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S 6D CM!i (Ed. (Ed. 6-6-16) (4) Commences during the "policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants" from which the "bodily injury' or "property damage" arises is demonstrable as having occurred during this policy period. (5) All "bodily injury' or "property damage" resulting from one "pollution incident" shall be deemed to have occurred only at the commencement date of the covered "pollution incident" (6) The insured's responsibility to pay damages because of "bodily injury" or "property damage" must be determined in a "suit' on the merits in the "coverage territory" or in a settlement we agree to. (7) Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting from the "bodily injury." B. SECTION B. EXCLUSIONS is deleted and replaced by the following: This insurance does not apply to: a. "Bodily injury," "property damage" or "preventive remedial expense" expected or reasonably foreseeable from the standpoint of the insured. b. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which is.a repeat or resumption of a previous "pollution incident" involving the same pollutant from essentially the same source within the previous twelve (12) months, at the same premises. c. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of 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. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of: (t) employment by the insured; or (it) performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) 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. f. "Property damage" to (1) A "waste facility" to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (4) Property loaned to an insured; or (5) Personal property in care, custody or control of an insured. Paragraph (2) of this exclusion f. does not apply to "preventive remedial expense" at property you own, rent or occupy now. g. "Bodily injury" at or from a "waste facility" to which waste from the operation of an insured is consigned. h. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" at or from a "waste facility" which is on "your office premises." SB300176D (6-16) Page 12 of 16 Copyright, CNA AI Rights Reserved. wiMoge�do�wam � 9 ` IENE�m6 MPRa/®BP ': 7ou P&c oo �Rsk Managemm�Um(alAde 00