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COMMERCIAL GENERAL LIABILITY <br />THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br />EXCLUSION - PRE-EXISTING DAMAGES OR INJURY <br />This endorsement modifies insurance provided under the following: <br />COMMERCIAL GENERAL LIABILITY COVERAGE PART <br />SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY <br />paragraph 1. Insuring Agreement is replaced by the following: <br />1. Insuring Agreement <br />a. We will pay those sums that the insured becomes legally obligated to pay as damages because of <br />"bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to <br />defend the insured against any "suit" seeking those damages. However, we will have no duty to defend <br />the Insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this <br />insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim <br />or "suit" that may result. But: <br />(1) The amount we will pay for damages is limited as described In Section III — Limits Of Insurance; <br />and <br />(2) Our right and duty to defend ends when we have used up the applicable limit of Insurance in the <br />payment of judgments or settlements under Coverages A or B or medical expenses under <br />Coverage C. <br />No other obligation or liability to pay sums or perform acts or services is covered unless explicitly <br />provided for under Supplementary Payments — Coverages A and B. <br />b. This coverage part applies to "bodily injury" and "property damage" only if: <br />(1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the <br />"coverage territory"; <br />(2) The outset of the "bodily injury" or "property damage" takes place during the policy period; <br />(3) Such "bodily injury" or "property damage" did not result in damages which are the subject of any <br />"suit", settlement or adjustment prior to the inception date of this insurance (or the retroactive date <br />of this policy, if any, whichever is earlier); and <br />(4) In the event the "bodily injury" or "property damage" results from continuous or repeated exposure <br />to substantially the same general harmful conditions, then the <br />(a) Outset of the "bodily Injury" or "property damage" was on or after the inception date of this <br />insurance (or the retroactive date of this insurance, if any, whichever is earlier); and <br />(b) "Bodily injury" or "property damage" was not actually, or alleged to have been, in progress prior <br />to the inception date of this insurance (or the retroactive date of this Insurance, if any, whichever <br />is earlier), even if the "bodily injury' or "property damage" continues during this policy period. <br />These conditions (1), (2), (3) and (4) shall apply whether or not the "bodily injury" or "property damage" <br />is known to any insured. <br />c. If the outset of any "bodily injury" or "property damage" takes place during this policy period then it shall <br />include any continuation of that "bodily injury" or "property damage" after the end of the policy period. <br />d. Damages because of "bodily injury" include damages claimed by any person or organization for care, <br />loss of services or death resulting at any time from the "bodily injury". <br />e. Damages because of "bodily injury" Include damages claimed by any person or organization for care, <br />loss of services or death resulting at any time from the "bodily injury". <br />All other terms and conditions of the policy remain unchanged. <br />NXT-0208 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its - <br />permission " <br />®0 REVEwED&APPRovm Ere <br />Tay J" <br />1 RBk Management Nialyst <br />