Discussion and Consideration of Pay Application #9 – Miron Construction – Tiffin Recreation Center – Motion to Approve — K-3

d. The initiation of a "product withdrawal" c. Deterioration, Decomposition Or will be deemed to have been made only Chemical Transformation at the earliest of the following times: Any "product withdrawal" initiated due to (1) When you first announced, in any transformation of a chemical nature, manner, to the general public, your deterioration or decomposition of "your vendors or to your employees (other product". This exclusion does not apply than those employees directly if it is caused by: involved in making the determination) your decision to (1) An error in manufacturing, design, conduct or participate in a "product or processing; withdrawal". This applies regardless of whether the determination to (2) Transportation of "your product"; or conduct a "product withdrawal" is made by you or is requested by a (3) "Product tampering". third party; or d. Goodwill, Market Share, Revenue, (2) When you first received, either orally Profit Or Redesign or in writing, notification of an order from an authorized government entity to conduct a "product The costs of regaining goodwill, market withdrawal”. share, revenue or "profit" or the costs of redesigning "your product". e. "Product withdrawal expenses” incurred to withdraw "your products" which e. Expiration Of Shelf Life contain the same or substantially similar "defects" will be deemed to have arisen Any "product withdrawal" initiated due to out of the same "product withdrawal". expiration of the designated shelf life of "your product". 2. Exclusions f. Known Defect This insurance does not apply to "product withdrawal expenses” arising out of: A "product withdrawal", initiated because of a "defect" in "your product" a. Breach Of Warranty And Failure To known to exist by the Named Insured or Conform To Intended Purpose the Named Insured's "executive officers", prior to the date when this Any "product withdrawal" initiated due to Coverage Part was first issued to you or the failure of "your product" to prior to the time "your product" leaves accomplish their intended purpose, your control or possession. including any breach of warranty of fitness, whether written or implied. This g. Otherwise Excluded Products exclusion does not apply if such failure has caused or is reasonably expected to A recall of any specific products for cause "bodily injury" or physical damage which "bodily injury" or "property to tangible property other than "your damage" is excluded under Coverage A product". Bodily Injury And Property Damage Liability by endorsement. b. Infringement Of Copyright, Patent, Trade Secret, Trade Dress Or h. Governmental Ban Trademark A recall when "your product" or a Any "product withdrawal" initiated due to component contained within "your copyright, patent, trade secret, trade product" has been: dress or trademark infringements. 71 1403 0121 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 11 Copyright Insurance Services Office, Inc., 1984, 1992, 2003, 2004, 2006, 2012, 2013