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COMMERICAL GENERAL LIABILITY COVERAGE PART DECLARATIONS(SINGLE LIMITS)Policy No.CLA 1000001-1Issued By:Nautilus Insurance CompanyNamed Insured and AddressAgent Name and Address 10041(503) 227-0491GCIS Various Entertainment Industry800 NW 6th Ave Ste 335Portland, OR 97209Gales Creek Ins Svcs IncPortland, OR 97209Policy Period: From December 1, 2009, to December 1, 2010 12:01 a.m. Standard TimeLIMITS OF INSURANCESAGeneral Aggregate Limit(Other Than Products-Completed Operations) 2,000,000Products-Completed OperationsAggregate Limit 1,000,000Personal & Advertising Injury Unit 1,000,000 Any One Person oror OrganizationEach Occurrence Limit 1,000,000Damage to Premises Rented to You Limit 100,000 Any One PremisesMMedical Expenese Limit ExcludedPLForm of Business: Individual Partnership Joint Venture TrustLimited Liability Company Organization, including a corporation(but not including a partnership,joint venture or limited liability company) XRetroactive Date (CG0002 Only)Coverage A of this insurance does not apply to “bodily injury” or “property damage” which occurs before theRetroactive Date, if any, shown below:Retroactive Date: None(Enter Date or “None” if no Retroactive Date Applies.)Location of all Premises You Own, Rent or Occupy:Endorsement Attached To This Coverage Form:ECG2026 (11-85), CG2101 (11-85), CG2134 (01-87), CG2135 (10-01), CG13AS (08-04),CSE22AS (08-04), CG0001 (12-04), CG0067 (03-05), CG0190 (10-89), CG2104 (11-85),CG2146 (07-98), CG2147 (07-98), CG2149 (09-99), CG 2167 (12-04), CG 2170 (11-020),CG2258 (11-85), CGE01AS (08-04), CGE02AS (08-04), CGE03AS (08-04), CGE10AS (08-04),CGE12AS (08-04), CGE15AS (08-04), CGE16AS (08-04), CL175 (02-86), CL176 (02-86).Endorsement A, Endorsement B, Endorsement C.AI CD 38 10 01
LIQUOR LIABILITY COVERAGE PART DECLARATIONSPolicy No.CLA 1000001-11Issued By:Nautilus Insurance CompanyNamed Insured and AddressAgent Name and Address 10041(503) 227-0491GCIS Various Entertainment Industry800 NW 6th Ave Ste 335Portland, OR 97209Gales Creek Ins Svcs IncPortland, OR 97209Policy Period: From December 1, 2009, to December 1, 2010 12:01 a.m. Standard Time at youraddress shown below.SAIn return for payment of premium and subject to all terms of this policy, we agree with you to providethe insurance as stated in this policy.LIMITS OF INSURANCEAggregate Limit 1,000,000Each Common Cause Limit 1,000,000MForm of Business: Individual Partnership Joint VentureX Organization, (Other than Partnership or Joint Venture )Business Description: Tenant User – TULIPLocation of all Premises You Own, Rent or OccupyAI CD 56 06 92EPL
QUICK REFERENCECOMMERCIAL GENERAL LIABILITY COVERAGE PARTREAD YOUR POLICY CAREFULLYThe Commercial General Liability Coverage Part in your policy consists of Declarations, a Coverage Form (either CG 00 01or CG 00 02), Common Policy Conditions and Endorsements, if applicable. Following is a Quick Reference indexing of theprincipal provisions contained in each of the components making up the Coverage Part, listed in sequential order, except forthe provisions in the Declarations which may not be in the sequence shown.DECLARATIONSNamed Insured and Mailing AddressPolicy PeriodDescription of Business and Location of PremisesLimits of InsuranceForms and Endorsements applying to the Coverage Part at time of issuePLMSACOVERAGE FORM (CG 00 01 or CG 00 02)SECTION I – COVERAGESCoverage A – Bodily Injury and Property Damage LiabilityInsuring AgreementExclusionsCoverage B – Personal and Advertising Injury LiabilityInsuring AgreementExclusionsCoverage C – Medical PaymentsInsuring AgreementExclusionsSupplementary PaymentsSECTION II – WHO IS AN INSUREDSECTION III – LIMITS OF INSURANCESECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONSBankruptcyDuties in the Event of Occurrence, Claim or SuitLegal Action Against UsOther InsurancePremium auditRepresentationsSeparation of InsuredsTransfer of Rights of Recovery Against Others to UsWhen We Do Not Renew (applicable to CG 00 02 only)Your Right to Claim and “Occurrence” Information (applicable to CG 00 02 only)SECTION V – EXTENDED REPORTING PERIODS (applicable to CG 00 02 only)SECTION VI – DEFINITIONS (SECTION V IN CG 00 01)ENDORSEMENTS (If Any)ECOMMON POLICY CONDITIONS (IL 00 17)CancellationChangesExamination of Your Books and RecordsInspections and SurveysPremiumsTransfer of Your Rights and Duties under this PolicyIncludes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1982, 1984, 1986.CL 175 (2-86) UNIFORM PRINTING AND SUPPLY, INC.
