage; 2. Damages for the devaluation of property or for the taking, use or acqulskion or interlerence with the rights of others in property or air space; 2 N. Other Than Insured Premises: This Policy does not apply to bodily injury or property damage arising out of operations on or from premises (other than the Insured premises) owned by, rented to or under the care, custody or control of the Insured, or to liability assumed by the Insured under any contract or agreement relating to such premises. O. Construction: This Policy does not apply to bodily injury or property damage anslng out of structural alterations which involve changing the size of or moving buildings or other structures, new construction or demolition operations performed by or on behalf of the Insured; P. Assault and Battery: This Policy does not apply to claims arising out of assault and battery or out of any act or omission in connection w~h the prevention or suppression of such acts, whether caused by or at the instigation or direction of the Insured, Insured's employees, patrons or any other person. Further, claims, accusations or charges of negligent hiring, placement, training or supervision arising from any of the foregoing are not covered. a. Punitive Damages: This Policy does not apply to: 1. any fines or penalties; 2. any pun~ive or exemplary judgment or award; 3. any sanctions including those attorneys fees and other costs, charges and expenses imposed pursuant to any sanctions; 4. any judgment or award multiplied in amount or pursuant to a statute or otherwise; or 5. any judgments or awards deemed uninsurable by law; whether arising out of the acts of the Insured, any employee of the Insured, or any other person. If a su~ shall have been brought against the Insured for a claim falling within the coverage of this Policy, seeking both compensatory and punitive or exemplary damages, fines, penalties or multiplied damages, then the Company will afford a defense to such action, without liability, however, for such punitive or exemplary damages, fines, penalties or multiplied damages. R. AsbestostFormaldehyde: This Policy does not apply to claims for bodily injury or property damage in any way caused by related to or arising out of products or materials containing asbestos or formaldehyde that are manufactured, fabricated, sold, handled, distributed, used or installed by the Insured, or to which anyone in any manner may have been exposed, or to which claims of Failure to Warn may arise. S. Water damage: This Policy does not apply to claims of property damage to buildings or property therein arising out of any of the following causes, ~ such cause occurs on or from the Insured Premises: I. Discharge, leakage or overflow of water or steam from plumbing, heating, refrigerating or air conditioning systems, standpipes for fire hose, or industrial or domestic appliances, or any substance from automatic sprinkler systems or 2. the collapse or fall of tanks or the component parts or supports thereof which form a part of automatic sprinkler systems or 3. rain or snow admitted directly to the building interior through defective roofs, leaders or spouting, or open or defective doors, windows, skylights, transoms or ventilators; T. Fire Damage: This Policy does not apply to property damage due to fire on the Insured Premises. U. Explosion, Collapse or Underground Property Damage: This Policy does not apply to any claim for the explosion hazard, collapse hazard or underground property damage hazard, unless specifically endorsed onto the Policy and a charge made therefore. V. Malpractice and Professional Services: This Policy does not apply to any claim as a result of rendering of or failure to render any professional service, unless spec~ically endorsed onto the policy and a charge made therefore. W. Criminal Acts: This Policy does not apply to any claim arising out of or contributed to by the criminal, fraudulent, dishonest or malicious act or omission of the Insured, any employes of the Insured or anyone for whom the Insured may be held liable. X. Participants: This Policy does not apply to any claim arising out of bodily injury to any person while practicing for or participating in any capacity in the demonstration, exhibition, contest, show, race or event (as used in this provision "any person" shall include, but not be limited to participants, musicians, entertainers, attendants, mechanics, stewards, officials of any nature, announcers, independent contractors, etc.) This Policy does not apply to claims arising out of property damage to any property of such persons, including but not limited to motor vehicles, mobile equipment. animals or any other property of such persons. Y. Amusement Devices: This Policy does not apply to claims arising out of loss or injury resulting from passenger carrying balloons, motorized vehicles of any type, animals or animal rides, trampolines, mechanically operated amusement devices, coin-operated mechanical rides or playground areas with playground equipment. Z. Escalators: This Policy does not apply to claims arising out of use of escalators on the Insured Premises. AA. Plot, civil commotion or mob action: This Policy does not apply to claims arising out of riot, civil commotion, or mob action or out of any act or omission in connection with the prevention or suppression of any of the foregoing. SS. Restricted Areas: This Policy does not apply to claims arising out of loss or injury to all persons and property in the areas known as "restricted areas". CC. Fireworks Demonstrations: This Policy does not apply to claims arising out of fireworks demonstrations. DD. Independent Contractors: This Policy does not apply to claims arising out of acts of independent contractors lII:llau' 3. Any loss cost or expense, including but not limited to fines and penalties, arising out of any governmental direction or request or any private party or citizen action, that the Named Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants; 4. Any litigation or administrative procedure in which the Insured may be involved as a party; as a resuil of actual, alleged or threatened discharge, dispersal, release or escape of pollutants or placement of pollutants inlo or upon land, the atmosphere, or any watercourse or body of water, aquifer or ground water, whether such actual, alleged or threatened discharge, dispersal, release or escape or placement, is sudden, accidental, or gradual in nature. