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OCEAN BLUE ENVIRONMENTAL A -2013- 115 -02 REVIEWED BY:
<br />EUNICE HEREDIA (PG 10 OF 18)
<br />DEFINITIONS AS USED IN THIS ENDORSEMENT
<br />Accident Includes continuous or repeated exposure to conditions or which results in bodily Injury, property drunnge, or
<br />environmental damage which the insured neither expected nor intended,
<br />Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semi - trailer propelled or cbawn by mechanical
<br />power and used on a highway for transporting property, or any combination thereof,
<br />Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these.
<br />Property Damago moans damage to or loss of use of tangible property.
<br />Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out or the
<br />accidental discharge, dispersal, release or oscape into or upon the land, atmosphere, watercourse, or body of water, of
<br />any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures
<br />taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife.
<br />Public Liability means liability for bodily injury, property damage, and environmental restoration.
<br />The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to
<br />assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30
<br />of the Motor Carrier Act of 1980 and the rules and regulations of the Fodorat Motor Carrier Safety Administration
<br />(FMCSA).
<br />In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company)
<br />agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public
<br />liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial
<br />responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each
<br />motor vehicle is specifically described In the policy and whether or not such negligence occurs on any route or in any
<br />territory authorized to be served by the insured or elsewhere. Such insurance as is arforded, for public liability, does not
<br />apply to injury to or death of the insured's employees while engaged in the course of their employment, o, property
<br />transported by the insured, designated as cargo. It is understood and agreed that no condition, provlsion, stipulation, or
<br />limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve
<br />the company from liability or from the payment of any final judgment, within the limits of liability herein described,
<br />irrespective of the financial condition, insolvency or bankruptcy of the insured, However, all terms, conditions, and
<br />limitations in fire policy to which the endorsement is attached shall remain in full force acrd effect as binding between the
<br />insured and the company, The insured agrees to reimburse the company for any payment made by the company on
<br />account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the
<br />company would not have been obligated to make under the provisions of the policy except for the agreement contained
<br />in this endorsement.
<br />It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the
<br />insured as provided herein, thejudgment creditor may maimain an action in any court of conpetentjurisdiction against
<br />the company to compel such payment.
<br />The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each incident
<br />and any payment under the policy because of rmy one accident shall not operate to reduce the liability of the company for
<br />the payment of final judgments
<br />resulting from any other accident.
<br />THE SCHI3DULF OF LIMITS SHOWN ON THE RCVCRSL' SIDE DOES NOT PROVIDF COVERACC, The limits
<br />shown In the schedule are for infomhation purposes only.
<br />Form MCS -90 (page 2 of 3)
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