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BUSINESS LIABILITY COVERAGE FORM <br />(b) "Bodily injury" or "property damage" <br />assumed in a contract or agreement <br />that is an "insured contract", <br />provided the "bodily injury" or <br />"property damage" occurs <br />subsequent to the execution of the <br />contract or agreement. Solely for <br />the purpose of liability assumed in <br />an "insured contract", reasonable <br />attorneys' fees and necessary <br />litigation expenses incurred by or for <br />a party other than an insured are <br />deemed to be damages because of <br />"bodily injury" or "property damage" <br />provided: <br />(1) Liability to such party for, or for <br />the cost of, that party's defense <br />has also been assumed in the <br />same "insured contract", and <br />(ii) Such attorneys' fees and <br />litigation expenses are for <br />defense of that party against a <br />civil or alternative dispute <br />resolution proceeding in which <br />damages to which this <br />insurance applies are alleged. <br />c. Liquor Liability <br />"Bodily injury" or "property damage" for <br />which any insured may be held liable by <br />reason of: <br />(1) Causing or contributing to the <br />intoxication of any person; <br />(2) The furnishing of alcoholic beverages to <br />a person under the legal drinking age or <br />under the influence of alcohol; or <br />(3) Any statute, ordinance or regulation <br />relating to the sale, gift, distribution or <br />use of alcoholic beverages. <br />This exclusion applies only if you are in the <br />business of manufacturing, distributing, <br />selling, serving or furnishing alcoholic <br />beverages. <br />d. Workers' Compensation And Similar <br />Laws <br />Any obligation of the insured under a <br />workers' compensation, disability benefits <br />or unemployment compensation law or <br />any similar law. <br />e. Employer's Liability <br />"Bodily injury" to: <br />(1) An "employee" of the insured arising <br />out of and in the course of: <br />(a) Employment by the insured; or <br />(b) Performing duties related to the <br />conduct of the insured's business, or <br />(2) The spouse, child, parent, brother or <br />sister of that "employee" as a <br />consequence of (1) above. <br />This exclusion applies: <br />(1) Whether the insured may be liable as <br />an employer or in any other capacity; <br />and <br />(2) To any obligation to share damages <br />with or repay someone else who must <br />pay damages because of the injury. <br />This exclusion does not apply to liability <br />assumed by the insured under an "insured <br />contract". <br />f. Pollution <br />(1) "Bodily injury", "property damage" or <br />"personal and advertising injury" <br />arising out of the actual, alleged or <br />threatened discharge, dispersal, <br />seepage, migration, release or escape <br />of "pollutants": <br />(a) At or from any premises, site or <br />location which is or was at any <br />time owned or occupied by, or <br />rented or loaned to any insured. <br />However, this subparagraph does <br />not apply to: <br />(1) "Bodily injury" if sustained within <br />a building and caused by <br />smoke, fumes, vapor or soot <br />produced by or originating from <br />equipment that is used to heat, <br />cool or dehumidify the building, <br />or equipment that is used to <br />heat water for personal use, by <br />the building's occupants or their <br />guests; <br />(ii) "Bodily injury" or "property <br />damage" for which you may be <br />held liable, if you are a <br />contractor and the owner or <br />lessee of such premises, site or <br />location has been added to your <br />policy as an additional insured <br />with respect to your ongoing <br />operations performed for that <br />additional insured at that <br />premises, site or location and <br />such premises, site or location <br />is not and never was owned or <br />occupied by, or rented or <br />loaned to, any insured, other <br />than that additional insured; or <br />Page 4 of 24 <br />9 <br />Form SS 00 08 04 05 <br />