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HomeMy WebLinkAboutInsurance Certificate: Northstar Chemical Inc a y i IL.• /ORII..d4.s! i • NOR THCHE10 Ac ® DATE 7/23/2019 V CERTIFICATE OF LIABILITY INSURANCE 7/z3/zols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: I Commercial Lines-(628)201-9001 PHONE FAX INC.No.Exti: 628.201.9001 (A/c,No): 610.537.2393 USI Insurance Services LLC-CA Lid#:OD08408 E-MAIL ADDRESS: certificateswt @usi.com 201 Mission St,11th Floor INSURER(S)AFFORDING COVERAGE NAIC• San Francisco,CA 94105 INSURERA: Aspen Specialty Insurance Co 10717 INSURED INSURER B: XL Specialty Insurance Company 37885 Northstar Chemical Inc. INSURER C: SAIF Corporation 36196 14200 S.W.Tualatin-Sherwood Rd. INSURER D: I INSURER E: I_ Sherwood,OR 97140 INSURER F COVERAGES CERTIFICATE NUMBER: 14440430 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL.LIABILITY X ERAEJRW19 07/01/2019 07/01/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300000 PREMISES(Ea occurrence) $ _ X Pollution Included(Claims Made) MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 ■ ■ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0_ POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILELIABILITY X AEC0050135-02 07/01/201 9 07/01/2020 (E BcIciidentSINGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) x MCS 90 x $5,000 Ded $ A x UMBRELLA LIAB X OCCUR EXAEJRX19 07/01/2019 07/01/2020 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ C WORKERS EMPLOYERS'COMPENSATION 976980(OR) 07/01/2019 07/01/2020 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ( ) ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1.000.000 If yes.describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) City of Ashland is named as additional insured as it relates to general liability and auto liability in accordance with the terms and conditions of the policy. The above coverage is primary and non-contributory where required by written contract.Umbrella follows form as it relates to additional insureds. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE y�/ / U/x""42--r.";—, :47(— I U// The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) )Ti us cerOficate replaces certificate#14396965 issued on 7)12019) • • Named Insured:Northstar Chemical Inc. Policy Number:ERAEJRW19 Policy Term: 07/01/2019 to 07/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — PRIMARY AND NON-CONTRIBUTORY • It is hereby agreed that the Policy is amended as follows solely as respects Coverage Section 1. , Coverage 1A(Bodily Injury and Properly Damage)and Coverage 1B(Personal and Advertising Injury): SCHEDULE Name of Person or Organization: - Blanket Where Required By Written Contract (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The persons or organizations shown In the Schedule above are insureds under§Ill.WHO IS AN INSURED, paragraph F. of this Policy subject to all the terms and conditions of that paragraph. . With respect to the persons or organizations shown in the Schedule above, this Policy shall be primary and non-contributory with any other valid and collectible insurance available to such persons or organizations. All other terms and conditions of this Policy remain unchanged. • • • • • ASPER219 0313 Page 1 of 1 • • POLICY NUMBER: AEC0050135-02 XIC 411 1013 ENDORSEMENT This endorsement, effective 12:01 a.m.,July 1, 2019 forms a part of Policy No.AEC0050135 issued to NORTHSTAR CHEMICAL COMPANY, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, Is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury' or"property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You,while using a covered "auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage"for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions,Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. GRIE 08/14/2017 COMMERCIAL AUTO Policy Number:AEC0050135-02 CA 04 49 1116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 1116 ©Insurance Services Office, Inc., 2016 Page 1 of 1 Insured: Northstar Chemical, Inc. Policy #ERAEJRW19 Policy term: 7/1/19-20 b. Entitled to indemnity from the United States of America or any agency thereof; or c. An insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of limits. 12. Owned Facilities Arising out of any location or facility that is or was owned, occupied, operated by or rented or leased to you or any entity that: (i) has any ownership interest or operates, manages or otherwise controls you; or (ii) in which you have any ownership interest or which you operate, manage or otherwise control. 13. Personal and Advertising Injury Arising out of personal and advertising injury. 14. Previously Reported Claim Arising out of the same wrongful act or related, continuous or repeated wrongful acts that were the subject of a claim reported under any policy of which this is a renewal or replacement or which it may succeed in time, whether or not such prior policy affords coverage for such claim. 15. Warranties Arising out of express warranties or guarantees. This exclusion shall not apply if liability would have resulted in the absence of such express warranties and guarantees. 