**** REPRINTED FROM THE FORMS LIBRARY ****COMMON POLICY CONDITIONSIL 00 17 11 98All coverage Parts included in this policy are subject to the following conditions.A.Copyright, Insurance Services Office, Inc., 1998F.Page 1 of 1ED.E.PLC.MB.c. Recommend changes.We are not obligated to make any inspections,surveys, reports or recommendations and anysuch actions we do undertake relate only toinsurability and the premiums to be charged. Wedo not make safety inspections. We do notundertake to perform the duty of any person ororganization to provide for the health or safety ofworkers or the public. And we do not warrant thatconditions:a. Are safe or healthful; orb. Comply with laws, regulations, codes orstandards.3. Paragraphs 1. and 2. of this condition apply notonly to us, but also to any rating, advisory, rateservide or similar organization which makesinsurance inspections, surveys, reports orrecommendations.4. Paragraph 2. of this condition does not apply toanyinspections,surveys,reportsorrecommendations we may make relative tocertification, under state or municipal statutes,ordinances or regulations, of boilers, pressurevessels or elevators.PremiumsThe first Named Insured shown in the Declarations:1. Is responsible for the payment of all premiums;and2. Will be the payee for any return premiums wepay.Transfer Of Your Rights And Duties Under ThisPolicyYour rights and duties under this policy may not betransferred without our written consent except in thecase of death of an individual named insured.If you die, your rights and duties will be transferred toyour legal representative but only while acting withinthe scope of duties as your legal representative. Untilyour legal representative is appointed, anyone havingproper temporary custody of your property will haveyour rights and duties but only with respect to thatproperty.2.SACancellation1. The first Named Insured shown in theDeclarations may cancel this policy by mailing ordelivering to us advance written notice ofcancellation.2. We may cancel this policy by mailing ordelivering to the first Named Insured writtennotice of cancellation at least:a. 10 days before the effective date ofcancellation if we cancel for nonpayment ofpremium; orb. 30 days before the effective date ofcancellation if we cancel for any otherreason.3. We will mail or deliver our notice to the firstNamed Insured s last mailing address known tous.4. Notice of cancellation will state the effective dateof cancellation. The policy period will end on thatdate.5. If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may be lessthan pro rata. The cancellation will be effectiveeven if we have not made or offered a refund.6. If notice is mailed, proof of mailing will besufficient proof of notice.ChangesThis policy contains all the agreements between youand us concerning the insurance afforded. The firstNamed Insured shown in the Declarations isauthorized to make changes in the terms of this policywith our consent. This policy s terms can be amendedor waived only by endorsement issued by us andmade a part of this policy.Examination Of Your Books And RecordsWe may examine and audit your books and recordsas they relate to this policy at any time during thepolicy period and up to three years afterward.Inspections And Surveys1. We have the right to:a. Make inspections and surveys at any time;b. Give you reports on the conditions we find;and
COMMERCIAL GENERAL LIABILITYCG 00 01 12 04COMMERCIAL GENERAL LIABILITY COVERAGE FORMb. This insurance applies to "bodily injury" and"property damage" only if:(1) The "bodily injury" or "property damage" iscaused by an "occurrence" that takes placein the "coverage territory";(2) The "bodily injury" or "property damage"occurs during the policy period; and(3) Prior to the policy period, no insured listedunder Paragraph 1. of Section II – Who IsAn Insured and no "employee" authorizedby you to give or receive notice of an"occurrence" or claim, knew that the "bodilyinjury" or "property damage" had occurred,in whole or in part. If such a listed insuredor authorized "employee" knew, prior to thepolicy period, that the "bodily injury" or"property damage" occurred, then anycontinuation, change or resumption of such"bodily injury" or "property damage" duringor after the policy period will be deemed tohave been known prior to the policy period.c. "Bodily injury" or "property damage" whichoccurs during the policy period and was not,prior to the policy period, known to haveoccurred by any insured listed underParagraph 1. of Section II – Who Is An Insuredor any "employee" authorized by you to give orreceive notice of an "occurrence" or claim,includes any continuation, change orresumption of that "bodily injury" or "propertydamage" after the end of the policy period.d. "Bodily injury" or "property damage" will bedeemed to have been known to have occurredat the earliest time when any insured listedunder Paragraph 1. of Section II – Who Is AnInsured or any "employee" authorized by youto give or receive