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Pyramid Group International Inc. <br />K. if the insured is in violation of any CONDITIONS PRECEDENT TO COVERAGE. <br />II. DEFINITIONS <br />A. The term automobile means a land motor vehicle, trailer or semi -trailer designed for <br />travel on public roads including any machinery or apparatus attached thereto. <br />B. The term bodily injury means physical injury, sickness or disease, mental anguish or <br />emotional distress when accompanied by physical injury, sustained by any person, <br />including death resulting therefrom. <br />C. The term claim means an oral or written notice to the Named Insured from any party <br />intending to hold an insured responsible for damages arising out of a pollution <br />condition. <br />D. The term claims expense means all costs, charges and expenses resulting from the <br />adjustment, appraisal, investigation, defense, settlement, arbitration or appeal of any <br />claim, if such costs, charges and expenses are incurred by the Company, an <br />attorney designated by the Company, or by the insured with the written consent of <br />the Company; except that it shall not include the costs of investigating or <br />administering any claim by employees of the Company or loss of earnings incurred <br />by the insured in investigating, defending, settling, arbitrating or appealing any claim <br />at the Company's direction. <br />E. The term damages means a judgment, award or settlement monetarily compensating <br />a claimant, excepting fines or penalties, punitive or exemplary compensation, <br />judgments that have been multiplied in an amount as may be imposed pursuant to a <br />statute or otherwise, or compensation forgiven, reduced in amount or otherwise <br />compromised by the insured. <br />F. The term insured shall mean: <br />1. the named insured; and <br />2. a director or officer of the named insured, but only while acting in their <br />respective capacity as such; and <br />3. an employee of the named insured, but only with respect to services <br />performed or failed to have been performed on behalf of the named insured <br />in the employee's capacity as such; and <br />4. a former director, officer or employee of the named insured, but only with <br />respect to services performed or failed to have been performed on behalf of <br />the named insured prior to the termination of that respective capacity; and <br />5. the current spouse of any current owner, director or officer of the named <br />insured; and <br />6. the heirs, executors, administrators, and legal representatives of each <br />insured in the event of death, incapacity or bankruptcy, but solely with <br />respect to the liability of each insured as otherwise coven <br />and <br />n� mnageman utvieen <br />REmEwm & APPROVED BY. <br />A i-u A wa. <br />Rhk Management Spedalist <br />ECC-569E-0712 © 2018, Freberg Environmental, Inc. <br />