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(2) For the purpose of determining the limits of <br />Insurance for incidental medical malpractice, <br />any act or omisslon together with all related acts <br />or omissions in the furnishing of these services <br />to any one person will be considered one <br />"occurrence ". <br />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. This <br />exclusion does not apply to "bodily injury" or <br />"property , damage resulting from the use of <br />reasonable force to protect persons or property. <br />b. Contractual Liability, <br />"Bodily injury" or "property damage" for which the <br />Insured is obligated to pay damages by reason of <br />the assumption of liability in >a contract or <br />agreement: This exclusion does not apply to liability <br />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" or <br />'property damage occurs subsequent to the <br />execution of the contract or agreement. Solely <br />for the purposes''of liability assumed in an <br />"insured contract ", reasonable attorney fees and <br />necessary litigation expenses' incurred by or for <br />a party other than an insured are deemed to be <br />damages because of "bodily injury" or "property <br />damage", provided:: <br />(a). Liability to such parry for, or for the cost of, <br />that party's defense has also been assumed <br />in the same "insured contract "; and <br />(b) Such attorney. fees and litigation expenses <br />are for defense of that parry against a civil or <br />alternative dispute resolution proceeding in <br />which "damages to which this insurance <br />applies are alleged, <br />c, liquor Liability <br />"Bodily injury" or "property, damage" for which any <br />insured may be held liable by reason of: <br />(1) Causing or contributing to the intoxication of any <br />person; <br />(2) The furnishing of alcoholic beverages to a <br />person unifier the legal drinking age or under the <br />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 />Page 2 of 18 <br />d. Workers' Compensation And Similar Laws <br />Any obligation of the insured' under a workers' <br />compensation, disability benefits or unemployment <br />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 and <br />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: <br />(1) Whether the Insured may be liable as an <br />employer or in any other capacity; and <br />(2) 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 assumed <br />by the Insured under an "insured contract ". <br />f. Pollution <br />(1) "Bodily injury" or "property damage" arising out <br />of the actual, alleged or threatened discharge, <br />dispersal; seepage, migration, release or <br />escape of "pollutants" <br />(a) At or frorn 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 />(1) "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 a <br />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 not <br />and never was owned or occupied by, or <br />rented or loaned to, any insured, other <br />than that additional insured; or <br />( ;APPROVED AS TO FORT <br />— ur_ nn 01 0605 <br />LISA E. STORCK <br />Assistant City Attorney <br />f -1k 4- //-� <br />