16. Your Product Arising out of your product. III. LIMITS OF LIABILITY AND DEDUCTIBLE A. LIMITS OF LIABILITY 1. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay under this Policy regardless of the number of insureds, claimants, offenses, claims, suits, occurrences, crisis events, pollution incidents, or wrongful acts. 2. General Aggregate Limit The General Aggregate Limit set forth in Item 7.(a) of the Declarations is the most we will pay for the sum of all loss under all Coverages of this Policy, except for: (i) Supplementary Payments under COVERAGE 1. and COVERAGE 2.; and (ii) damages because of bodily injury, property damage, or environmental damage included in the products-completed operations hazard under COVERAGE 1.a. (Bodily Injury and Property Damage), COVERAGE 2.b. (Products Pollution), and COVERAGE 2.d. (Contractors Pollution). The General Aggregate Limit applies separately to: a. Damages covered under COVERAGE 1.a. (Bodily Injury and Property Damage) and COVERAGE 2.d. (Contractors Pollution) arising out of your work at any one construction project; and b. Damages covered under COVERAGE 1.a.(Bodily Injury and Property Damage), COVERAGE 2.a. (Hostile Fire & Building Equipment) and COVERAGE 2.e. (Site Time-Element Bodily Injury and Property Damage) arising out of on-going operations at any one location. ASPENV108 0917 Page 17 of 36 2017©Aspen Insurance U.S. Services Inc. All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission 1 Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit set fOrth in Item 7.(b) of the Declarations is the most we will pay under COVERAGE 1.a. (Bodily Injury and Property Damage), COVERAGE 2.b. (Products Pollution), and COVERAGE 2.d. (Contractors Pollution)for all damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard. 4. Each Occurrence Limit Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit set forth in Item 6. of the Declarations is the most we will pay for the sum of all damages under COVERAGE 1.a (Bodily Injury and Property Damage) and medical expenses under COVERAGE 1.c. (Medical Payments) because of all bodily injury and property damage arising out of any one occurrence or related, continuous or repeated occurrences. 5. Personal and Advertising Injury Limit Subject to Paragraph 2 above, the Personal and Advertising Injury Limit set forth in Item 6. of the Declarations is the most we will pay under COVERAGE 1.b.(Personal and Advertising Injury) for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 6. Damage To Premises Rented To You Limit of Liability Subject to Paragraph 4. above, the Damage To Premises Rented To You Limit of Liability set forth in Item 6 of the Declarations is the most we will pay under COVERAGE 1.a. (Bodily Injury and Property Damage)for all damages because of property damage to any one premises, while rented to you, or in the case of damage by fire, lightening, or explosion while rented to you or temporarily occupied by you with permission of the owner. 7. Medical Expense Limit Subject to Paragraph 4. above, the Medical Expense Limit of Liability set forth in Item 6. of the Declarations is the most we will pay under COVERAGE 1.c. (Medical Payments) for all medical expenses because of bodily injury sustained by any one person. 8. Employee Benefits Administration Limit Subject to Paragraph 2. above, the Employee Benefits Administration Limit of Liability stated in Item 6. of the Declarations is the most we will pay under COVERAGE 1.d. (Employee Benefits Administration Liability) for all damages sustained by any one employee, including damages sustained by such employee's dependents and beneficiaries, arising out of any one wrongful act or related, continuous or repeated wrongful acts. However, the amount paid under this Policy shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. 9. Each Pollution Incident Limit—Coverages 2a-2f Subject to Paragraph 2. above, the General Pollution Liability— Each Pollution Incident Limit set forth in Item 6. of the Declarations is the most we will pay for all damages under COVERAGES 2.a through 2.f. (General Pollution Liability ) because of all bodily injury, property damage, environmental damage and emergency response cost arising out of any one pollution incident or related, continuous or repeated pollution incidents. 10. Crisis Cost Limit The most we will pay for all crisis cost covered under this Policy is the Crisis Cost Limit of Liability set forth in Item 6. of the Declarations. Crisis cost does not erode any other Limit of Liability set forth in Item 6 of the Declarations. ASPENV108 0917 Page 18 of 36 2017©Aspen Insurance U.S. Services Inc. All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission 11. Each Pollution Incident Limit—Coverage 3 Subject to Paragraph 2. above, the Site Pollution Incident- Each Pollution Incident Limit set forth in Item 6. of the Declarations is the most we will pay for all loss under COVERAGE 3. (Site Pollution Incident Liability) arising out of any one pollution incident or related, continuous or repeated pollution incidents. 