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COMMERCIAL GENERAL L1ABILlT~ (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured. b. "Personal injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not appiy to liability: (1) Assumed in a contract or agreement that is an 'insured contract', provided the 'personal injury" arises out of an offense committed subsequent to the execution of the contract or agree- ment; or (2) That the insured would have in the absence of the contract or agree- ment. c. 'Advertising injury': (1) Arising out of breach of contract, other than misappropriation of adver- tising ideas under an implied con- tract; (2) Arising out of the failure of goods, products or services to conform with advertised qual~y or performance; (3) Arising out of the wrong description of the price of goods, products or serv- ices; (4) Arising out of an offense committed by an insured whose business is ad- vertising, broadcasting, publishing or telecasting; or (5) For which the insured has assumed Iiabil~ ina contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. 2. Subparagraph f. of the definition of 'insured contract' (DEFINITIONS - Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemn~icalion of a municipality in connection with work pertormed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury', 'property damage' or 'per- sonal injury' to a third party or organiza- tion. Tort liabil~y means a liability that .-../ would be imposed by law in the absence of any contract or agreement. 3. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE - BODILY IN- JURY The definition of "bodily injury' (DEFINITIONS - Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. I. INJURY TO CO-EMPLOYEES 1. It is agreed that your 'employees" are in- sureds with respect to 'bodily injury" to a co- 'employee' in the course of the co- 'employee's' employment by you, provided that this coverage for your 'employees' does not apply to acts outside the scope of their employment by you or while pertormlng du- ties unrelated to the conduct of your busi- ness. 2. Subparagraphs 2.8.(1)(8), (b) and (c) and 3.8. of WHO IS AN INSURED (Section II) do not apply to "bodily injury" for which insurance is provided by paragraph 1. above. J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1- Coverages): (This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON-OWNED WATERCRAFT 1. The exception contained in Part (2) of exclu- sion g. of COVERAGE A. BODILY INJURY Page 4 of 5 Copyright, The Travelers Indemnity Company, 1999 CG 01860999