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

(1) Banned from the market by an 2. Intentionally concealed or misrepresented a authorized government entity prior material fact concerning a "product to the policy period; or withdrawal" or "product withdrawal expenses” incurred by you. (2) Distributed or sold by you subsequent to any governmental C. The following definitions are added to Section V ban. - Definitions: i. Defense Of Claim 1. "Defect" means a defect, deficiency or inadequacy that creates a dangerous The defense of a claim or "suit" against condition. you for liability arising out of a "product withdrawal". 2. "Product tampering" is an act of intentional alteration of "your product" which has j. Third Party Damages, Fines And caused or is reasonably expected to cause Penalties "bodily injury" or physical injury to tangible property other than "your product". Any compensatory damages, fines, penalties, punitive or exemplary or other When "product tampering" is known, non-compensatory damages imposed suspected or threatened, a "product upon the insured. withdrawal" will be limited to those batches of "your product" which are known or k. Pollution-Related Expenses suspected to have been tampered with. Any loss, cost or expense due to any: For the purposes of this insurance, electronic data is not tangible property. (1) Request, demand, order, statutory or regulatory requirement that any As used in this definition, electronic data insured or others test for, monitor, means information, facts or programs stored clean up, remove, contain, treat, as or on, created or used on, or transmitted detoxify or neutralize, or in any way to or from computer software, including respond to, or assess the effects of, systems and applications software, hard or "pollutants"; or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media (2) Claim or suit by or on behalf of a which are used with electronically controlled governmental authority for damages equipment. because of testing for, monitoring, cleaning up, removing, containing, 3. "Product withdrawal" means the recall or treating, detoxifying or neutralizing, withdrawal: or in any way responding to, or assessing the effects of, a. From the market; or "pollutants". b. From use by any other person or B. For the purposes of this coverage, the following organization; condition is added to Section IV – Commercial General Liability Conditions: of "your products", or products which contain "your products", because of known or Concealment Or Fraud suspected "defects" in "your product", or known or suspected "product tampering", We will not provide coverage to you, or any which has caused or is reasonably expected other insured, who at any time: to cause "bodily injury" or physical injury to tangible property other than "your product". 1. Engaged in fraudulent conduct; or 71 1403 0121 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 11 Copyright Insurance Services Office, Inc., 1984, 1992, 2003, 2004, 2006, 2012, 2013