notice of an "occurrence" orclaim:(1) Reports all, or any part, of the "bodily injury"or "property damage" to us or any otherinsurer;(2) Receives a written or verbal demand orclaim for damages because of the "bodilyinjury" or "property damage"; or(3) Becomes aware by any other means that"bodily injury" or "property damage" hasoccurred or has begun to occur.CG 00 01 12 04EPLMSAVarious provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is and is not covered.Throughout this policy the words "you" and "your"refer to the Named Insured shown in theDeclarations, and any other person or organizationqualifying as a Named Insured under this policy. Thewords "we", "us" and "our" refer to the companyproviding this insurance.The word "insured" means any person or organizationqualifying as such under Section II – Who Is AnInsured.Other words and phrases that appear in quotationmarks have special meaning. Refer to Section V –Definitions.SECTION I – COVERAGESCOVERAGE A BODILY INJURY AND PROPERTYDAMAGE LIABILITY1. Insuring Agreementa. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "bodily injury" or "property damage"to which this insurance applies. We will havethe right and duty to defend the insured againstany "suit" seeking those damages. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for "bodilyinjury" or "property damage" to which thisinsurance does not apply. We may, at ourdiscretion, investigate any "occurrence" andsettle any claim or "suit" that may result. But:(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; and(2) Our right and duty to defend ends when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A or B ormedical expenses under Coverage C.No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B. ISO Properties, Inc., 2003Page 1 of 15
c. Liquor Liability"Bodily injury" or "property damage" for whichany insured may be held liable by reason of:(1) Causing or contributing to the intoxication ofany person;(2) The furnishing of alcoholic beverages to aperson under the legal drinking age orunder the influence of alcohol; or(3) Any statute, ordinance or regulation relatingto the sale, gift, distribution or use ofalcoholic beverages.This exclusion applies only if you are in thebusiness of manufacturing, distributing, selling,serving or furnishing alcoholic beverages.d. Workers' Compensation And Similar LawsAny obligation of the insured under a ent compensation law or anysimilar law.e. Employer's Liability"Bodily injury" to:(1) An "employee" of the insured arising out ofand in the course of:(a) Employment by the insured; or(b) Performing duties related to the conductof the insured's business; or(2) The spouse, child, parent, brother or sisterof that "employee" as a consequence ofParagraph (1) above.This exclusion applies:(1) Whether the insured may be liable as anemployer or in any other capacity; and(2) To any obligation to share damages with orrepay someone else who must paydamages because of the injury.This exclusion does not apply to liabilityassumed by the insured under an "insuredcontract".EPLMSAe. Damages because of "bodily injury" includedamages claimed by any person ororganization for care, loss of services or deathresulting at any time from the "bodily injury".2. ExclusionsThis insurance does not apply to:a. Expected Or Intended Injury"Bodily injury" or "property damage" expectedor intended from the standpoint of the insured.This exclusion does not apply to "bodily injury"resulting from the use of reasonable force toprotect persons or property.b. Contractual Liability"Bodily injury" or "property damage" for whichthe insured is obligated to pay damages byreason of the assumption of liability in acontract or agreement. This exclusion does notapply to liability for damages:(1) That the insured would have in the absenceof the contract or agreement; or(2) Assumed in a contract or agreement that isan "insured contract", provided the "bodilyinjury" or "property damage" occurssubsequent to the execution of the contractor agreement. Solely for the purposes ofliability assumed in an "insured contract",reasonable attorney fees and necessarylitigation expenses incurred by or for a partyother than an insured are deemed to bedamages because of "bodily injury" or"property damage", provided:(a) Liability to such party for, or for the costof, that party's defense has also beenassumed in the same "insured contract";and(b) Such attorney fees and litigationexpenses are for defense of that partyagainst a civil or alternative disputeresolution proceeding in which damagesto which this insurance applies arealleged.Page 2 of 15 ISO Properties, Inc., 2003CG 00 01 12 04
