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DEFINITIONS -- (Continued)
<br />The completed operations hazard does not include bodily injury or property damage
<br />arising out of
<br />(a) operations in connection with the transportation of property, unless the bodily
<br />injury or property damage arises out of a condition in or on a vehicle created by
<br />the loading or unloading thereof,
<br />(b) the existence of tools, uninstalled equipment or abandoned or unused mate.
<br />rials, or
<br />(c) operations for which the classification stated in the policy or in the Company's
<br />manual specifies "including completed operations ";
<br />"elevator" means any hoisting or lowering device to connect floors or landings,
<br />whether or not in service, and all appliances thereof including any car, platform,
<br />shaft, hoistway, stairway, runway, power equipment and machinery; but does not
<br />include an automobile servicing hoist, or a hoist without a platform outside a
<br />building if without mechanical power or if not attached to building walls, or a hod
<br />or material hoist used in alteration, construction or demolition operations, or an
<br />inclined conveyor used exclusively for carrying property or a dumbwaiter used
<br />exclusively for carrying property and have a compartment height not exceeding
<br />four feet;
<br />"incidental contract" means any written contract or agreement relating to the
<br />"Operations of the Named Insured ", as defined in this policy;
<br />"Insured" means any person or organization qualifying as an Insured in the "Per-
<br />sons Insured" provision of the applicable insurance coverage. The insurance afforded
<br />applies separately to each Insured against whom claim is made or suit is brought,
<br />except with respect to the limits of the Company's liability;
<br />"mobile equipment" means a land vehicle (including any machinery or apparatus
<br />attached thereto), whether or not self - propelled, (1) not subject to motor vehicle
<br />registration, or (2) maintained for use exclusively on premises owned by or rented
<br />to the Named Insured, including the ways immediately adjoining, or (3) designed for
<br />use principally off public roads, or (4) designed or maintained for the sole purpose
<br />of affording mobility to equipment of the following types forming an integral part of
<br />or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and
<br />drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers
<br />and other road construction or repair equipment; air - compressors, pumps and gen-
<br />erators, including spraying, welding and building cleaning equipment; and geophys-
<br />ical exploration and well servicing equipment;
<br />"Named Insured" means the person or organization named in the declarations of
<br />this policy;
<br />I. The policy does not apply:
<br />"Named Insured's products" means goods or products manufactured, sold, handled
<br />or distributed by the Named Insured or by others trading under his name, including
<br />any container thereof (other than a vehicle), but "Named Insured's products' shall
<br />not include a vending machine or any property other than such container, rented to
<br />or located for use of others but not sold;
<br />"occurrence" means an accident, including continuous or repeated exposure to
<br />conditions, which results in bodily injury or property damage neither expected nor
<br />intended from the standpoint of the Insured;
<br />"Operations of the Named Insured" means all operations necessary or incidental to
<br />the conduct of baseball or softball games, including practice, exhibition or scheduled
<br />games between regular league members, farm teams or otherwise, and participation
<br />in regional "play -off" or "Little League World Series" contests; the ownership,
<br />maintenance or use of baseball parks, bleachers, stadia, grounds or other premises;
<br />the construction, alteration or repair of new or existing structures upon the premises
<br />of the Named Insured or elsewhere, whether performed by the Named Insured or
<br />by others;
<br />"policy territory" means:
<br />(1) the United States of America, its territories or possessions, or Canada, or
<br />(2) international waters or air space, provided the bodily injury or property damage
<br />does not occur in the course of travel or transportation to or from any other
<br />country, state or nation, or
<br />(3) anywhere in the world with respect to damages because of bodily injury or
<br />property damage arising out of a product which was sold for use or consumption
<br />within the territory described in paragraph (1) above, provided the original suit
<br />for such damages is brought within such territory;
<br />"products hazard" includes bodily injury and property damage arising out of the
<br />Named Insured's products or reliance upon a representation or warranty made at
<br />any time with respect thereto, but only if the bodily injury or property damage
<br />occurs away from premises owned by or rented to the Named Insured and after
<br />physical possession of such products has been relinquished to others;
<br />"property damage" means (1) physical injury to or destruction of tangible property
<br />which occurs during the policy period, including the loss of use thereof at any
<br />time resulting therefrom, or (2) loss of use of tangible property which has not been
<br />physically injured or destroyed provided such loss of use is caused by an occurrence
<br />during the policy period;
<br />NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM)
<br />A. Under any Liability Coverage, to bodily injury or property damage
<br />(1) with respect to which an Insured under the policy is also an Insured under
<br />a nuclear energy liability policy issued by Nuclear Energy Liability Insur.
