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* S9 * 06/11/2021 * GLP 3961460 00 GREAT AMERICAN ASSURANCE COMPANY <br />*D/B* 072977484 262428 <br />ligent, reckless, knowing, intentional, <br />fraudulent, oppressive, malicious, or oth- <br />erwise. <br />2. "Auto" means a land motor vehicle, mobile <br />equipment, trailer, or semi trailer, including any <br />attached or towed machinery or equipment. <br />3. "Coverage territory" means: <br />a. the United States of America (including its <br />territories and possessions), Puerto Rico <br />and Canada; <br />7. "Fungi" means any type or form of fungus, <br />including mold or mildew and any mycotoxin, <br />spore, scent, or byproduct produced or re- <br />leased by any fungus or by the death or decay <br />of any fungus. <br />8. "Leased worker" means a person leased to <br />you by a labor leasing firm under an agree- <br />ment between you and the labor leasing firm, <br />to perform duties related to the conduct of <br />your business. "Leased worker" does not in- <br />clude a "temporary worker." <br />b. international waters or airspace, provided 9. "Pollutant" means any solid, liquid, gaseous, <br />the injury or damage does not occur in the or thermal irritant or contaminant, including <br />course of travel or transportation to or smoke, vapor, soot, fumes, acids, alkalis, <br />from any place not included in paragraph chemicals, and waste. Waste includes materi- <br />a. above. als to be recycled, reconditioned, or re- <br />claimed. <br />c. all parts of the world if: <br />(1) the injury or damages arise out of the <br />activities of a person whose home is <br />in the territory described in paragraph <br />a. above, but is away for a short time <br />on your business; and <br />(2) the Insured's responsibility to pay <br />damages is determined in a "suit" on <br />the merits, in the territory described in <br />paragraph a. above or in a settlement <br />we agree to. <br />4. "Damages" means money damages awarded <br />to compensate for harm, except those as to <br />which applicable law prohibits liability insur- <br />ance. "Damages" does not include the cost of <br />complying with injunctive relief, declaratory <br />relief, or other equitable actions; fines, penal- <br />ties, punitive damages, exemplary damages, or <br />any multiplied or enhanced damages; fees, de- <br />posits, or commissions; charges for goods or <br />services, or the return, disgorgement, or re- <br />imbursement of such charges; or awards of <br />attorneys' fees, attorneys' expenses, or other <br />costs of making a claim or bringing a "suit." <br />5. "Employee" includes a "leased worker." "Em- <br />ployee" does not include a "temporary work- <br />er." <br />6. "Executive officer" means a person holding <br />any of the officer positions created by your <br />charter, constitution, by-laws or any other <br />similar governing document. <br />10. "Suit" means a civil proceeding in which <br />"damages" to which this coverage applies are <br />alleged. "Suit" includes: <br />a. an arbitration proceeding in which such <br />"damages" are claimed and to which you <br />must submit or do submit with our con- <br />sent; or <br />b. any other alternative dispute resolution <br />proceeding in which such "damages" are <br />claimed and to which you must submit or <br />do submit with our consent. <br />"Suit" does not include any administrative <br />hearing, investigation, licensure proceeding, <br />enforcement proceeding, or any similar pro- <br />ceeding by any federal, state, or local gov- <br />ernmental, administrative, or regulatory agen- <br />cy. <br />11. "Temporary worker" means a person who is <br />furnished to you to substitute for a permanent <br />"employee" on leave or to meet seasonal or <br />short-term workload conditions. <br />12. "Volunteer worker" means a person who is <br />not your "employee" and who donates his or <br />her work and acts at the direction of and <br />within the scope of duties determined by you, <br />and is not paid a fee, salary, or other com- <br />pensation by you or anyone else for their <br />work performed for you. <br />CG 85 65 (Ed. 01/12) (Page 10 of 10) <br />HortaN <br />3 z <br />a <br />RiskMmaganedDMsian <br />REVIEWED & APPROVED BY.- <br />PZ. V <br />Risk Management Analyst <br />