THERMOTEST, INC. 1 - 2010 - Laserfiche WebLink

Home Browse Search

to which Office Premises Limited Pollution Coverage applies. 3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of "bodily injury" and "property damage" directly resulting from any one "pollution incident" to which Office Premises Limited Pollution Coverage applies. 4. The Limits of Insurance of this Office Premises Limited Pollution Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. 5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1. Business Liability. 6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows: 7. Condition 2. a. is replaced by the following 2. Duties In The Event of Pollution Incident, Claim or Suit. a. You must see to it that we are notified as soon as practicable of a "pollution incident" that may result in a claim. To the extent possible, notice should include: (1) How, when, and where the "pollution incident" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident." 2. The following Condition is added: S B- 300'176 -B (Ed . 01 /OS ) Remediation of Insured's Premises a. Except for "preventive remedial expense" as described in paragraph 4.a.(2) of SECTION A. COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean -up of "your premises." If a "pollution incident" happens on "your premises" that poses imminent and substantial danger of "bodily injury" or "property damage" to which this insurance applies, you must promptly take at your own expense all reasonable steps to curtail or prevent covered "bodily injury" or "property damage" from happening. b. Ifi, in defiance of the intent of this policy, we are ever compelled by court or governmental order to pay to clean up part or all of "your premises;" you agree to reimburse us for all such costs. With respect to your duties under this Condition, if a dispute arises between you and us with respect to payment and /or reimbursement for any expenses for testing, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of "pollutants" associated with "your premises," the matter shall be resolved by arbitration, and such arbitration shall be governed by the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators) may be entered in any court having jurisdiction thereover. If a dispute subject to arbitration hereunder should arise, either party may make a demand for arbitration by filing a demand in writing with the other. There shall be three arbitrators, one named in writing by each of the parties within ten (10) days after the demand for arbitration is given and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the arbitrators) or to furnish the arbitrators) with any papers or information demanded, the arbitrators) are empowered by both parties to proceed ex parte. Arbitration shall take place in Chicago, Illinois and the hearing before the arbitrators) of the matter to be arbitrated shall be at the time and place within said city as is selected by the arbitrator(s). The arbitrators) shall select such time and place promptly after his /her (or their) appointment and shall give written notice thereof to each party at least 20 days prior to the date so fixed. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrator(s). Said arbitrators) shall hear and determine the matter and shall execute and acknowledge their award in writing and cause a copy thereof to be delivered to each of the two parties. The SB- 300'176 -8 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 11 (Ed. O"I/08) Copyright, Insurance Services Office, Inc.