Agmt24 Ocean Oyster (2107 Broadway)

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(2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". This insurance does not apply to "Product Recall Expense" arising out of or resulting from: a. Any product withdrawal initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering" (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Form or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". f. COVERAGE A does not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. We will not pay more than $100,000 annually for "product recall expense" incurred from all "Covered Recall" events covered during this policy term. Replace the following paragraph: Exclusion c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions Paragraph e. Contractual Liability is amended as follows: e. Contractual Liability This paragraph is deleted. Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0729 10 13 Used with permission ATTY/AGR.2024.213/Ocean Oyster (2107 Broadway) (Page 21 of 27)