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UMBRELLA LIABILITY PROVISIONS <br />a. To pay for the cost of investigation, defense <br />or settlement of any claim or suit against <br />any "insured" alleging actual or threatened <br />injury or damage of any nature or kind to <br />persons or property which arises out of or <br />would not have occurred but for the pollution <br />hazard; or <br />b. To pay any "damages", judgments, <br />settlements, loss, costs or expenses that <br />may be awarded or incurred: <br />(1) By reason of any such claim or suit or <br />any such injury or damage; or <br />(2) In complying with any action authorized <br />by law and relating to such injury or <br />damage. <br />As used in this exclusion, pollution hazard means an <br />actual exposure or threat of exposure to the <br />corrosive, toxic or other harmful properties of any <br />solid, liquid, gaseous or thermal: <br />a. Pollutants; <br />b. Contaminants; <br />c. Irritants; or <br />d. Toxic substances; <br />Including: <br />Smoke; <br />Vapors; <br />Soot; <br />Fumes; <br />Acids; <br />Alkalis; <br />Chemicals, and <br />Waste materials consisting of or containing any of <br />the foregoing. Waste includes materials to be <br />recycled, reconditioned or reclaimed. <br />EXCEPTION <br />This exclusion does not apply: <br />a. To "bodily injury" to any of your "employees" <br />arising out of and in the course of their <br />employment by you; or <br />b. To injury or damage as to which valid and <br />collectible "underlying insurance" with at least <br />the minimum limits shown in the Extension <br />Schedule of Underlying Insurance Policies is in <br />force and applicable to the 'occurrence". In <br />such event, any coverage afforded by this policy <br />for the 'occurrence" will be subject to the <br />pollution exclusions of the "underlying <br />insurance" and to the conditions, limits and <br />other provisions of this policy. In the event that <br />"underlying insurance" is not maintained with <br />limits of liability as set forth in the <br />Page 2 of 14 <br />Extension Schedule of Underlying Insurance <br />Policies, coverage under any of the provisions <br />of this exception does not apply. <br />Exception b. does not apply to: <br />"Bodily injury" or "property damage" arising out <br />of the actual, alleged or threatened discharge, <br />dispersal, seepage, migration, release or <br />escape of "pollutants": <br />(1) That are, or that are contained in any <br />property that is: <br />(a) Being transported or towed by, or <br />handled for movement into, onto or <br />from, any "auto"; <br />(b) Otherwise in the course of transit by or <br />on behalf of the "insured"; or <br />(c) Being stored, disposed of, treated or <br />processed in or upon any "auto"; <br />(2) Before the "pollutants" or any property in <br />which the "pollutants" are contained are <br />moved from the place where they are <br />accepted by the "insured" for movement into <br />or onto any "auto"; or <br />(3) After the "pollutants" or any property in <br />which the "pollutants" are contained are <br />moved from any "auto" to the place where <br />they are finally delivered, disposed of or <br />abandoned by the "insured". <br />Paragraph (1) above does not apply to fuels, <br />lubricants, fluids, exhaust gases or other similar <br />"pollutants" that are needed for or result from <br />the normal electrical, hydraulic or mechanical <br />functioning of an "auto", covered by the <br />"underlying insurance" or its parts, if: <br />(a) The "pollutants" escape, seep, migrate, or <br />are discharged or released directly from an <br />"auto" part designed by its manufacturer to <br />hold, store, receive or dispose of such <br />"pollutants"; and <br />(b) The "bodily injury", "property damage" or <br />"covered pollution cost or expense" does not <br />arise out of the operation of any equipment <br />listed in Paragraphs f.(2) or f.(3). of the <br />definition of "mobile equipment" in the <br />Business Liability Coverage Form. <br />Paragraphs (2) and (3) above do not apply to <br />"accidents" that occur away from premises <br />owned by or rented to an "insured" with respect <br />to "pollutants" not in or upon an "auto" covered <br />by the "underlying insurance" if: <br />(a) The "pollutants" or any property in which the <br />"pollutants" are contained are upset, <br />overturned or d <br />maintenance or <br />ew cF RAMwagementDMsian <br />Jy/\'x REVIEWED & APPROVED BY.- <br />V"° <br />--� Risk janagement Analyst <br />