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2. Exclusions <br />This insurance does not apply to: <br />a. Expected or Intended Injury <br />"Bodily injury" or "property damage" expected or <br />intended from the standpoint of the insured. <br />This exclusion does not apply to "bodily injury" <br />resulting from the use of reasonable force to <br />protect persons or property. <br />b. Contractual Liability <br />"Bodily injury" or "property damage" for which <br />the insured is obligated to pay damages by <br />reason of the assumption of liability in a contract <br />or agreement. This exclusion does not apply to <br />liability for damages: <br />(1) That the insured would have in the absence of <br />the contract or agreement; or <br />(2)Assumed in a contract or agreement that is an <br />"insured contract ", provided the "bodily injury" <br />or "property damage" occurs subsequent to <br />the execution of the contract or agreement. <br />Solely for the purposes of liability assumed in <br />an "insured contract ", reasonable attorney <br />fees and necessary litigation expenses <br />incurred by or for a party other than an <br />insured are deemed to be damages because <br />of "bodily injury" or "property damage', <br />provided: <br />(a) Liability to such parry for, or for the cost of, <br />that parry's defense has also been <br />assumed in the same "insured contract "; <br />and <br />(b Such attorney fees and litigation ex- <br />penses are for defense of that party <br />against a civil or alternative dispute reso- <br />lution proceeding in which damages to <br />which this insurance applies are alleged. <br />c. Liquor Liability <br />"Bodily injury" or "property damage" for which <br />any insured may be held liable by reason of: <br />(1)Causing or contributing to the intoxication of <br />any person; <br />(2)The furnishing of alcoholic beverages to a <br />person under the legal drinking age or under <br />the influence of alcohol; or <br />(3)Any statute, ordinance or regulation relating to <br />the sale, gift, distribution or use of alcoholic <br />beverages. <br />This exclusion applies only if you are in the <br />business of manufacturing, distributing, selling, <br />serving or furnishing alcoholic beverages. <br />d. Workers' Compensation and Similar Laws <br />Any obligation of the insured under a workers' <br />compensation, disability benefits or unemploy- <br />ment compensation law or any similar law. <br />e. Employer's Liability <br />"Bodily injury" to: <br />(1)An "employee" of the insured arising out of <br />and in the course of: <br />(a)Employment by the insured; or <br />(b Performing duties related to the conduct of <br />the insured's business; or <br />(2)The spouse, child, parent, brother or sister of <br />that "employee" as a consequence of <br />Paragraph (1) above. <br />This exclusion applies whether the insured may <br />be liable as an employer or in any other capacity <br />and to any obligation to share damages with or <br />repay someone else who must pay damages <br />because of the injury. <br />This exclusion does not apply to liability <br />assumed by the insured under an "insured <br />contract ". <br />f. Pollution <br />(1) "Bodily injury" or "property damage" arising <br />out of the actual, alleged or threatened <br />discharge, dispersal, seepage, migration, <br />release or escape of "pollutants ": <br />(a)At or from any premises, _site or location <br />which is or was at any time owned or <br />occupied by, or rented or loaned to, any <br />insured. However, this subparagraph does <br />not apply to: <br />(i) "Bodily injury" if sustained within a <br />building and caused by smoke, fumes, <br />vapor or soot produced by or originating <br />from equipment that is used to heat, cool <br />or dehumidify the building, or equipment <br />that is used to heat water for personal <br />use, by the building's occupants or their <br />guests; <br />(ii) "Bodily injury" or "property damage" for <br />which you may be held liable, if you are <br />a contractor and the owner or lessee of <br />such premises, site or location has been <br />added to your policy as an additional <br />insured with respect to your ongoing <br />operations performed for that additional <br />insured at that premises, site or location <br />and such premises, site or location is <br />not and never was owned or occupied <br />by, or rented or loaned to, any insured, <br />other than that additional insured; or <br />(iii) "Bodily injury" or "property damage" <br />arising out of heat, smoke or fumes from <br />a "hostile fire "; <br />(b) At or from any premises, site or location <br />which is or was at any time used by or for <br />any insured or others for the handling, <br />storage, disposal, processing or treatment <br />of waste; <br />CG 00 01 12 07 Copyright, ISO Properties, Inc., 2006 Page 2 of 14 ❑ <br />