01. Claim Made Basis Clause 以索赔提出为基础批单(期内索赔式) It is hereby agreed and amended:1. This insurance apply to "bodily injury" and "property damage" resulting from an occurrence which first commences on and after the retroactive date designated in schedule, only if:(1) A claim for damage because of "bodily injury" and "property damage" is first made in writing against any insured during the policy period and(2) Any insured did not know or could not have reasonably foreseen such occurrence at the effective date of this Policy.2. As used in this endorsement:(1) "A claim" by a person or organization seeking damage will be deemed to have been made when written notice of such claim is received by any insured or by the Company, whichever comes first;(2) "All claim" for damage because of "bodily injury" to the same person as a result of an occurrence, will be deemed to have been made at the time the first of those claims is made against any insured;(3) "All claim" for damage because of "property damaged" causing loss to the same person or organization as a result of an occurrence, will be deemed to have made at the time the first of those claim is made against any insured.02. Occurrence Basis Clause “日落条款”以事故发生为基础批单(期内发生式) It is hereby agreed and amended:1. This insurance applies to “ bodily injury ” and/or “ property damage ” resulting from an occurrence which happens during the policy period described in the schedule, only if:(1) A claim for damage be cause of “ bodily injury ” and/or “ property damage ” is first made inwriting against the insurer of this Policy by any insured before ( a reporting time limit not exceed 5 years from inception) and(2) Any insured did not know or could not have reasonably foreseen such occurrence at the effective date of this Policy.2. As used in this endorsement:(1) “ A claim ” by a person or organization seeking damage will be deemed to have been made when written notice of such claim is received by the insurer;(2) “ All claim ” for damage because of “ bodily injury ” to the same person as a result of an occurrence, will be deemed to have been made at the time the first of those claims is made against the insurer;(3) “ All claim ” for damage because of “ property damage ” csasutsointghelosame personor organization as a result of an occurrence, will be deemed to have made at the time the first of those claim is made against the insurer.03. All Cost with in the Limit of Indemnity subject to Self I nsured Rete nti on所有索赔处理费用(适用自负额)包含在赔偿限额内It is agreed that the suppleme ntary payme nts un der the policy are withi n the limits of in sura nee show n in the deelarati ons. Our right and duty to defe nd eease whe n we have used up the applicable limit of in sura nee in the payme nt of judgeme nts, settleme nts or suppleme ntary payme nts.Our obligati on to pay the suppleme ntary payme nts applies only in excess of any Self I nsuredRetention amounts stated in the Declarations.SELF-INSURED RETENTION (PER CLAIM)1. Incon siderati on of the premium charged, it is agreed the Limits of In sura nce for each of thecoverage ' s provided by this policy will apply excess of a US$50,000.00 per claim.Self- In sured Rete nti on (here in after referred to as the “ Rete nti on Amou nt ” ).The Rete nti on Amou nt:(a) shall apply on ly to “ occurrences ” covered under this policy , and(b) shall apply separately to each claim arising out of such : “ occurrence ” , and(c) shall include all Supplementary Payment of policyYour ban kruptcy, in solve ncy or in ability to pay the Rete nti on Amou nt shall not in crease our obligati on un der this policy .2. We shall have the right but not the duty to participate with you at our own expense in the defe nse or settleme nt of any claimor suit seek ing damages covered un der this policy .In the eve nt of a claim or suit which in our reas on able judgme nt may result in payme nts,in clud ing suppleme ntary payme nts, in an amou nt in excess of the rete nti on amou nt, we may assume con trol of the defe nse or such claim of suit. You will con ti nue to be resp on sible for the payme nt of the rete nti on amou nt.3. In the eve nt there is any other in sura nce, whether or n ot collectible, applicable to an“ occurre nce ” , claim or suit with in the rete nti on amou nt, you will continue to be resp on sible for the full rete nti on amou nt before the limits of in sura nce un der this policy apply.04. Employees' Bodily Injury Exclusi on雇员身体伤害除外条款(或称为雇主责任除外条款)Notwithstanding anything to the contrary contained in this Policy, it is agreed that this Policy shall not apply to any liability for bodily in jury, sick ness, disease, occupati onal disease, disability, shock, men tal an guish or men tal injury, in clud ing death at any time result ing therefrom, susta ined by an employee of the In sured, and aris ing out of and in the course of his employme nt by the In sured.Subject otherwise to the terms excepti ons and con diti ons of the Policy.05. Pun itive/Exemplary Damage Exclusi on惩罚性赔偿/罚金除外条款It is agreed that such coverage as is afforded by this policy shall not apply to fines, penalties, pun itive or exemplary damages aga inst the