Laserfiche WebLink
S B-300176-B <br />(Ed. 01/08) <br />to which Office Premises Limited Pollution <br />Coverage applies. <br />3. Subject to 2, above, the Each Pollution <br />Incident Limit shown in the Schedule is the <br />most we will pay for the sum of all damages <br />because of "bodily injury" and "property <br />damage" directly resulting from any one <br />"pollution incident" to which Office Premises <br />Limited Pollution Coverage applies. <br />4. The Limits of Insurance of this Office <br />Premises Limited Pollution Coverage apply <br />separately to each consecutive annual period <br />and to any remaining period of less than 12 <br />months, starting with the beginning of the <br />policy period shown in the Declarations, <br />unless the policy period is extended after <br />issuance for an additional period of less than <br />12 months. In that case, the additional period <br />will be deemed part of the preceding period <br />for purposes of determining the Limits of <br />Insurance. <br />5. The Limits of Insurance for this Office <br />Premises Limited Pollution Coverage are <br />separate from and not subject to the General <br />Aggregate Limit for COVERAGE 1. Business <br />Liability. <br />6. The Limits of Insurance for this Office <br />Premises Limited Pollution Coverage shall <br />not be amended by any endorsement <br />attached to this policy which does not <br />specifically reference Office Premises <br />Limited Pollution Coverage. <br />F. SECTION E. BUSINESSOWNERS GENERAL <br />LIABILITY CONDITIONS is amended as follows: <br />1. Condition 2.a. is replaced by the following: <br />2. Duties In The Event of Pollution <br />Incident, Claim or Suit. <br />a. You must see to it that we are notified <br />as soon as practicable of a "pollution <br />incident" that may result in a claim. <br />To the extent possible, notice should <br />include: <br />(1) How, when, and where the <br />"pollution incident" took place; <br />(2) The names and addresses of any <br />injured persons and witnesses; <br />and <br />(3) The nature and location of any <br />release, and of any injury or <br />damage arising out of the <br />"pollution incident." <br />2. The following Condition is added: <br />Remediation of Insured's Premises <br />a. Except for "preventive remedial expense" <br />as described in paragraph 4.a.(2) of <br />SECTION A. COVERAGES, this policy's <br />Office Premises Limited Pollution <br />Coverage doesn't provide coverage for <br />clean-up of "your premises." If a "pollution <br />incident" happens on "your premises" that <br />poses imminent and substantial danger of <br />"bodily injury" or "property damage" to <br />which this insurance applies, you must <br />promptly take at your own expense all <br />reasonable steps to curtail or prevent <br />covered "bodily injury" or "property <br />damage" from happening. <br />b. If, in defiance of the intent of this policy, <br />we are ever compelled by court or <br />governmental order to pay to clean up <br />part or all of "your premises," you agree <br />to reimburse us for all such costs. <br />With respect to your duties under this Condition, if a <br />dispute arises between you and us with respect to <br />payment and/or reimbursement for any expenses for <br />testing, monitoring, cleaning up, removing, containing, <br />treating, detoxifying or neutralizing or in any way <br />responding to or assessing the effects of "pollutants" <br />associated with "your premises," the matter shall be <br />resolved by arbitration, and such arbitration shall be <br />governed by the Rules of the American Arbitration <br />Association, and judgment upon the award rendered <br />by the arbitrator(s) may be entered in any court having <br />jurisdiction thereover. <br />If a dispute subject to arbitration hereunder should <br />arise, either party may make a demand for arbitration <br />by filing a demand in writing with the other- There shall <br />be three arbitrators, one named in writing by each of <br />the parties within ten (10) days after the demand for <br />arbitration is given and a third chosen by the two <br />appointed. Should either party refuse or neglect to join <br />in the appointment of the arbitrator(s) or to furnish the <br />arbitrator(s) with any papers or information demanded, <br />the arbitrator(s) are empowered by both parties to <br />proceed ex parte. Arbitration shall take place in <br />Chicago, Illinois and the hearing before the <br />arbitrator(s) of the matter to be arbitrated shall be at <br />the time and place within said city as is selected by the <br />arbitrator(s). The arbitrator(s) shall select such time <br />and place promptly after his/her (or their) appointment <br />and shall give written notice thereof to each party at <br />least 20 days prior to the date so fixed. At the hearing, <br />any relevant evidence may be presented by either <br />party, and the formal rules of evidence applicable to <br />judicial proceedings shall not govern. Evidence may <br />be admitted or excluded in the sole discretion of the <br />arbitrator(s). Said arbitrator(s) shall hear and <br />determine the matter and shall execute and <br />acknowledge their award in writing and cause a copy <br />thereof to be delivered to each of the two parties. The <br />SB-300176-8 Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 O of 11 <br />(Ed. 01/08) Copyright, Insurance Services Office, Inc.