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3. This insurance does not apply to "personal and advertising injury" arising out of an offense committed before you <br /> acquired or formed the organization. <br /> E. Each person or organization, not included as an "insured" in Paragraphs A., B., C., or D., who is an "insured" in the <br /> "underlying insurance" is an "insured" under this insurance subject to all the terms, conditions and limitations of such <br /> "underlying insurance". <br /> No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture <br /> or limited liability company that is not shown as a Named Insured in the Declarations. <br /> With respect to any person or organization who is not an "insured" under"underlying insurance", coverage under this <br /> policy shall apply only to loss in excess of the amount of the "underlying insurance" or "self-insured retention" <br /> applicable to you. <br /> However, coverage afforded by reason of the provisions set forth above applies only to the extent: <br /> (i) Of the scope of coverage provided by the "underlying insurance" but in no event shall coverage be broader than the <br /> scope of coverage provided by this policy and any endorsements attached hereto; and <br /> (ii) That such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule of <br /> Underlying Insurance Policies. <br /> SECTION IV- LIMITS OF INSURANCE <br /> A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the <br /> number of: <br /> 1. "Insureds"; <br /> 2. Claims made or"suits" brought; <br /> 3. Persons or organizations making claims or bringing "suits"; or <br /> 4. Coverages under which damages are covered under this policy. <br /> B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of"damages", other <br /> than "damages": <br /> 1. Because of injury or damage included within the "products-completed operations hazard"; <br /> 2. Because of"bodily injury" by disease to your "employees" arising out of and in the course of their employment by <br /> you; and <br /> 3. Because of "bodily injury" and "property damage" arising out of the ownership, operations, maintenance, use, <br /> entrustment to others, loading or unloading of any"auto". <br /> C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for <br /> "damages" because of injury or damage included within the "products-completed operations hazard". <br /> D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for "damages" <br /> because of"bodily injury" by disease to your"employees" arising out of and in the course of their employment by you. <br /> E. Subject to B., C., or D above, whichever applies, the Each Occurrence Limit is the most we will pay for "damages" <br /> because of all "bodily injury", "property damage", and "personal and advertising injury" arising out of any one <br /> "occurrence". <br /> F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any <br /> amounts for"damages" in excess of that Limit of Insurance, you agree to reimburse us for such amounts. <br /> G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period <br /> of less than 12 months, starting with the beginning of the "policy period" shown in the Declarations. However, if the <br /> "policy period" is extended after issuance for an additional period of less than 12 months, the additional period will be <br /> deemed part of the last preceding period for the purpose of determining the Limits of Insurance. <br /> SECTION V-NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) <br /> A. The insurance does not apply: <br /> 1. To "bodily injury"or"property damage": <br /> a. With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy <br /> issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, <br /> Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such <br /> policy but for its termination upon exhaustion of its limit of liability; or <br /> b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or <br /> organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law <br /> amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity <br /> from the United States of America, 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 /> Page 8 of 14 Form XL 00 03 09 16 <br />