n amed in sured.06. War and Terrorism Exclusion 战争及恐怖主义除外条款(采用美国政府对恐怖主义之定义) It is hereby declared and agreed that this endorsement modifies insurance provided under the following:Under any “ Exclusions ” Section, War is deleted in its entirety and replaced with the following:((I ■ I■■»Ci丄］»“| ■■»Ci 1 ___ 1 ■■■■ I I I »| 丄“ Bodily injury ” , “ property damage ” “ personal injury ” or “ advertiosinwgarin, jwuhryether ” due tor not declared, or any act or condition incident to war. War includes civil war, insurrection, invasion, act of foreign enemy, civil commotion, factional civil commotion, military or usurped power, rebellion or revolution.All “ Exclusions ” Sections, is amended with the addition of the following exclusion:“ Bodily injury ” or “ property damage ” arising directly or indirectly as a result of or in connectionwith “ terrorism ” including, but not limited to, any contemporaneous or ensuing “ bodily injury ” or “ property damage ” caused by fire, looting or theft.“ Terrorism ” means the use or threatened use of force or violence against person or property, or commission of an act dangerous to human life or property, or commission of an act that interferes with or disrupts an electronic or communication system, undertaken by any person or group, whether or not acting on behalf of or in connection with any organization, government, power, authority or military force, when the effect is to intimidate or coerce a government, the civilian population or any segment thereof, or to disrupt any segment of the economy.Terrorism shall also include any act which is verified or recognized by the United States Government as an act of terrorism.All other terms and conditions of the policy remain the same.07. Absolute Pollution Exclusion 绝对污染除外条款Notwithstanding anything to the contrary contained in this Policy, it is agreed that this policy shall not apply:A. To any personal injury or property damage arising out of the actual or threateneddischarge, dispersal, release or escape of pollutions, anywhere in the world;B. To any loss, cost or expense arising out of any governmental direction or request that theinsured, the company or any other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollution.C. To any loss, cost or expense, including but not limited to costs of investigation or attorney ' s fees, incurred by a governmentunit or any other person or organization to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutions.“ Pollutions ” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste materials. Waste materials include materials which are intended to be or have been recycled reconditioned or reclaimed.Further, should the underlying limits become impaired or exhausted for claim(s) payment(s) and/or loss adjustment expense(s) excluded by this endorsement, coverage provided by this policy will not drop down over the impaired or exhausted underlying limits, however, the policy will continue to respond for covered claims in excess of the limits stated in the declaration page as underlying.Subject otherwise to the terms exceptions and conditions of this Policy.08. Absolute Asbestos Exclusion 绝对石棉污染除外条款Notwithstanding anything to the company contained in this Policy, it is agreed that this policy shall not apply:A. To any liability for property damage, personal injury, sickness, disease, occupation disease, disability, shock, death, mentalanguish or mental injury at any time arising our of the manufacture of, mining of, use of, sale of ,installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust;B. To any obligation of the insured to indemnify any party because of damages arising our of such property damage, personalinjury, sickness, disease, occupation disease, disability, shock, death, mental anguish or mental injury at any time as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or expense to asbestos, asbestos products, asbestos fibers or asbestos dust;C. To any obligation to defend any suit or claim against the insured alleging personal injury, or property damage, if such suit orclaim arises from personal injury or property damage resulting from or contributed to, by any and all manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.Further, should the underlying limits become impaired or exhausted for claim(s) payment(s) and/or loss adjustments expense(s) excluded by this endorsement, coverage provided by this policy will not drop down over the impaired or exhausted underlying limits, however, the policy will continue to respond for covered claims in excess if the limits stated in the declaration page as underlying.Subject otherwise to the terms exceptions and conditions of this policy.09. Nuclear Energy Liability Exclusion核能责任除外条款It is hereby understood and agreed that notwithstanding anything to the contrary contained in this policy, the insurance is subject to the Nuclear Energy Liability Exclusion as follows:1. The insurance dose not apply:A. Under any Liability Coverage to Bodily Injury or Property Damage:(1) With respect to which an Insured under the policy is also an insured under a nuclear energy liability policy issuedby Nuclear Energy Liability Insurance ASSOCIATION, mutual Atomic Energy Liability Underwriters, NuclearInsurance Association of Canada or any of their successors, or would be an insured under any such policy but forits termination upon exhaustion of its limit of liability; or(2) Resulting from the Hazardous Properties of Nuclear Material and with respect to which (a) any person ororganization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any lawamendatory thereof, or (b) the Insured is, or had this policy not been issued would be entitled to indemnity from theUnited States of America, or any agency thereof, under any agreement entered into by the United Stated ofAmerica, or any agency thereof, with any person or organization.B. Under any Medical Payments coverage, to expenses incurred with respect to Bodily Injury resulting from the HazardousProperties of Nuclear Material and arising out of the operation of a Nuclear Facility by any person or organization.C. Under any Liability Coverage, to Bodily Injury or Property Damage resulting from the Hazardous Properties of NuclearMaterial:(1) The Nuclear Material (a) is at any Nuclear Facility owned by, or operated by or on behalf of, an Insured or (b) hasbeen discharged or dispersed therefrom;(2) The Nuclear Material is contained in Spent Fuel or Waste at any time possessed, handled, used, processed,stored, transported or disposed of by or on behalf of an Insured, or(3) The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services, materials, parts orequipment in connection with the planning, construction, maintenance, operation or use of any Nuclear Facility, butif such facility is located within the United States of America, its territories or possessions or Canada, thisexclusion (3) applies only to Property Damage to such Nuclear Facility and any property thereat.2. As used in this endorsement:Hazardous Properties include radioactive, toxic or explosive properties.Nuclear Material means Source Material, Special Nuclear Material or By-Product Material. Source Material, Special Nuclear Material and By-Product Material have the meanings given to them in the Atomic Energy Act of 1954 or in any lawamendatory thereof. Spent Fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a Nuclear Reactor.Waste means any waste material (a) containing By-Product Material other than the tailingor wastes produced by the extraction or concentration of uranium or thorium from any one processed primarily for its Source material content, and (b) resulting from the operation by any person or organization of any Nuclear Facility included under the two paragraphs of the definition of Nuclear Facility.Nuclear Facility means:(a) Any Nuclear Reactor.(b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing orutilizing Spent Fuel, or (3) handling, processing or packaging Waste,(c) Any equipment or device used for the processing, fabricating or alloying of Special Nuclear Material if at any time thetotal amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,(d) Any structure, basin, excavation, premises or place prepared or used por the storage or disposal of Waste,and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.Nuclear Reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.Property Damage includes all forms of radioactive contamination of property.Subject otherwise to the terms exceptions and condition of this Policy.10. Additional Insured Clause- Vendor ' s Designated Form销售商扩展条款(指定经销商)Name of Person or Organization (Vendor)For Example:AMES DEPT. STORESP.O.BOX 4096, ROCKY HILL, CT 06067BRANDSMART U.S.A.Any vendor is an insured, but only with respect to bodily injury or property damage arising out of the distribution or sale of your products in the regular course of that vendors business.1. The Insurance with respect to the vendor does not apply to:(a)any express warranty unauthorized by the name insured;(b)bodily injury or property damage arising out of(i) any physical or chemical change in the form of the product made intentionally by the vendor,(ii) repacking, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instruction from the manufacturer and then repacked in theoriginal container,(iii) demonstration, installation, servicing or repair operations, except such operations performed at the vendor 's premises in connection with the sale of the product,(iv) any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make of normally undertakes to made in the usual course of business, in connection with the distribution or sale of the products;(v) products which after distribution or sale by the Named Insured have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor.2. The insurance does not apply to any person or organization, as insured, from whom the Named Insured has acquired such products or any ingredient, part or container, entering into, accompanying or containing such products.All other terms and conditions remain unchanged.11. Additional Insured Clause- Vendor ' s Broad Form销售商扩展条款(不指定经销商)It is agreed that the “ Persons Insured ” provision is amended to include any person ororganization (designated below) (herein referred to as “ vendor ” ) as an Insured, buthonly witrespect to the distribution or sale in the regular course of the vendor ' s business of the namedinsured ' s products (designated below) subject to the following additional provisions:1.The Insurance with respect to the vendor does not apply to:(a)any express warranty unauthorized by the name insured;(b)bodily injury or property damage arising out of(i) any physical or chemical change in the form of the product made intentionally by the vendor,(ii) repacking, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instruction from the manufacturer and then repacked in the original container,(iii) demonstration, installation, servicing or repair operations, except such operations performed at the vendor ' s premises in connection with the sale of the product,(iv) any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make of normally undertakes to made in the usual course of business, in connection with the distribution or sale of the products;(v) products which after distribution or sale by the Named Insured have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor.2.The insurance does not apply to any person or organization, as insured, from whom the Named Insured has acquired such products or any ingredient, part or container, entering into, accompanying or containing such products.12. 30 Days Cancellation Clause （保险人提前）30 天通知（被保险人）取消（保单）条款Notwithstanding anything to the contrary contained in the Terms and conditions of this policy, this insurance may at any time be terminated at the option of the Company on 30 days to that effect being given to the Insured （as circumstances may allow） in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancellation.notice13. Loss Adjuster Clause 指定公估人条款It is hereby declared and agreed that the qualified international loss adjuster GAB Robins North America, Inc. would be appointed to investigate and adjust the loss, the current contactinformation as below.GAB Robins North America, Inc.2225 Enterprise DrineSuite 2513Westchester, IL 6015414. Lead Exclusion 铅除外条款（适用于怀疑含有铅成分的产品，如电池等）This insurance does not apply to any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead-containing products, materials or substances. This exclusion applies to all forms of lead including but not limited to solid, liquid, vapor and fumes.15. Efficacy Exclusion Clause 功效除外条款（适用于具功能性产品，如药品、消防器材等）This Policy does not apply to liability for personal Injury and/or Property Damage resulting from the failure of the Insured 's products to cure, alleviate, prevent, monitor, eliminate or retardPersonal Injury and/or Property Damage where such products are represented, warranted, designed or agreed by the Insured to cure, alleviate, prevent, eliminate or retard Personal Injury and/or Property Damage.16. Batch Clause 同一原因引起的一系列事故视作一次事故It is agreed that all damages arising out of one lot of goods or products, prepared or acquired by the named insured, or by another trading under his name, shall be considered as arising out of one occurrence or resulting from a single incident, one lot of goods or products shall be interpreted to include all goods or products subject to substantially the same error or defect.17. Product-completed operation 产品完工条款(维修商扩展条款)a. “ Product-scompleted operations hazard ” includes all “ bodily injury ” and “ property damage ”occurring away from premises you own or rent and arising out of “your products ” or “your workexcept:(1) Products that are still in your physical possession; or(2) Work that has not yet been completed or abandoned.b. “Your work ”ll bwei deemed completed at the earliest of the following times:(1) When all of the work called for in your contract has been completed(2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site.(3) When that part of the work done at a job site has been put to its intended use by any person or organization other thananother contractor or subcontractor working on the same project.Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.c. This hazard does not include “ bodily injury ” or “ property damage ” arising out of:(1) The transportation of property, unless the injury or damage arises out of a condition inor on a vehicle crea ted by the “ loading or unloading ” of it;(2) The existence of tools, uninstalled equipment or abandoned or unused materials;(3) Products or operations for which the classification in this Coverage Part or in our manual of rules includes products orcompleted operations.18. Cross Liability交叉责任条款It is agreed and understood that subject to the Insured having paid the agreed additional premium, this inusrance shall apply to each insured party as if a separate policy had been issued to each party.Provided always that the aggregate liability of the Company for any one accident shall not exceed the limit of indemnity stipulated in the schedule.This Clause is subject otherwise to terms, conditions and exceptions of this Policy.19. Electromagnetic Radiation and Radiofrequency Waves Exclusion (EMF Exclusion) 电磁波辐射及无线电波除外条款(适用于电子产品)A. This insurance does not apply to bodily injury, property damage, advertising injury, or