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7..CONTIN000S OR REPEATED SEEPAGE 0 KAGE OF WATER OR <br />STEAM FROM WITHIN A PLUMBING, HEATI AIR CONDITIONING <br />SYSTEM OR FROM WITHIN A DOMESTIC APP JANICE WHICH OCCURS <br />OVER A PERIOD OF WEEKS, MONTHS OR YEARS. <br />F. WAR RISK AND GOVERNMENTAL ACTION EXCLUSION: THIS POLICY SHALL <br />NOT APPLY TO LOSS CAUSED, DIRECTLY OR INDIRECTLY, BY OR DUE TO ANY <br />ACT OR CONDITION INCIDENT TO THE FOLLOWING: <br />1. HOSTILE OR WARLIKE ACTION IN TIME OF PEACE OR WAR, INCLUD- <br />OR I <br />ANY <br />PRLSUMED TO BE SUCH A HOSTILE OR WARLIKE ACTION BY SUCH A <br />GOVERNMENT, POWER, AUTHORITY OR FORCES; <br />2. INSURRECTION, REBELLION, REVOLUTION, CIVIL WAR, USURPED <br />POWER, OR ACTION TAKEN BY GOVERNMENTAL AUTHORITY IN HINDER- <br />ING, COMBATING OR DEFENDING AGAINST SUCH AN OCCURRENCE:; <br />SEIZURE OR DESTRUCTION UNDER QUARANTINE OR CUSTOM'S REGULA- <br />TIONS, CONFISCATION BY ORDER OF ANY GOVERNMENT OR PUBLIC <br />AUTHORITY, OR RISKS OF CONTRABAND OR ILLEGAL TRANSPORTATION <br />OR TRADE. <br />G. Nuclear Clause And Nuclear Exclusion: <br />1. NUCLEAR CLAUSE (NOT APPLICABLE IN NEW YORK): THE WORD <br />"FIRE" IN THIS POLICY IS NOT INTENDED TO AND DOES NOT EMBRACE <br />NUCLEAR REACTION 0 LEAR RADIATION OR RADIOACTIVE CON- <br />TAMINATION, ALL WH CONTROLLED OR UNCONTROLLED, AND <br />LOSS BY NUCLEAR REAC ,jN OR NUCLEAR RADIATION OR RADIOACTIVE <br />CONTAMINATION IS NOT INTENDED TO BE AND IS NOT INSURED AGAINST <br />BY THIS POLICY, WHETHER SUCH LOSS BE DIRECT OR INDIRECT, <br />PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, <br />CONTRIBUTED TO, OR AGGRAVATED BY "FIRE" OR ANY OTHER PERILS <br />INSURED AGAINST BY THIS POLICY. HOWEVER, SUBJECT TO THE FORE- <br />GOING AND ALL PROVISIONS OF THIS POLICY, DIRECT LOSS BY "FIRE" <br />RESULTING FROM NUCLEAR REACTION OR NUCLEAR RADIATION OR <br />RADIOACTIVE CONTAMINATION IS INSURED AGAINST BY THIS POLICY. <br />2. NUCLEAR CLAUSE (APPLICABLE ONLY IN NEW YORK): THIS POLICY <br />DOES NOT COVER LOSS OR DAMAGE CAUSED BY NUCLEAR REACTION OR <br />NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER <br />DIRECTLY OR INDIRECTLY RESULTING FROM AN INSURED PERIL UNDER <br />THIS POLICY, <br />3. NUCLEAR EXCLUSION (NnT anor rPeOic m urm vnnv,_ I n�� nu <br />�Li­ IN.ciricK UU"FKULLtU UK UNCONTROLLED, OR DUE <br />TO ANY ACTOR CONDITION INCIDENT TO ANY OF THE FOREGOING SNOT <br />INSURED AGAINST BY THIS POLICY, WHETHER SUCH LOSS BE DIRECT <br />OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART <br />CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY ANY OF THE PERILS <br />INSURED AGAINST BY THIS POLICY; AND NUCLEAR REACTION OR NU- <br />CLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER <br />CONTROLLED OR UNCONTROLLED IS NOT "EXPLOSION" OR "SMOKE ". <br />THIS CLAUSE APPLIES TO ALL PERILS INSURED AGAINST HEREUNDER <br />EXCEPT THE PERIL OF FIRE, WHICH IS OTHERWISE PROVIDED FOR IN <br />THE NUCLEAR CLAUSE ABOVE. <br />SECTION IX —OTHER PROVISIONS <br />1. OTHER INSURANCE: <br />A. IF AT THE TIME OF LOSS THERE IS OTHER INSURANCE WRITTEN IN <br />THE NAME OF THE INSURED UPON THE SAME PLAN, TERMS, CONDITIONS <br />AND PROVISIONS AS CONTAINED IN THIS POLICY, HEREIN REFERRED TO <br />AS CONTRIBUTING INSURANCE, THIS COMPANY SHALL BE LIABLE FOR <br />NO GREATER PROPORTION OF ANY LOSS THAN THE AMOUNT OF INSUR. <br />ANCE UNDER