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ducts, asbestos-containing materials or
<br /> However, we will not pay that portion products, asbestos fibers or asbestos
<br /> of a "loss" that is within the "Under- dust; or
<br /> lying Limits of Insurance" which the
<br /> Insured has agreed to fund by self- 3. any obligation to investigate, settle or
<br /> insurance or means other than insur- defend, or indemnify any person
<br /> ance. against any claim or suit arising out of
<br /> or related in any way, either directly or
<br /> 5. The limits of this policy apply sepa- indirectly, to asbestos, asbestos pro-
<br /> rately to each consecutive annual pe- ducts, asbestos-containing materials or
<br /> riod, and to any remaining period of products, asbestos fibers or asbestos
<br /> less than 12 months, starting with the dust.
<br /> beginning of the policy period shown
<br /> in the Declarations unless the policy B. Any liability, including, but not limited to
<br /> period is extended after issuance for settlements, judgments, costs, charges, ex-
<br /> an additional period of less than 12 penses, costs of investigations, or the fees
<br /> months. In that case the additional pe- of attorneys, experts, or consultants aris-
<br /> riod will be deemed part of the last ing out of or in any way related to:
<br /> preceding period for purposes of deter-
<br /> mining the Limits of Insurance. 1. the actual, alleged or threatened pres-
<br /> ence, discharge, dispersal, seepage,
<br /> III. DEFENSE migration, release or escape of "pollu-
<br /> tants," however caused;
<br /> A. We will not be required to assume charge
<br /> of the investigation of any claim or de- 2. any request, demand, or order that any
<br /> fense of any suit against you. Insured or others test for, monitor,
<br /> clean up, remove, contain, treat, de-
<br /> B. We will have the right, but not the duty, to toxify, neutralize or in any way re-
<br /> be associated with you or your underlying spond to or assess the effects of "pol-
<br /> insurer or both in the investigation of any lutants." This includes demands, direc-
<br /> claim or defense of any suit which in our tives, complaints, suits, orders or re-
<br /> opinion may create liability on us for quests brought by any governmental
<br /> "loss." If we exercise such right, we will entity or by any person or group of
<br /> do so at our own expense, but not after persons;
<br /> the limits of this policy are exhausted.
<br /> 3. steps taken or amounts incurred by a
<br /> IV. EXCLUSIONS governmental unit or any other person
<br /> or organization to test for, monitor,
<br /> This policy does not apply to: clean-up, remove, contain, treat, de-
<br /> toxify or neutralize or assess the ef-
<br /> A. Any liability, including, but not limited to fects of "pollutants."
<br /> settlements, judgments, costs, charges, ex-
<br /> penses, costs of investigations, or the fees This exclusion will apply to any liability,
<br /> of attorneys, experts, or consultants aris- costs, charges or expenses, or any judg-
<br /> ing out of or related in any way, either ments or settlements, arising directly or
<br /> directly or indirectly, to: indirectly out of pollution whether or not
<br /> the pollution was sudden, accidental, grad-
<br /> M 1. asbestos, asbestos products, asbestos- ual, intended, expected, unexpected, pre-
<br /> containing materials or products, as- ventable or not preventable.
<br /> bestos fibers or asbestos dust, includ-
<br /> ing, but not limited to, manufacture, As used in this exclusion "pollutants"
<br /> mining, use, sale, installation, removal, means any solid, liquid, gaseous or ther-
<br /> or distribution activities; mal irritant or contaminant, including, but
<br /> not limited to, smoke, vapor, soot, fumes,
<br /> 2. exposure to testing for, monitoring of, acids, alkalis, chemicals and waste ma-
<br /> cleaning up, removing, containing or terial.
<br /> treating of asbestos, asbestos pro-
<br /> Risk Management DMsim
<br /> REVIEWED&APPROVED BY.
<br /> ® Risk Management Specialist
<br /> CE 65 24 06 97 (Page 2 of 7)
<br />
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