12. Each Wrongful Act Limit Subject to Paragraph 2. above, the Each Wrongful Act Lim't set forth in Item 6. of the Declarations is the most we will pay for all loss under COVERAGE 4. (Professional Liability) arising out of any one wrongful act or related, continuous or repeated wrongful acts. 13. Multiple Coverage Sections Subject to Paragraph 2. or 3. above, whichever applies, the highest applicable Each Occurrence Limit, Each Pollution Incident Limit or Each Wrongful Act Limit set forti in Item 6. of the Declarations is the most we will pay for the sum of all loss under all Coverages arising out of: a. Any one occurrence, pollution incident or wrongful act; b. Related, continuous or repeated occurrences, pollution incidents or wrongful acts; or c. Any combination of a. and b. The Limits of Liability apply to the entire policy period. Any extension of the policy period that occurs after the inception date shall be deemed part of the preceding period for the purposes of determining the applicable Limits of Liability. B. DEDUCTIBLE The Limits of Liability apply in excess of the applicable Deductittile amounts set forth in Item 6. of the Declarations. A separate Deductible will apply to: 1. Each occurrence, pollution incident or wrongful act; 2. Related, continuous or repeated occurrences, pollution incidents or wrongful acts; or 3. Any combination of 1. and 2. For COVERAGE 1.b. (Personal and Advertising Injury), the Deductible applies to all personal and advertising injury sustained by any one person or organization. For COVERAGE 3. (Site Pollution Incident Liability coverages) and COVERAGE 4 (Professional Liability), the Deductible includes legal expense. If the same, related, continuous or repeated occurrence, pollution incident or wrongful act results in application of more than one Coverage, only the highest applicable Deductible shall apply. We will have no duty to make any payment under this Policy until you pay the applicable Deductible. We may, but are not obligated to, advance amounts for loss within the Deductible. Upon our request, you will promptly reimburse us for any amounts within the Deductible that we have advanced. C. MULTIPLE POLICIES, POLICY PERIODS—COVERAGE 1.AND COVERAGE 2. 1. If there is progressive or indivisible bodily injury, property damage or environmental damage (including any continuation, change or resumption thereof) that takes place over a period of days, weeks, months or longer and is caused by continuous or repeated exposure to the same, related, continuous or repeated general harmful conditions or substances under COVERAGE 1.a ( Bodily Injury and Property Damage) or pollution incident(s) under COVERAGE 2.a. through 2.g.(General Pollution Liability coverages): ASPENV108 0917 Page 19 of 36 2017©Aspen Insurance U.S. Services Inc. All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission IV. WHO IS AN INSURED A. If you are designated in the Declarations as: 1. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your busin 3SS. 3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insured:;, but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture or imited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 5. A trust, you are an insured. Your trustees are also insureds, but only respect res ect to their duties as trustees. B. With respect to all coverages other than COVERAGE 1.d. (Eiiployee Benefits Administration Liability), each of the following is also an insured: 1. Your volunteer workers, but only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: a. Bodily injury or personal and advertising injury: (i) To you, to your partners or members (if you are E partnership or joint venture), to your members (if you are a limited liability company); (ii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in (a)(i)above; or (iii)Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. b. Property damage to property: (i) Owned, occupied or used by; or (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; You, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member(if you are a limited liability company). 2. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property if you die, but only: a. With respect to liability arising out of the maintenance cr use of that property; and b. Until your legal representative has been appointed. ASPENV108 0917 Page 21 of 36 2017©Aspen Insurance U.S. Services Inc. All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission 4. Your legal representative if you die, but only with respect o duties as such. That representative will have all your rights and duties under this policy. C. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception date is a Named Insured. D. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and 2. Coverage under this Policy does not apply to any bodily injury, property damage, offense environmental damage, wrongful act or crisis event that occurred before you acquired or formed the organization. E. Solely with respect to COVERGAE 1.d (Employee Benefits Acministration Liability), each of the following is also an insured: 1. Each of your employees who is or was authorized to administer your employee benefits program. 