EAST LOS ANGELES CLASSIC THEATRE 2-2009

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rorn: Leslie Mills At: Invensure Insuranoe Brokers FaxlD, `Ir`o: Santa ulna City Attomey Office Date: 2J9f2010 0 : 1 AM Page: 6 of 12 Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period by fire to premises while rented to you or tempo- "personal and advertising injury" arising out of rarily occupied by you with permission of the oral or written publication of (material whose owner. A separate limit of insurance applies to this first publication took place before the beginning coverage as described in Section III — Limits Of of the policy period. insurance. COVERAGE B PERSONAL AND ADVERTISING ING INJURY LIABILITY 1. Insuring Agreement a. we will pay those suns that the insured be- comes legally obligated to pay as damages because of "personal and advertising injury" t which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However" we will have no duty to defend the insured against any "suit" seeking damages for "per- sonal and advertising injury" to which this in- surance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages Is limited as described in Section III — Limits f Insurance; and ( Our right and duty to defend end when we have used up the applicable Ill it of insur- ance in the paymi3nt of judgments or set- tlements under Coverages A or B or medi- cal expenses under coverage C. o other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Ooverages A and B. b. This insurance applies to "personal and adver- tising injur " caused by an offense arising out of your business but only if the offense was o'omm itted in the "coverage territory," during the policy period. . Exclusions This insurance does not apply to: a. Knowing Violation Of Fights Of Another "Personal and advertising Injury," caused by or at the direction of the insured with the knowl- edge that the act would violate the rights of an- other and would inflict "personal and advertis- ing in jury". b. Material Published With Knowledge of Falsity d. Criminal Acts "Personal and advertising injury" arising out of a criminal. act committed by or at the d i rec9on of the insured. e. contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a 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. f. Breach of contract "Personal and advertising injury" arising out of a breach of contract, except an implied con- tract to use another's advertising idea in your "advertisement' . Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or per- formance made in your +'advertl ement ". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertis- nt'�. i. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent" trade- mark, trade secret or other intellectual property rights. Under this exclusion, such other intellec- tual property rights do not include the use of another's advertising idea in your "advertise- ment". However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. J. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: "Personal and advertising injury" arising out of 1 Advertising, broadcasting, publishing or oral or written publ ication of mate ria I, if don a by to leca sU ng; or at the direction of the insured with knowl- edge of its falsity. Designing or determining content of web - sites for others; or Page 6 of 16 0 ISO Properties, Inc., 2005 cO 00 0112 0 0