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covered by the "underlying <br />insurance" if: <br />a. The "pollutants" or any property <br />in which the "pollutants" are <br />contained are upset, overturned <br />or damaged as a result of the <br />maintenance or use of the "auto", <br />and <br />b. The discharge, dispersal, <br />seepage, migration, release or <br />escape of the "pollutants" is <br />caused directly by such upset, <br />overturn or damage. <br />2. Workers Compensation And Similar <br />Laws <br />Any obligation of the insured under a <br />workers' compensation, disability benefits or <br />unemployment compensation law or any <br />similar law. <br />3. Contractual Liability <br />Liability assumed by the "insured" under any <br />contract or agreement with respect to an <br />"occurrence" taking place before the <br />contract or agreement is executed. <br />4. Personal And Advertising Injury <br />This policy does not apply to "personal and <br />advertising injury". <br />EXCEPTION <br />This exclusion does not apply to the extent <br />that coverage for such "personal and <br />advertising injury" is provided by "underlying <br />insurance", but in no event shall any <br />"personal and advertising injury" coverage <br />provided under this policy apply to any claim <br />or "suit" to which "underlying insurance" <br />does not apply. <br />Any coverage restored by this EXCEPTION <br />applies only to the extent that such coverage <br />provided by the "underlying insurance" is <br />maintained having limits as set forth in the <br />Schedule of Underlying Insurance Policies. <br />5. Underlying Insurance <br />Any injury or damage: <br />a. Covered by "underlying insurance" but <br />for any defense which any underlying <br />insurer may assert because of the <br />"insured's" failure to comply with any <br />condition of its policy; or <br />b. For which "damages" would have been <br />payable by "underlying insurance" but <br />for the actual or alleged insolvency or <br />financial impairment of an underlying <br />insurer. <br />6. Aircraft <br />"Bodily injury" or "property damage" arising <br />out of the ownership, operation, <br />Form XL 00 03 09 16 <br />maintenance, use, entrustment to others, <br />loading or unloading of any aircraft: <br />a. Owned by any "insured"; or <br />b. Chartered or loaned to any "insured". <br />This exclusion applies even if the claims <br />allege negligence or other wrongdoing in the <br />supervision, hiring, employment, training or <br />monitoring of others by an insured, if the <br />"occurrence" which caused the "bodily <br />injury" or "property damage" involved the <br />ownership, maintenance, use or entrustment <br />to others of any aircraft that is owned or <br />operated by or rented or loaned to any <br />insured. <br />This exclusion does not apply to aircraft that <br />is: <br />a. Hired, chartered or loaned with a paid <br />crew; but <br />b. Not owned by any "insured". <br />This exclusion does not apply to "bodily <br />injury" to any of your "employees" arising out <br />of and in the course of their employment by <br />you. <br />7. Watercraft <br />"Bodily injury" or "property damage" arising <br />out of the ownership, operation, <br />maintenance, use, entrustment to others, <br />loading or unloading of any watercraft. <br />This exclusion applies even if the claims <br />allege negligence or other wrongdoing in the <br />supervision, hiring, employment, training or <br />monitoring of others by an insured, if the <br />"occurrence" which caused the "bodily <br />injury" or "property damage" involved the <br />ownership, maintenance, use or entrustment <br />to others of any watercraft that is owned or <br />operated by or rented or loaned to any <br />insured. <br />This exclusion does not apply to: <br />a. Watercraft you do not own that is: <br />(1) Less than 51 feet long, and <br />(2) Not being used to carry persons or <br />property for a charge; <br />b. "Bodily injury" to any of your <br />"employees" arising out of and in the <br />course of their employment by you; or <br />c. Any watercraft while ashore on <br />premises owned by, rented to or <br />controlled by you. <br />8. War <br />Any injury or damage, however caused, <br />arising, directly or indirectly, out of: <br />a. War, including undeclared or civil war; <br />or <br />N_oaa <br />?9 'e'' <br />} r <br />Risk ManaganadDMsfan <br />REVIEWED & APPROVED BY.- <br />Risk Management Analyst <br />