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapor, soot, fumes, acids, alkalis, toxic chemicals or materials and wastes. Waste includes, In addition to materials to be disposed of, materials to be recycled, reconditioned or reclaimed. This exclusion is intended to exclude from the coverage provided by this Policy of insurance all liability and expense arising out of or related to any form of pollution whether or not such pollution is intentionally caused and whether or not the resulting injury, damage, devaluation, cost or expense is expected or intended from the standpoint of the Insured. F. War: This Policy does not apply to bodily injury or property damage due to war, whether or not declared, civil war, Insurrection, rebellion or revolution or to any act or condition Incident to any of the foregoing, with respect to I. liability assumed by the Insured under an Incidental contract; or 2. expenses for first aid. G. Liquor liability: This Policy does not apply to bodily injury or property damage for which the Insured may be held liable for reason of: I. 2. beverages; 3. 4. alcohol; or 5. beverages. Engaging in the business of manufacturing, distributing, selling or serving alcoholic beverages; Being an owner or lessor of premises used for the purpose of distributing, selling or serving alcoholic Causing or contributing to the intoxication of a person; Furnishing alcoholic beverages to a person under the legal drinking age or under the influence of Violating any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic H. Workers' Compensation: This Policy does not apply to any obligation for which the Insured or any carrier as its Insurer may be liable under any workers' compensation, unemployment or disability benefits law, or under any similar law. I. Employer's Liability: This Policy does not apply to bodily injury to any employee of the Insured arising out of and in the course of his employment by the Insured or to any obligation of the Insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Insured under an incidental contract; This exclusion applies: I. 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. Further, the word "employee" is intended to include and mean casual labor and volunteer help. J. Employment Practices: This Policy does not apply to any claims arising out of: I. terminations of employment; 2. sexual misconduct, including but not limited to harassment or molestation; 3. discrimination against any person in hiring, salary or employment; 4. coercion, demotion, assignment or reassignment. discipline, defamation. harassment or humiliation of any employee. K. Completed Operations Hazard: This Policy does not apply to bodily injury, property damage to or loss of use of tangible property which has not be~n physically injured or destroyed resuiling from 1. a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreement; 2. the failure of the Insured's products or work performed by or on behalf of the Insured to meet the level of performance, quality, fitness or durability warranted or represented by the Named Insured; or 3. work performed by or on behalf of the Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the Insured's products or work performed by or on behalf of the Insured after such products or work have been put to use by any person or organization other than the Insured. l. Products Hazard: This Po/icy does not apply to property damage to the Insured's products or bodily injury arising out of such products or any part of such products. M. Insured's Personal Property: This Polley does not apply to claims arising out of damage to personal property owned or used by the Insured or personal property In the care, custody or control of the Insured or as to which the Insured is for any purpose exercising physical control. 3 I. the Insured shall obtain certicates of insurance from all contractors and subcontractors and 2. such certificates will contain limits of liability at least equal to the limits of this Policy. EE. Events not on Endorsement: This Policy does not apply to claims arising out of events not specifically set forth or not appearing on the Events Endorsement or on any amendments to the Events Endorsement. CONDITIONS PRECEDENT TO COVERAGE I. WRITTEN NOTICE OF CLAIM In the event of any claim that might potentially be covered under this Policy, whether or not such claim is initially considered meritorious and irrespective of the amount involved, the Insured shall have the non~elegable duty to tender direct written notice to the Company, immediately upon its receipt thereof. Such notification must be sent by either certified mail or telefax to: George Knight & Associates, Inc. 2400 N. Hemlock Circle Broken Arrow, Oklahoma 74012 FAX: (918) 258-5416 Such notification must contain full particulars, including but not limited to, the demand or the pleadings, any other legal process and a narrative description of all circumstances giving rise thereto. Notwithstanding anything contained in this Policy to the contrary, should written notice of claim as aforesaid not be received by the Company within fifteen (15) days immediately subsequent to the Insured's receipt thereof, coverage therefore will be forfeited in its entirety, whether or not any degree of prejudice occurred. II. COOPERATION AND ASSISTANCE OF THE INSURED The Insured shall have the duty under this policy to fully cooperate and assist the Company with respect to the investigation, adjustment, legal adjudication, settlement, arbitration or mediation of any claim, including any appeal. The Insured shall not be indemnified hereunder, for any loss of earnings sustained through such cooperation or assistance nor shall such loss of earnings apply towards satisfaction of the deductible. III. ACTIONS DEEMED MATERIALLY PREJUDICIAL TO THE COMPANY In the event of a claim under this Policy, the Insured shall have the duty to refrain from undertaking any of the following actions materially prejudicial to the Company, without securing the prior written consent of the Company, including but not limited to the following examples:. A) agree to any arbitration or mediation; B) authorize, effectuate or attempt to effectuate settlement or otherwise attempting to facilitate a resolution; C) engage counsel to provide legal representation; 0) assume any obligation; E) forgive, reduce or otherwise compromise any contingency fees, billings or other compensation actually or allegedly owed; F) admit or in any manner acknowledge liability; G) assign any of his interests hereunder to a claimant; H) execute any waiver that would preclude or impair the Company from pursuing its right of subrogation. 