2. Any persons, organizations or employees having proper temporary authorization to administer your employee benefits program if you die, but only until your regal representative is appointed. 3. Your legal representative if you die, but only with respect ':o duties as such. That representative will have all your rights and duties as such. That representative will hav3 all your rights and duties under this Policy. IF. k■ny person or organization with whom you agree to include as an insured pursuant to a written contract, agreement or permit is an insured, but: (i) only with respect to bodily injury, property damage, environmental damage, personal and advertising injury, emergency response cost, or crisis cost: (a) caused, in whole or in part, by your acts or omissions or the acts or omissions cf those acting on your behalf, arising out of your operations or your work, (b) arising out of equipment or premises leased or rented by you, (c)arising out or your products which are distributed or sold in the regular course of a vendor's business; and (ii) only for the lesser of the applicable limits of liability set forth in § Ill. of the Policy or the minimum limits of liability required by the insured contract; however: 1. A vendor is not an insured as respects bodily injury, property damage, environmental damage, emergency response cost, crisis cost or personal and advertising injury: a. For which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; b. Arising out of any express warranty unauthorized by you; c. Arising out of any physical or chemical change in the product made intentionally by the vendor; d. Arising out of repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; e. Arising out of any failure to make inspections,g y p ns, adtustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Arising out of demonstration, installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; or g. Arising out of products which, after distribution or sale by you, have been labelled or relabelled or used as a container, part or ingredient of any other thing or substance by or for the vendor. ASPENV108 0917 Page 22 of 36 2017©Aspen Insurance U.S. Services Inc. All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission 2. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage environmental damage, emergency response cost, crisis cost or personal and advertising injury: a. Arising out of any occurrence, offense or pollution incident that takes place after the equipment lease expires or you cease to be a tenant; or b. Arising out of structural alterations, new construction c r demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver. G. Any person or organization that has at least a 50% controlling interest in the first Named Insured is an insured but only with respect to bodily injury, property damage, environmental damage or personal and advertising injury arising out of their financial control of the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. V. RIGHTS AND DUTIES OF THE INSURER AND THE INSURED A. Your Duties in the Event of an Occurrence, Offense, Pollution Incident or Wrongful Act You must notify us as soon as practicable of any occurrence, offense, pollution incident, or wrongful act, whether or not you have received a claim or suit. To the extern possible, such notice should include: 1. How, when and where the occurrence, offense, pollution incident or wrongful act took place; 2. The names and addresses of any injured persons and witnesses; and 3. The nature and location of any injury or damage arising out of the occurrence, offense, pollution incident or wrongful act. 1 Notice of an occurrence, offense, pollution incident or wrongful act is not notice of a claim. Knowledge of an occurrence, offense, pollution incident or wrongful act by E ny of your agents, servants or employees, or any other person shall not it itself constitute knowledge by you unless a responsible executive or a manager or equivalent level employee in your Risk Management, Insurance or Law Department possesses such knowledge. If you mistakenly notify another insurer rather than us of an occurrence, offense, pollution incident or wrongful act, such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the occurrence, offense, pollution incident or wrongful act within a reasonable time after you become aware of such error. B. Your Duties in the Event of a Claim or Suit If a claim is made or suit is brought against any insured, you must: 1. Immediately record the specifics of the claim or suit and the date received; 2. Notify us as soon as practicable; 3. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; 4. Authorize us to obtain records and other information; 5. Cooperate with us in the investigation or settlement of the claim or defense against the suit; and 6. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy may also apply. ASPENV108 0917 Page 23 of 36 2017©Aspen Insurance U.S. Services Inc. All rights reserved. Includes copyrighted material of ISO Properties, Inc. used with permission