THIS POLICY BEARS TO THE WHOLE AMOUNT OF INSUR- <br />ANCE COVERING SUCH LOSS. <br />B. IF AT THE TIME OF LOSS THERE IS OTHER INSURANCE OTHER THAN <br />THAT AS DESCRIBED IN A. ABOVE, THIS COMPANY SHALL NOT BE LIABLE <br />FOR ANY LOSS HEREUNDER UNTIL: <br />(1) THE LIABILITY OF SUCH OTHER INSURANCE HAS BEEN EX. <br />HAUSTED, AND <br />(2) THEN FOR ONLY SUCH AMOUNT AS MAY EXCEED THE AMOUNT <br />DUE FROM SUCH OTHER INSURANCE, WHETHER COLLECTIBLE OR <br />NOT. <br />2. CONTROL OF PROPERTY: This insurance shall not be prejudiced by any <br />act or neglect of any person (other than the named Insured), when such act <br />or neglect is not within the control of the named Insured. <br />3. DIVISIBLE CONTRACT CLAUSE: If this policy covers two or more build- <br />ings, the breach of any condition of the policy in any one or more of the <br />buildings covered or containing the property covered shall not prejudice the <br />right to recover for loss occurring in any building covered or containing the <br />property covered, where at the time of loss a breach of condition does not <br />exist. <br />4. INSPECTION OF PROPERTY AND OPERATIONS: This Company and any <br />person or organization making inspections on this Company's behalf shall <br />be permitted but not obligated to inspect the named Insured's property and <br />operations at any time. Neither the right of this Company and any person or <br />organization to make such inspections nor the making thereof nor any <br />report thereon shall constitute an undertaking, on behalf of or for the <br />benefit of the named Insured or others, to determine or warrant that such <br />property or operations are safe or healthful, or are in compliance with any <br />law, rule or regulation. <br />5. LIBERALIZATION: If during the period that insurance is in force under <br />this policy, or within 45 days prior to the inception date thereof, on behalf <br />of this Company there be adopted or filed with and approved or accepted by <br />the insurance supervisory authorities, all in conformity with law, any <br />changes in the form attached to this policy bywhich this form of insurance <br />could be extended or broadened without increased premium charge by <br />endorsement or substitution of form, then such extended or broadened <br />insurance shall inure to the benefit of the named Insured hereunder as <br />though such endorsement or substitution of form had been made. <br />8. LOSS CLAUSE: Any lass hereunder shall not reduce the amount of this <br />policy. <br />7. WHEN MORTGAGE POLIICY IS MADE (Not <br />AYABLEPTO AINAMED MORTGAGEE OR TIRUSTEE ) <br />Loss or damage, if any, under this policy, shall be payable to the mort- <br />gagee (or trustee), named on the first page of this policy, as interest may <br />appear, under all present or future mortgages upon the property herein <br />described in which the aforesaid may have an interest as mortgagee (or <br />trustee) in order of precedence of said mortgages, and this insurance, as to <br />the interest of the mortgagee (or trustee) only therein, shall not be invali- <br />dated by any act or neglect of the mortgagor or owner of the within <br />described property, nor by any foreclosure or other proceedings or notice of <br />CF 0013 (Ed.0979) <br />sale relating to the property, nor by any change in the title or ownership of <br />the property, nor by the