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CP 00 90 07 88 <br />COMMERCIAL PROPERTY CONDITIONS <br />This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss <br />Conditions and Additional Conditions in Commercial Property Coverage Forms. <br />A. CONCEALMENT, MISREPRESENTATION OR FRAUD <br />This Coverage Part is void in any case of fraud by <br />you as it relates to this Coverage Part at anytime. It <br />is also void if you or any other insured, at any time, <br />intentionally conceal or misrepresent a material fact <br />concerning: <br />1. This Coverage Part; <br />2. The Covered Property; <br />3. Your interest in the Covered Property; or <br />4. A claim under this Coverage Part. <br />B. CONTROL OF PROPERTY <br />Any act or neglect of any person other than you <br />beyond your direction or control will not affect this <br />insurance. <br />The breach of any condition of this Coverage Part at <br />anyone or more locations will not affect coverage at <br />any location where, at the time of loss or damage, <br />the breach of condition does not exist. <br />C. INSURANCE UNDER TWO OR MORE COVERAGES <br />If two or more of this policy's coverages apply to <br />the same loss or damage, we will not pay more than <br />the actual amount of the loss or damage. <br />D. LEGAL ACTION AGAINST US <br />No one may bring a legal action against us under <br />this Coverage Part unless: <br />1. There has been full compliance with all of the <br />terms of this Coverage Part; and <br />2. The action is brought within 2 years after the <br />date on which the direct physical loss or damage <br />occurred. <br />E. LIBERALIZATION <br />If we adopt any revision that would broaden the <br />coverage under this Coverage Part without additional <br />premium within 45 days prior to or during the policy <br />period, the broadened coverage will immediately <br />apply to this Coverage Part. <br />F. NO BENEFIT TO BAILEE <br />No person or organization, other than you, having <br />custody of Covered Property will benefit from this <br />insurance. <br />G. OTHER INSURANCE <br />1. You may have other insurance subject to the <br />same plan, terms, conditions and provisions as <br />the insurance under this Coverage Part. If you <br />do, we will pay our share of the covered loss or <br />damage. Our share is the proportion that the <br />applicable Limit of Insurance under this Coverage <br />Part bears to the Limits of Insurance of all <br />insurance covering on the same basis. <br />2. If there is other insurance covering the same loss <br />or damage, other than that described in 1. <br />above, we will pay only for the amount of <br />covered loss or damage in excess of the amount <br />due from that other insurance, whether you can <br />collect on it or not. But we will not pay more <br />than the applicable Limit of Insurance. <br />H. POLICY PERIOD, COVERAGE TERRITORY <br />Under this Coverage Part: <br />1. We cover loss or damage commencing: <br />a. During the policy period shown in the Decla- <br />rations; and <br />b. Within the coverage territory. <br />2. The coverage territory is: <br />a. The United States of America (including its <br />territories and possessions); <br />b. Puerto Rico; and <br />c. Canada. <br />I. TRANSFER OF RIGHTS OF RECOVERY AGAINST <br />OTHERS TO US <br />If any person or organization to or for whom we <br />make payment under this Coverage Part has rights <br />to recover damages from another, those rights are <br />transferred to us to the extent of our payment. That <br />person or organization must do everything necessary <br />to secure our rights and must do nothing after loss <br />to impair them. But you may waive your rights <br />against another party in writing: <br />1. Prior to a loss to your Covered Property or <br />Covered Income. <br />2. After a loss to your Covered Property or Covered <br />Income only if, at time of loss, that party is one <br />of the following: <br />a. Someone insured by this insurance; <br />b. A business firm: <br />(1) Owned or controlled by you; or <br />(2) That owns or controls you; or <br />C. Your tenant. <br />This will not restrict your insurance. <br />CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 <br />�oRaN <br />} z <br />RiskMmWmerdDMsfan <br />REVIEWED & APPROVED BY.- <br />f R. V;&wd <br />Risk Management Analyst <br />