5 OTHER AGREEMENTS AND CONDITIONS I. SUBROGATION If the Company pays or incurs any costs, charges and expenses under this Policy whether as damages, claims expense, any sum thereof or otherwise, it shall be subrogated to all the Insured's legal remedies. The Insured shall not waive or otherwise prejudice such remedies, whether prior to, during or subsequent to any claim. The Company shall be entitled to retain any amounts or sums recovered (up to its entire expenditure hereunder) if incurred through discharge of said duties as recompense therefore. Any recovery in excess thereof, shall inure to the Insured unless his rights are subordinate to those of another party. II. MANDATORY DISPUTE RESOLUTION Should any dispute arise between the Insured and the Company as to coverage (other than that pertaining to an alleged material misrepresentation or breach of warranty pursuant to the application forming a part of this Policy) or Involving the Interpretation or enforceability of any provisions hereto, then such dispute shall be arbitrated in accordance with the rules and procedures of the American Arbitration Association, subject to the following stipulations: A) both parties do hereby mutually waive their respective rights by operation of law, to litigate those issues in controversy, stay any arbitration proceedings or contest any award; 8) the situs of such proceedings shall either be the largest city within the Insured's state of domicile or Chicago, Illinois, contingent upon which of the parties initiates the demand for arbitration; C) each party shall be bound by the decision of the arbitration panel rendered upon conclusion of the proceedings; 0) all costs, charges and expenses resulting from arbitration, shall be apportioned equally between the parties. Notwithstanding anything contained in this policy to the contrary such costs, charges and expenses shall not be considered as claims expense nor apply towards satisfaction of the deductible; E) any demand for arbitration must be initiated no later than twelve (12) months immediately subsequent to the accrual of either party's respective cause of action. Such parties, therefore, do hereby mutually waive their respective right to assert any applicable limitation period as would otherwise apply through operation of law. III. ENDORSEMENT REQUIREMENT Notw~hstanding anything to the contrary, no provision of this Policy may be amended, waived or otherwise voided, except by endorsement thereto duly executed by the Company's authorized agent. IV. EVENTS ENDORSEMENT This Policy provides coverage only for those events that appear on the Events Endorsement. The Events Endorsement may be amended only if the Insured gives a prior written request w~h consideration to the Company and the Company accepts. The Insured must give a prior written request to the Company by sending the written request for an amendment to the Events Endorsement accompanied with the appropriate premium payment to: George Knight & Associates 2400 N. Hemlock Circle Tulsa, Oklahoma 74012 Such written request and premium payment must be sent 10 the Company by certified mail and postmarked prior to the event{s) for which coverage is sought. The Company may unilaterally reject the Insured's request. V. CANCELLATION The Insured may cancel this Policy by mailing written notice to the Company. Such written notice must unequivocally state the Insured's intent to unilaterally terminate this policy and specify the exact date upon which such cancelation shall subsequently become effective. The Company may cancel this policy by mailing to the Insured, written notice stating its inlent to effectuate cancellation thereof upon the elapse of thirty (30) days. Notwithstanding the immediate foragolng . If such notice Is tendered due to the Insured's failure to pay any premium or deductible, cancellation shall take effect upon the elapse of ten (10) days. The mailing of notice as aforestated shall be sufficient proof of either party's intent to cancel. The subsequent date of cancellation as specified In such notice shall terminate this policy period. If the Insured or any party to whom he has conveyed power of attorney instigates cancellation of this Policy, the unearned premium shall be computed in accordance with the customary short rate table. /I the Company initiates cancellation hereof, such unearned premium shall be computed pro rata. Neither the tender of said premium nor the return of this Policy, shall be deemed as conditions precedent to cancellation. VI. APPLICATION All disclosures made by the Insured in response to the application that is attached to this Policy, inCluding any of the addendum or addenda, are deemed as either material to Ihe Company's acceptance of those hazards covered hereunder or absolute assurances warranting the existence of certain facts and promissorily warranting certain undertakings. All facts and information disclosed by the Insured in the application become or form a part of the Policy.' VII. SIGNATORY AS AGENT The person spec~ied in the Declaration as the agent for the Insured, shall act as agent of the Insured with rospect to 6 all matters involving this Policy, Including but not limited to, tendering and receiving all notices of cancellation and facilitating the payment of all premiums and deductibles. VIII. SEVERABILITY If any provision of this Policy is void ab initio or otherwise determined to be unenforcable, all other provisions shall nonetheless be deemed valid. IX. MUTUAL AFFIRMATION By unqualifiedly accepting this Policy upon receipt, the Insured affirms that all provisions serve to embody and articulate the entire agreement of the parties hereto in a plain and unambiguous manner. Pursuant to the facsimile signatures hereafter appearing in this policy, the Company affirms that all provisions serve to embody and articulate the entire agreement of said parties hereto. X. VALIDATION This policy shall not be deemed in force unless the appropriate space on the Declarations is duly countersigned by the Company's managing agent. 7