(d) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly orindirectly on any insured's behalf areperforming operations if the "pollutants"are brought on or to the premises, siteor location in connection with suchoperations by such insured, contractororsubcontractor.However,thissubparagraph does not apply to:(i) "Bodily injury" or "property damage"arising out of the escape of fuels,lubricants or other operating fluidswhich are needed to perform thenormal electrical, hydraulic ormechanical functions necessary forthe operation of "mobile equipment"or its parts, if such fuels, lubricantsor other operating fluids escape froma vehicle part designed to hold, storeor receive them. This exception doesnot apply if the "bodily injury" or"property damage" arises out of theintentional discharge, dispersal orrelease of the fuels, lubricants orother operating fluids, or if suchfuels, lubricants or other operatingfluids are brought on or to thepremises, site or location with theintent that they be discharged,dispersed or released as part of theoperations being performed by suchinsured, contractor or subcontractor;(ii) "Bodily injury" or "property damage"sustained within a building andcaused by the release of gases,fumes or vapors from materialsbrought into that building inconnection with operations beingperformed by you or on your behalfby a contractor or subcontractor; or(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire".(e) At or from any premises, site or locationon which any insured or any contractorsor subcontractors working directly orindirectly on any insured's behalf areperforming operations if the operationsare to test for, monitor, clean up,remove, contain, treat, detoxify orneutralize, or in any way respond to, orassess the effects of, "pollutants".EPLMSAf. Pollution(1) "Bodily injury" or "property damage" arisingout of the actual, alleged or threateneddischarge, dispersal, seepage, migration,release or escape of "pollutants":(a) At or from any premises, site or locationwhich is or was at any time owned oroccupied by, or rented or loaned to, anyinsured. However, this subparagraphdoes not apply to:(i) "Bodily injury" if sustained within abuilding and caused by smoke,fumes, vapor or soot produced by ororiginating from equipment that isused to heat, cool or dehumidify thebuilding, or equipment that is used toheat water for personal use, by thebuilding's occupants or their guests;(ii) "Bodily injury" or "property damage"for which you may be held liable, ifyou are a contractor and the owneror lessee of such premises, site orlocation has been added to yourpolicy as an additional insured withrespect to your ongoing operationsperformed for that additional insuredat that premises, site or location andsuch premises, site or location is notand never was owned or occupiedby, or rented or loaned to, anyinsured, other than that additionalinsured; or(iii) "Bodily injury" or "property damage"arising out of heat, smoke or fumesfrom a "hostile fire";(b) At or from any premises, site or locationwhich is or was at any time used by orfor any insured or others for thehandling, storage, disposal, processingor treatment of waste;(c) Which are or were at any timetransported, handled, stored, treated,disposed of, or processed as waste byor for:(i) Any insured; or(ii) Any person or organization for whomyou may be legally responsible; orCG 00 01 12 04 ISO Properties, Inc., 2003Page 3 of 15
(5) "Bodily injury" or "property damage" arisingout of:(a) The operation of machinery orequipment that is attached to, or part of,a land vehicle that would qualify underthe definition of "mobile equipment" if itwere not subject to a compulsory orfinancial responsibility law or othermotor vehicle insurance law in the statewhere it is licensed or principallygaraged; or(b) the operation of any of the machinery orequipment listed in Paragraph f.(2) orf.(3) of the definition of "mobileequipment".h. Mobile Equipment"Bodily injury" or "property damage" arising outof:(1) The transportation of "mobile equipment" byan "auto" owned or operated by or rented orloaned to any insured; or(2) The use of "mobile equipment" in, or whilein practice for, or while being prepared for,any prearranged racing, speed, demolition,or stunting activity.i. War"Bodily injury" or "property damage", howevercaused, arising, directly or indirectly, out of:(1) War, including undeclared or civil war;(2) Warlike action by a military force, includingaction in hindering or defending against anactual or expected attack, by anygovernment, sovereign or other authorityusing military personnel or other agents; or(3) Insurrection, rebellion, revolution, usurpedpower, or action taken by governmentalauthority in hindering or defending againstany of these.j. Damage To Property"Property damage" to:(1) Property you own, rent, or occupy, includingany costs or expenses incurred by you, orany other person, organization or entity, forrepair,replacement,enhancement,restoration or maintenance of such propertyfor any reason, including prevention ofinjury to a person or damage to another'sproperty;(2) Premises you sell, give away or abandon, ifthe "property damage" arises out of anypart of those premises;(3) Property loaned to you;(4) Personal property in the care, custody orcontrol of the insured;Page 4 of 15EPLMSA(2) Any loss, cost or expense arising out ofany:(a) Request, demand, order