<br />ance Association, Mutual Atomic Energy Liability Underwriters or Nuclear
<br />Insurance Association of Canada, or would be an Insured under any such
<br />policy but for its termination upon exhaustion of its limit of liability; or
<br />(2) resulting from the hazardous properties of nuclear material and with
<br />respect to which (a) any person or organization is required to maintain
<br />financial protection pursuant to the Atomic Energy Act of 1954, or any
<br />law amendatory thereof, or (b) the Insured is, or had this policy not been
<br />issued would be, entitled to indemnity from the United States of America,
<br />or any agency thereof, under any agreement entered into by the United
<br />States of America, or any agency thereof, with any person or organization.
<br />B. Under any Medical Payments Coverage, or under any Supplementary Payments
<br />provision relating to first aid, to expenses incurred with respect to bodily
<br />injury resulting from the hazardous properties of nuclear material and arising
<br />out of the operation of a nuclear facility by any person or organization.
<br />C. Under any Liability Coverage, to bodily injury or property damage resulting
<br />from the hazardous properties of nuclear material, if
<br />(1) the nuclear material (a) is at any nuclear facility owned by, or operated
<br />by or on behalf of, an Insured or (b) has been discharged or dispersed
<br />therefrom;
<br />(2) the nuclear material is contained in spent fuel or waste at any time pos-
<br />sessed, handled, used, processed, stored, transported or disposed of by
<br />or on behalf of an Insured; or
<br />(3) the bodily injury or property damage arises out of the furnishing by an
<br />Insured of services, materials, parts or equipment in connection with the
<br />planning, construction, maintenance, operation or use of any nuclear
<br />facility, but if such facility is located within the United States of America,
<br />its territories or possessions or Canada, this exclusion (3) applies only to
<br />property damage to such nuclear facility and any property thereat.
<br />—3—
<br />H. As used in this endorsement:
<br />"hazardous properties" include radioactive, toxic or explosive properties;
<br />"nuclear material" means source material, special nuclear material or byproduct
<br />material;
<br />"source material ", "special nuclear material ", and "byproduct material" have the
<br />meanings given them in the Atomic Energy Act of 1954 or in any law amendatory
<br />thereof;
<br />"spent fuel" means any fuel element or fuel component, solid or liquid, which
<br />has been used or exposed to radiation in a nuclear reactor;
<br />"waste" means any waste material (1) containing byproduct material and (2)
<br />resulting from the operation by any person or organization of any nuclear facility
<br />included within the definition of nuclear facility under paragraph (a) or (b)
<br />thereof;
<br />"nuclear facility" means
<br />(a) any nuclear reactor,
<br />(b) any equipment or device designed or used for (1) separating the isotopes
<br />of uranium or plutonium, (2) processing or utilizing spent fuel, or (3)
<br />handling, processing or packaging waste,
<br />(c) any equipment or device used for the processing, fabricating or allaying
<br />of special nuclear material if at any time the total amount of such mate.
<br />rial in the custody of the Insured at the premises where such equipment
<br />or device is located consists of or contains more than 25 grams of
<br />plutonium or uranium 233 or any combination thereof, or more than 250
<br />grams of uranium 235,
<br />(d) any structure, basin, excavation, premises or place prepared or used for
<br />the storage or disposal of waste,
<br />and includes the site on which any of the foregoing is located, all operations
<br />conducted on such site and all premises used for such operations;
<br />"nuclear reactor" means any apparatus designed or used to sustain nuclear fis-
<br />sion in a self- supporting chain reaction or to contain a critical mass of fissionable
<br />material;
<br />"property damage" includes all forms of radioactive contamination of property.
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