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(a) Bodily injury or property damage for <br />which the vendor is obligated to pay <br />damages by reason of the assump- <br />tion of liability in a contract or <br />agreement. This exclusion does not <br />apply to liability for damages that <br />the vendor would have in the ab- <br />sence of the contract or agreement; <br />(b) Any express warranty unauthorized <br />by you; <br />(c) Any physical or chemical change in <br />the product made Intentionally by <br />the vendor; <br />(d) Repackaging, unless unpacked solely <br />for the purpose of inspection, dem- <br />onstration, testing, or the substi- <br />tution of parts under instructions <br />from the manufacturer, and (hen re- <br />packaged in the original container, <br />(e) Any failure to make such in- <br />spections, adjustments, tests or ser- <br />vicing as the vendor has agreed to <br />make or normally undertakes to <br />make in the usual course of busi- <br />ness, in connection with the distrib- <br />ution or sale of the products; <br />into, accompanying or containing such <br />products. <br />However, if an Additional Insured - Vendors <br />endorsement is attached to this policy that <br />speciticallynamas a person or organization as <br />an insured, then this subsection 21 does not <br />apply to that person or organizution. <br />4. Additional Insured - Limited Primary and Non- <br />contributory Provision <br />The following is added as a second paragraph to <br />Section 1V Conditions, Condition 4. Other Insur- <br />ance, following paragraph b.(2); <br />However, if you have added any person, organiza- <br />tion or vendor of yours as an additional insured to <br />this policy by way of this MultiCover O endorse- <br />ment and have agreed in a written insured contract <br />that this insurance is primary and non-contribu- <br />tory with other insurance available to that addi- <br />tional insured, this insurance is primary and we <br />will not seek contribution from such additional <br />insured's other insurance. This provision does not <br />apply to other insurance to which such additional <br />insured has been added as an additional insured. <br />5. Waiver of Subrogation <br />(f) Demonstration, installation, servic- <br />SECTION IV - COMMERCIAL GENERAL <br />LIABILITY CONDITIONS, item 8., is deleted <br />ing or repair operations, except such <br />and replaced by the following. <br />operations performed by the vendor <br />in full compliance with the man. <br />8. Transfer of Rights of Recovery Against Oth- <br />tlfacturer's written instructions at the <br />ers to Us and Blanket Waiver of Subrogation <br />vendor's premises in connection <br />with the sale of the product; <br />a. If the insured has rights to recover all or <br />part of any payment we have made under <br />(g) Products which, after distribution <br />this Coverage Part, those rights are <br />or sale by you, have been labeled or <br />transferred to us. The insured must do <br />relabeled or used as a container, part <br />nothing after the loss to impair those <br />or ingredient of any other thing or <br />rights. At our request, the insured will <br />substance by or for the vendor; or <br />bring suit or transfer those rights to us <br />(h) Bodily Injury or property damage <br />and help us enforce them. <br />arising out of the liability of the <br />b. If required by it written insured contract <br />vendor for its own acts or omissions <br />executed prior to the occurrence or of. <br />or those of its employees or anyone <br />louse, we waive any right of recovery we <br />else acting on its behalf <br />may have against any person or organ- <br />(2) This insurance docs not apply to any in- <br />ization named in such insured contract, <br />because of payments we make for injury <br />sured person or organization from whom <br />or damage arising out of your operations <br />you have acquired such products or any <br />ingredient, part or container, entering <br />or your work for that person or organ - <br />ization. <br />Cc7159 12-07 <br />Copyright 2007. Fircmods Food IarUmnea Company, Novato. CA. All dghu rcsarved. <br />Inchdes copyrighted malerial of Inswsnea Serriea OFlke, Enc.. Wih is permission. <br />Page 3 of 7 <br />\PPROVED AS TO FORM <br />i_aura <br />Stitt Sheedy <br />,istant <br />City .,,ttornev <br />