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<br />NE 01 34 10 21 Includes copyrighted material from Insurance Services Office, Inc., with its permission. Page 1 of 1
<br />COMMERCIAL EXCESS LIABILITY
<br />THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
<br />EXCLUSION – COMMUNICABLE OR INFECTIOUS DISEASE
<br />This endorsement modifies insurance provided under the following:
<br />COMMERCIAL EXCESS LIABILITY POLICY
<br />A. The following exclusion is added to Paragraph 2. Exclusions of SECTION I – COVERAGES:
<br />2. Exclusions
<br />a. Insurance provided under this policy does not apply to "injury or damage" arising directly or indirectly
<br />from any actual or alleged transmission of or exposure to a "communicable or infectious disease".
<br />This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
<br />the:
<br />(1) Supervising, hiring, employing, training or monitoring of others that may be infected with and spread
<br />a "communicable or infectious disease";
<br />(2) Testing for a "communicable or infectious disease";
<br />(3) Failure to suppress or prevent the spread of the "communicable or infectious disease"; or
<br />(4) Failure to report the "communicable or infectious disease" to authorities.
<br />b. This exclusion also applies to any loss, cost or expense arising out of any:
<br />(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
<br />monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess
<br />the effects of any "communicable or infectious disease"; or
<br />(2) "Injury or damage" alleged by or on behalf of any authority, governmental or otherwise, because of
<br />testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in
<br />any way responding to, or assessing the effects of any "communicable or infectious disease".
<br />c. This exclusion does not apply to any claim of "injury or damage" arising out of the actual or alleged
<br />consumption of food that is sold for human consumption and that contains:
<br />(1) Campylobacter, Clostridium perfringens, E. coli, Listeria monocytogenes, Salmonella,
<br />Staphylococcus aureus, Vibrio alginolyticus, Vibrio parahaemolyticus, or Vibrio vulnificus;
<br />(2) Cryptosporidium parvum, Giardia duodenalis, Taenia saginata, Taenia solium, Toxoplasma gondii,
<br />or Trichinella spiralis;
<br />(3) Hepatitis A; or
<br />(4) Norovirus, Astrovirus, Sapovirus, Rotavirus or variants or mutations thereof which were known,
<br />identified and generally accepted by the United States Centers for Disease Control and Prevention
<br />as of the effective date of this policy.
<br />d. Except with respect to Paragraph c. above, we will have no duty to defend or indemnify any insured in
<br />any action or proceeding alleging "injury or damage" arising out of any "communicable or infectious
<br />disease".
<br />B. For the purposes of this endorsement the following definition is added to SECTION IV – DEFINITIONS:
<br />"Communicable or infectious disease" means any disease, illness or condition contracted through direct or
<br />indirect contact with or exposure to any form of pathogens such as, but not limited to, bacterium, fungus, marker,
<br />microbial agent, microorganism, organism, protozoa, virus or any other source that induces or is capable of
<br />inducing the disease, illness or condition.
<br />All other terms and conditions remain unchanged.
<br />DocuSign Envelope ID: C872947D-41CE-4639-8F1A-296D6CD20936
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