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SSI GL 01 01 0123 Page 12 of 29
<br />II. COMMON POLICY EXCLUSIONS
<br />
<br />The following exclusions apply equally to Coverage A
<br />and Coverage B:
<br />This insurance does not apply to:
<br />
<br />a. Breach of Contract/Contractual Liability
<br />“Bodily injury”, “property damage”, or personal
<br />injury or advertising injury” arising, directly or
<br />indirectly, out of the actual or alleged breach of
<br />any contract or agreement or for which any
<br />insured is obligated to pay “damages” (including
<br />attorneys' fees and costs) by reason of the
<br />assumption of liability in a contract or agreement.
<br />This exclusion does not apply to liability for
<br />“damages”:
<br />(1) That the insured would have in the absence of the
<br />contract or agreement; or
<br />(2) Assumed in a contract or agreement that is an
<br />“insured contract”, provided the “occurrence” and
<br />the “bodily injury” or “property damage”
<br />resulting therefrom take place subsequent to the
<br />execution of the contract or agreement. Solely for
<br />the purposes of liability assumed in an “insured
<br />contract”, reasonable attorney fees and litigation
<br />expenses incurred by or for a party other than an
<br />insured, if otherwise covered under this policy,
<br />are deemed to be “damages” for “bodily injury”
<br />or “property damage” under this policy, provided
<br />that:
<br />(i) Liability to such party for, or the cost of that
<br />party's defense, has also been assumed in the
<br />same “insured contract”, and
<br />(ii) such attorney fees and litigation expenses are
<br />for the defense of that party against a “claim”
<br />or “suit” in which “damages” to which this
<br />insurance applies are alleged.
<br />
<br />b. Employer’s Liability
<br />Notwithstanding the provisions of Section V
<br />Commercial General Liability Conditions,
<br />Paragraph 7, Separation of Insureds:
<br />(1) “Bodily Injury”, “property damage”, or
<br />“advertising injury” to any “employee” of any
<br />insured or the “employee” of any contractor or
<br />subcontractor working or providing materials or
<br />services directly or indirectly on any insured’s
<br />behalf arising out of and in the course of:
<br />(i) employment by the insured; or
<br />(ii) performing duties related to the conduct of
<br />the insured’s business or the business of any
<br />contractor or subcontractor working directly
<br />or indirectly on the insured’s behalf.
<br />(2) The spouse, child, parent or sibling of that
<br />“employee” as a consequence of Paragraph (1)
<br />above.
<br />This exclusion applies:
<br />(i) Whether the insured may be liable as an
<br />employer or in any other capacity; and
<br />(ii) To any obligation to share damages with or
<br />repay someone else who must pay damages
<br />because of the injury.
<br />
<br />c. Pollution
<br />(1) “Bodily injury”, “property damage” or “personal
<br />and advertising injury” which would not have
<br />occurred in whole or in part but for the actual,
<br />alleged or threatened discharge, dispersal,
<br />seepage, migration, release, presence, discovery
<br />or escape of “pollutants” at any time.
<br />This exclusion shall apply regardless of whether:
<br />(i) the actual, alleged or threatened discharge,
<br />dispersal, seepage, migration, release,
<br />presence, discovery or escape of “pollutants”
<br />occurs outside, indoors, or within a structure,
<br />building, or confined or enclosed space;
<br />(ii) the injury or damage is or is alleged to be
<br />sustained within a building and arises out of
<br />the release of gases, fumes, chemicals or
<br />vapors from materials brought into that
<br />building in connection with operations being
<br />performed by you or on your behalf by a
<br />contractor or subcontractor;
<br />(iii) the injury or damage is or is alleged to be
<br />sustained within a building and arises out of
<br />smoke, fumes, vapors, dust, or soot produced,
<br />circulated, or originating from equipment
<br />that is used to heat, cool, ventilate, humidify
<br />or dehumidify the building or structure, or
<br />equipment that is used to heat water for
<br />personal use, by the building’s occupants or
<br />their guests;
<br />(iv) the injury or damage is or is alleged to be at
<br />or from any premises, site or location which
<br />is or was at any time used by or for any
<br />insured or others for the handling, storage,
<br />disposal, processing or treatment of waste; or
<br />(v) the injury or damage is or is alleged to arise
<br />from materials or equipment which are or
<br />were at any time transported, handled, stored,
<br />treated, disposed of, or processed as waste by
<br />or for any insured, or any person or
<br />organization for whom you may be legally
<br />responsible.
<br />(2) To any loss, cost or expense arising out of any:
<br />(i) Request, demand, order or requirement that
<br />any insured or others test for, monitor, clean
<br />up, remove, contain, treat, detoxify or
<br />neutralize, or in any way respond to or assess
<br />the effects of any “pollutants” in any form
<br />whatsoever; and/or
<br />(ii) Any “claim” or “suit” seeking, involving or
<br />arising from any testing for, monitoring,
<br />cleaning up, removing, containing, treating,
<br />detoxifying or neutralizing, or in any way
<br />responding to, or assessing the effects of any
<br />“pollutants” in any form whatsoever.
<br />
<br />Docusign Envelope ID: C32ED128-E8C0-4517-B42B-471D21968944
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