occupation of the premises for purposes more <br />hazardous than are permitted by this policy; provided, that in case the <br />mortgagor or owner shall neglect to pay any premium due under this policy, <br />the mortgagee (or trustee) shall, on demand, pay the same. <br />Provided, also, that the mortgagee (or trustee) shall notify this Company of <br />any change of ownership or occupancy or increase of hazard which shall <br />come to the knowledge of said mortgagee (or trustee) and, unless permitted <br />by this policy, it shall be noted thereon and the mortgagee (or trustee) <br />shall, on demand, pay the premium for such increased hazard for the term <br />of the use thereof; otherwise this policy shall be null and void. <br />THIS COMPANY RESERVES THE RIGHT TO CANCEL THIS POLICY AT ANY TIME <br />AS PROVIDED BY ITS TERMS, BUT IN SUCH CASE THIS POLICY SHALL CON- <br />TINUE IN FORCE FOR THE BENEFIT ONLY OF THE MORTGAGEE (OR TRUSTEE) <br />FOR 10 DAYS AFTER NOTICE TO THE MORTGAGEE (OR TRUSTEE) OF SUCH <br />CANCELLATION AND SHALL THEN CEASE, AND THIS COMPANY SHALL HAVE <br />THE RIGHT, ON LIKE NOTICE, TO CANCEL THIS AGREEMENT. <br />Whenever this Company shall pay the mortgagee (er trustee) any sum for <br />loss under this policy and shall claim that, as to the mortgagor or owner, <br />no liability therefor existed, this Company shall, to the extent of such <br />payment, be thereupon legally subrogated to all the rights of the party to <br />whom such payment shall be made, under all securities held as collateral <br />to the mortgage debt, or may, at its option, pay to the mortgagee (or <br />trustee) the whale principal due or to grow due on the mortgage with <br />interest, and shall thereupon receive a full assignment and transferof the <br />mortgage and of all such other securities; but no subrogation shall impair <br />the right of the mortgagee (or trustee) to recover the full amount of said <br />mortgagee's (or trustee's) claim. <br />8. PERMITS AND USE: Except as otherwise provided, permission is <br />granted: <br />A. to make alterations and repairs; <br />B. for such unoccupancy as is usual or incidental to the described <br />occupancy; BUT VACANCY IS LIMITED TO THE 60 DAY PERIOD PERMIT- <br />TED BY THE POLICY CONDITIONS ('Vacant" or "Vacancy" means con- <br />taining no contents pertaining to operations or activities customary <br />to occupancy of the building. "Unoccupied" or "UneCCUpancy" means <br />containing contents pertaining to occupancy of the building while <br />operations or other customary activities are suspended); <br />C. in the event of loss hereunder, to make reasonable repairs, <br />temporary or permanent, PROVIDED SUCH REPAIRS ARE CONFINED <br />SOLELY TO THE PROTECTION OF THE PROPERTY FROM FURTHER DAM- <br />AGE, AND PROVIDED FURTHER THAT THE NAMED INSURED SHALL KEEP <br />AN ACCURATE RECORD OF SUCH REPAIR EXPENDITURES. The cost of <br />any such repairs directly attributable to damage by any peril not <br />otherwise excluded shall be included in determining the amount of <br />IN rnHiwutnH IHt REQUIREMENT THAT, <br />NAMED INSURED SHALL PROTECT THE <br />DAMAGE. <br />9. PROTECTIVE SAFEGUARDS: IT IS A CONDITION OF THIS INSURANCE THAT <br />THE NAMED INSURED SHALL MAINTAIN SO FAR AS IS WITHIN HIS CONTROL <br />SUCH PROTECTIVE SAFEGUARDS AS ARE SET FORTH BY ENDORSEMENT <br />HERETO. <br />Page 3 of 4 <br />