|
SSI GL 01 01 0123 Page 4 of 29
<br />l. Damage to Impaired Property or Property Not
<br />Physically Injured
<br />“Property damage” to “impaired property” or property
<br />that has not been physically injured, arising out of:
<br />(1) A defect, inadequacy or dangerous condition in
<br />“your product” or “your work”; or
<br />(2) A delay or failure by you or anyone acting on your
<br />behalf to perform a contract or agreement in
<br />accordance with its terms.
<br />
<br />m. Recall of Products, Work or Impaired Property
<br />“Damages” claimed for any loss, cost or expense
<br />incurred by you or others for the loss of use,
<br />withdrawal, recall, inspection, repair, replacement,
<br />adjustment, removal or disposal of:
<br />(1) “Your product”;
<br />(2) “Your work”;
<br />(3) “Impaired property”;
<br />
<br />if such product, work or property is withdrawn or
<br />recalled from the market or from use by any person or
<br />organization because of a known or suspected defect,
<br />deficiency, inadequacy, or dangerous condition in it.
<br />
<br />n. Personal and Advertising Injury
<br />“Bodily injury” or “property damage” arising out of
<br />“personal and advertising injury”.
<br />
<br />o. Subsidence, Movement, or Vibration of Land
<br />“Bodily injury” or “property damage” arising out of,
<br />resulting from, caused by, contributed to by, or,in any
<br />way involving, in whole or in part, to the subsidence,
<br />movement, or vibration of land or soil, including, but
<br />not limited to, earthquake, landslide, cave-in, collapse,
<br />loss of lateral support, failure, erosion, mud flow, sink
<br />hole, change in level of the soil, or any sinking, rising,
<br />settling, cracking, shifting, vibration, expansion or
<br />contraction of the earth or soil, or any other movement
<br />of earth by whatever cause. There is no coverage for
<br />any “claim”, “suit”, or “occurrence”, arising or
<br />involving in whole or in part any actual or alleged
<br />subsidence, movement, or vibration of land or soil
<br />regardless of any other cause or event (natural or man-
<br />caused) contributing or concurring, in any sequence,
<br />to the loss, liability, or damages. This exclusion
<br />applies whether or not the subsidence, movement or
<br />vibration occurs in conjunction with any other cause.
<br />
<br />This exclusion applies:
<br />(1) To any earth movement, subsidence, or vibration,
<br />including but not limited to, any defects in
<br />materials, construction methods, negligence in
<br />performance, design, construction, selection of
<br />materials or any other activity which is alleged to
<br />have caused the earth movement solely, jointly,
<br />concurrently or in any other sequence the earth
<br />movement;
<br />(2) To any “claim”, “suit”, proceeding or expense
<br />associated with the prevention, mitigation or
<br />repair of any earth movement or vibration; and
<br />(3) To any “claim”, “suit” or proceeding alleging
<br />earth movement or vibration regardless of
<br />whether or not any insured performed grading or
<br />other service related to the movement of earth or
<br />vibration.
<br />
<br />Notwithstanding the broad scope of this exclusion,
<br />where a “suit” is based in whole or in part upon bodily
<br />injury or property damage that is excluded by this
<br />exclusion, we shall have the right, but not the
<br />obligation, to defend any insured in connection with
<br />the “claim” or “suit”.
<br />
<br />p. School or Recreational Facility
<br />“Bodily injury” or “property damage” arising directly
<br />or indirectly out of “your work” or “your product” that
<br />is performed, provided, incorporated on or into, or
<br />connected in any way, with any school, any
<br />building(s) utilized as a school, playground,
<br />playground equipment, sports field, park, or
<br />recreational facility.
<br />
<br />For purposes of this exclusion, the word “school” shall
<br />include all types and levels of schools, including, but
<br />not limited to daycare, pre-school, grade school, junior
<br />high, high school, college, and trade schools, trade
<br />classes, and/or seminars. For purposes of this
<br />exclusion, the word “recreational facility” shall
<br />include any facility or areas used for the purpose of
<br />fitness, playground, athletics, sports, spa, recreational
<br />activities, games, exercise, and/or related instruction.
<br />
<br />q. Deleterious Substances
<br />“Bodily injury” or “property damage” arising out of,
<br />resulting from, caused by, contributed to by, alleged to
<br />be, or in any way involving, in whole or in part, the
<br />discharge, dispersal, release, escape, disposal,
<br />existence, presence, handling, ingestion, inhalation,
<br />installation, sale, distribution, encapsulation, storage,
<br />transportation, use or removal of, or exposure to any
<br />“deleterious substance”.
<br />
<br />(1) For purposes of this exclusion, “deleterious
<br />substance” shall be defined to include but is not
<br />limited to:
<br />(i) Mold. Mold means any permanent or
<br />transient fungus, mold, mildew or
<br />mycotoxin, or any of the spores, scents, or
<br />by-products resulting therefrom that exist,
<br />emanate from or move anywhere indoors or
<br />outdoors, regardless of whether they are
<br />proved to cause disease, injury, or damage;
<br />(ii) Chromated Copper Arsenate (“CCA”)
<br />whether or not the CCA is in its pure form or
<br />combined with other products, chemical or
<br />materials, whether or not the CCA is alleged
<br />Docusign Envelope ID: C32ED128-E8C0-4517-B42B-471D21968944
|