or statutory orregulatory requirement that any insuredor others test for, monitor, clean up,remove, contain, treat, detoxify orneutralize, or in any way respond to, orassess the effects of, "pollutants"; or(b) Claim or "suit" by or on behalf of agovernmental authority for damagesbecause of testing for, monitoring,cleaning up, removing, containing,treating, detoxifying or neutralizing, or inany way responding to, or assessing theeffects of, "pollutants".However, this paragraph does not apply toliability for damages because of "propertydamage" that the insured would have in theabsence of such request, demand, order orstatutory or regulatory requirement, or suchclaim or "suit" by or on behalf of agovernmental authority.g. Aircraft, Auto Or Watercraft"Bodily injury" or "property damage" arising outof the ownership, maintenance, use orentrustment to others of any aircraft, "auto" orwatercraft owned or operated by or rented orloaned to any insured. Use includes operationand "loading or unloading".This exclusion applies even if the claimsagainst any insured allege negligence or otherwrongdoing in the supervision, hiring,employment, training or monitoring of others bythat insured, if the "occurrence" which causedthe "bodily injury" or "property damage"involved the ownership, maintenance, use orentrustment to others of any aircraft, "auto" orwatercraft that is owned or operated by orrented or loaned to any insured.This exclusion does not apply to:(1) A watercraft while ashore on premises youown or rent;(2) A watercraft you do not own that is:(a) Less than 26 feet long; and(b) Not being used to carry persons orproperty for a charge;(3) Parking an "auto" on, or on the ways nextto, premises you own or rent, provided the"auto" is not owned by or rented or loanedto you or the insured;(4) Liability assumed under any "insuredcontract" for the ownership, maintenance oruse of aircraft or watercraft; or ISO Properties, Inc., 2003CG 00 01 12 04
n. Recall Of Products, Work Or ImpairedPropertyDamages claimed for any loss, cost orexpense incurred by you or others for the lossof use, withdrawal, recall, inspection, repair,replacement, adjustment, removal or disposalof:(1) "Your product";(2) "Your work"; or(3) "Impaired property";if such product, work, or property is withdrawnor recalled from the market or from use by anyperson or organization because of a known orsuspected defect, deficiency, inadequacy ordangerous condition in it.o. Personal And Advertising Injury"Bodily injury" arising out of "personal andadvertising injury".p. Electronic DataDamages arising out of the loss of, loss of useof, damage to, corruption of, inability to access,or inability to manipulate electronic data.As used in this exclusion, electronic datameans information, facts or programs storedas or on, created or used on, or transmitted toor from computer software, including systemsand applications software, hard or floppy disks,CD-ROMS,tapes,drives, cells, dataprocessing devices or any other media whichare used with electronically controlledequipment.Exclusions c. through n. do not apply to damageby fire to premises while rented to you ortemporarily occupied by you with permission of theowner. A separate limit of insurance applies to thiscoverage as described in Section III – Limits OfInsurance.COVERAGE B PERSONAL AND ADVERTISINGINJURY LIABILITY1. Insuring Agreementa. We will pay those sums that the insuredbecomes legally obligated to pay as damagesbecause of "personal and advertising injury" towhich this insurance applies. We will have theright and duty to defend the insured againstany "suit" seeking those damages. However,we will have no duty to defend the insuredagainst any "suit" seeking damages for"personal and advertising injury" to which thisinsurance does not apply. We may, at ourdiscretion, investigate any offense and settleany claim or "suit" that may result. But:(1) The amount we will pay for damages islimited as described in Section III – LimitsOf Insurance; andCG 00 01 12 04EPLMSA(5) That particular part of real property onwhich you or any contractors orsubcontractors working directly or indirectlyon your behalf are performing operations, ifthe "property damage" arises out of thoseoperations; or(6) That particular part of any property thatmust be restored, repaired or replacedbecause "your work" was incorrectlyperformed on it.Paragraphs (1), (3) and (4) of this exclusion donot apply to "property damage" (other thandamage by fire) to premises, including thecontents of such premises, rented to you for aperiod of 7 or fewer consecutive days. Aseparate limit of insurance applies to DamageTo Premises Rented To You as described inSection III – Limits Of Insurance.Paragraph (2) of this exclusion does not applyif the premises are "your work" and were neveroccupied, rented or held for rental by you.Paragraphs (3), (4), (5) and (6) of thisexclusion do not apply to liability assumedunder a sidetrack agreement.Paragraph (6) of this exclusion does not applyto "property damage" included in the "productscompleted operations hazard".k. Damage To Your Product"Property damage" to "your product" arising outof it or any part of it.l. Damage To Your Work"Property damage" to "your work" arising out ofit or any part of it and included in the "productscompleted operations hazard".This exclusion does not apply if the damagedwork or the work out of which the damagearises was performed on your behalf by asubcontractor.m. Damage To Impaired Property Or PropertyNot Physically Injured"Property damage" to "impaired property" orproperty that has not been physically injured,arising out of:(1) A defect, deficiency, inadequacy ordangerous condition in "your product" or"your work"; or(2) A delay or failure by you or anyone actingon your behalf to perform a contract oragreement in accordance with its terms.This exclusion does not apply to the loss of useof other property arising out of sudden andaccidental physical injury to "your product" or"your work" after it has been put to its intendeduse. ISO Properties, Inc., 2003Page 5 of 15
g. Quality Or Performance Of Goods – FailureTo Conform To Statements"Personal and advertising injury" arising out ofthe failure of goods, products or services toconform with any statement of quality orperformance made in your "advertisement".h. Wrong Description Of Prices"Personal and advertising injury" arising out ofthe wrong description of the price of goods,products or services stated in your"advertisement".i. Infringement Of Copyright, Patent,Trademark Or Trade Secret"Personal and advertising injury" arising out ofthe infringement of copyright, patent,trademark, trade secret or other intellectualproperty rights.However, this exclusion does not apply toinfringement, in your "advertisement", ofcopyright, trade dress or slogan.j. Insureds In Media And Internet TypeBusinesses"Personal and advertising injury" committed byan insured whose business is:(1) Advertising, broadcasting, publishing ortelecasting;(2) Designing or determining content of websites for others; or(3) An Internet search, access, content orservice provider.However, this exclusion does not apply toParagraphs 14.a., b. and c. of "personal andadvertising injury" under the DefinitionsSection.For the purposes of this exclusion, the placingof frames, borders or links, or advertising, foryou or others anywhere on the Internet, is notby itself, considered the business ofadvertising, broadcasting, publishing ortelecasting.k. Electronic Chatrooms Or Bulletin Boards"Personal and advertising injury" arising out ofan electronic chatroom or bulletin board theinsured hosts, owns, or over which the insuredexercises control.l. Unauthorized Use Of Another's Name OrProduct"Personal and advertising injury" arising out ofthe unauthorized use of another's name orproduct in your e-mail address, domain nameor metatag, or any other similar tactics tomislead another's potential customers.Page 6 of 15EPLMSA(2) Our right and duty to defend end when wehave used up the applicable limit ofinsurance in the payment of judgments orsettlements under Coverages A or B ormedical expenses under Coverage C.No other obligation or liability to pay sums orperform acts or services is covered unlessexplicitly provided for under SupplementaryPayments – Coverages A and B.b. This insurance applies to "personal andadvertising injury" caused by an offense arisingout of your business but only if the offense wascommitted in the "coverage territory" during thepolicy period.2. ExclusionsThis insurance does not apply to:a. Knowing Violation Of Rights Of Another"Personal and advertising injury" caused by orat the direction of the insured with theknowledge that the act would violate the rightsof another and would inflict "personal andadvertising injury".b. Material Published With Knowledge OfFalsity"Personal and advertising injury" arising out oforal or written publication of material, if done byor at the direction of the insured withknowledge of its falsity.c. Material Published Prior To Policy Period"Personal and advertising injury" arising out oforal or written publication of material whosefirst publication took place before the beginningof the policy period.d. Criminal Acts"Personal and advertising injury" arising out ofa criminal act committed by or at the directionof the insured.e. Contractual Liability"Personal and advertising injury" for which theinsured has assumed liability in a contract oragreement. This exclusion does not apply toliability for damages that the insured wouldhave in the absence of the contract oragreement.f. Breach Of Contract"Personal and advertising injury" arising out ofa breach of contract, except an impliedcontr
Limited Liability Company _ Organization, including a corporation (but not including a partnership, joint venture or limited liability company) X Retroactive Date (CG0002 Only) Coverage A of this insurance does not apply to "bodily injury" or "property damage" which occurs before the Retroactive Date, if any, shown below:
