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(2) On ways next to premises you own or <br />rent; or <br />(3) Because of your operations; <br />provided that: <br />(a) The accident takes place in the <br />"coverage territory" and during the <br />policy period; <br />(b) The expenses are incurred and <br />reported to us within one year of <br />the date of the accident; and <br />(c) The injured person submits to <br />examination, at our expense, by <br />physicians of our choice as often <br />as we reasonably require. <br />b. We will make these payments regardless <br />of fault. These payments will not exceed <br />the applicable Limits of Insurance as <br />described in D. Liability and Medical <br />Expenses Limits of Insurance. <br />c. We will pay reasonable expenses for: <br />(1) First aid administered at the time of an <br />accident; <br />(2) Necessary medical, surgical, x-ray <br />and dental services, including <br />prosthetic devices; and <br />(3) Necessary ambulance, hospital, <br />professional nursing and funeral <br />services. <br />B. Exclusions <br />1. Applicable To Business Liability Coverage <br />This insurance does not apply to: <br />a. Expected or Intended Injury <br />"Bodily injury" or "property damage" <br />expected or intended from the standpoint <br />of the insured. This exclusion does not <br />apply to "bodily injury" resulting from the <br />use of reasonable force to protect persons <br />or property. <br />b. Contractual Liability <br />"Bodily injury" or "property damage" for <br />which the insured is obligated to pay <br />damages by reason of the assumption of <br />liability in a contract or agreement. This <br />exclusion does not apply to liability for <br />damages: <br />(1) That the insured would have in the <br />absence of the contract or agreement; <br />or <br />(2) Assumed in a contract or agreement <br />that is an "insured contract", provided <br />the "bodily injury" or "property <br />damage" occurs subsequent to the <br />execution of the contract or <br />agreement. Solely for the purposes of <br />liability assumed in an "insured <br />contract", reasonable attorney fees <br />and necessary litigation expenses <br />incurred by or for a party other than an <br />insured are deemed to be damages <br />because of "bodily injury" or "property <br />damage", provided: <br />(a) 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 />(b) Such attorney fees and litigation <br />expenses are for defense of that <br />party against a civil or alternative <br />dispute resolution proceeding in <br />which damages to which this <br />insurance applies are alleged. <br />c. Liquor Liability <br />"Bodily injury" or <br />which any insured <br />reason of: <br />"property damage" for <br />may be held liable by <br />(1) Causing or contributing to the <br />intoxication of any person; <br />(2) The furnishing of alcoholic beverages <br />to a person under the legal drinking <br />age or under the influence of alcohol; <br />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 even if the claims <br />against any insured allege negligence or <br />other wrongdoing in: <br />(4) The supervision, hiring, employment, <br />training or monitoring of others by that <br />insured; or <br />(5) Providing or failing to provide <br />transportation with respect to any <br />person that may be under the <br />influence of alcohol; <br />if the "occurrence" which caused the <br />"bodily injury" or "property damage", <br />involved that which is described in <br />paragraphs (1), (2) or (3) above. <br />However, this exclusion applies only if you <br />are in the business of manufacturing, <br />distributing, selling, serving or furnishing <br />alcoholic beverages. <br />For the purpose of this exclusion, <br />permitting a person to bring alcoholic <br />beverages on your premises for <br />consumption on your premises, whether or <br />391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 62 of 81 <br />