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"Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property <br /> damage". <br /> "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes <br /> the mere presence of asbestos in any form. <br /> "Auto" means: <br /> a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or <br /> equipment; or <br /> b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance <br /> law where it is licensed or principally garaged. <br /> However, "auto" does not include"mobile equipment". <br /> "Covered pollution cost or expense" means any cost or expense arising out of: <br /> 1. Any request, demand, order or statutory or regulatory requirement; or <br /> 2. Any claim or"suit' by or on behalf of a governmental authority demanding <br /> that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond <br /> to, or assess the effects of"pollutants". <br /> "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened <br /> discharge, dispersal, seepage, migration, release or escape of"pollutants": <br /> (1) That are, or that are contained in any property that is: <br /> a. Being transported or towed by, handled, or handled for movement into, onto or from, any "auto"; <br /> b. Otherwise in the course of transit by or on behalf of the "insured"; or <br /> c. Being stored, disposed of, treated or processed in or upon any"auto"; or <br /> (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they <br /> are accepted by the"insured"for movement into or onto any"auto"; or <br /> (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place <br /> where they are finally delivered, disposed of or abandoned by the"insured". <br /> Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed <br /> for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying <br /> insurance"or its parts, if: <br /> (1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its <br /> manufacturer to hold, store, receive or dispose of such "pollutants"; and <br /> (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of <br /> any equipment listed in paragraphs 6.b and 6.c. of the definition of"mobile equipment'. <br /> Paragraphs b. and c. above do not apply to"accidents"that occur away from premises owned by or rented to an "insured" <br /> with respect to "pollutants" not in or upon an "auto" covered by the "underlying insurance" if: <br /> (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result <br /> of the maintenance or use of the "auto"; and <br /> (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, <br /> overturn or damage. <br /> "Damages" include prejudgment interest awarded against the "insured"on that part of the judgment we pay. <br /> "Damages"do not include: <br /> 1. Fines; <br /> 2. Penalties; or <br /> 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. <br /> Subject to the foregoing, "damages" include damages for any of the following which result at any time from "bodily injury" <br /> to which this policy applies: <br /> 1. Death; <br /> 2. Mental anguish; <br /> 3. Shock; <br /> 4. Disability; or <br /> 5. Care and loss of services or consortium. <br /> "Insured" means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision <br /> of this policy. The insurance afforded applies separately to each "insured" against whom claim is made or "suit' is <br /> Form XL 00 03 09 16 Page 13 of 14 <br />