personal injury arising out of the actual, alleged or threatened exposure to electromagnetic radiation or radiofrequency waves.This insurance does not apply to any loss, cost or expense arising out of any:request, demand or order than any insured or others test for, monitor, remove, contain,attenuate or neutralize, or in any way respond to, or assess the effects of electromagnetic radiation or radiofrequency waves, orclaim or suit by or on behalf of a governmental authority or others for damages because of testing for, monitoring, removing, containing, attenuating or neutralizing, or in any way responding to, or assessing the effects of electromagnetic radiation or radiofrequency waves or use of cellular phones or handheld wireless phonesThis exclusion does not apply to:bodily injury, personal injury or advertising injury caused by electrocution or electric shock;or property damage caused by power surges.Under Definitions, the following definition is added:Electromagnetic radiation and Radiofrequency Waves means any:electric field, magnetic field, electromagnetic field;radiation created by any electrical current, however generated; or radiofrequency or microwave radiation.20. Y2K EXLUSION CLAUSE FOR LIABILITY INSURANCE 责任险2000 年问题除外条款The year 2000 Millennium problem (Y2K) as referred herein means any direct or in direct loss of or damage to the insured property caused by misfunctioning of computer system, hardware, program/software, microchip, media, integrated circuit and similar device in other electronic equipment involving the date change to the year of 2000, or any other date change before, during or after the year of 2000, including leap year calculations.The Company is not liable to compensate any insured property loss or bodily injury and death, legal liability and any indirect expenses relating to legal procedures, inspection, technical consultation, etc. caused by or arising from any computer system no matter whether or no belonging to or in possession of the Insured due to:1. inability to recognize any date correctly;2. inability to read, save, retain, check, manipulate, interpret and process any data or information or to discharge commands andinstructions as a result of failure to recognize any date correctly;3. any loss of data or inability to read, save, retain, check or process such data correctly caused by programming any computersoftware command on or after an assigned date;4. inability to calculate, compare, differentiate, sequence or process any data involving thedate change to the year of 2000, or any other date change, including leap year calculations;5. any preventive or remedial change, alteration or modification to any computer system, hardware, program/software,microchip, media, integrated circuit or similar device inchange, including leap year calculations.All other terms and conditions under this Policy remain unaltered.21. （Toxic） Mold Exclusion 模具除外条款（适用于注塑成型的产品）It is hereby noted and agreed that in the event of loss of or damage to the moulds & dies, the amount of indemnity in respect thereof shall be limited to be value of the materials together with the cost of labour expended in reproducing such moulds & dies （excluding any cost of design）.22. Genetic Modification Organization Exclusion 基因改变除外条款（适用于食品、饮用水、化妆品、药品等产品）This Policy does not apply to any liability arising out of “ property damage ”, “ bodily injury ” or “ personal injury ” in connection woithr arising out of any Genetically Modified or EngineeredOrganism.For the purpose of this Exclusion, Genetically Modified or Engineered Organism is defined as a living organism in which the genetic material has been permanently altered through gene technology in a way that does not occur naturally by multiplication and/or natural recombination.PICC shall be under no obligation to defend any such lawsuits brought against the insured.23. Allergy Exclusion Clause 过敏症除外条款（适用于化妆品、药品等产品）This Policy Excludes all liability arising directly or indirectly, caused by, out of or in connection with or aris ing out of any allergic to do with the huma n body and the ending —it is simply refersto disease.For the purpose of this Exclusion, Allergic is meaning that the human body tends to overreactto certain types of outside substancesPICC shall be under no obligation to defend any such lawsuits brought against the insured.24. Infectious Disease Exclusion 传染病除外条款（适用于食品、饮用水等产品）This Policy excludes claims or liability arising from any condition directly or indirectly caused by associated with Atypical pneumonia with severe acute respiratory syndrome （SARS） or Dengue Fever or Typhoid & Paratyphoid Fever or Tuberculosis or Measles or Tetanus orMalaria or Cholera or Viral Hepatitis or Meningococcal infections or the mutants, derivatives or variations thereof or in any way related to or any syndrome or condition of a similar kind howsoever it may be named.PICC shall have no duty to defend any suit arising out of or in any way connected to suchlawsuits or legal proceedings or any demands made against the insured regardless of the circumstances concerned.。
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