Agmt25 A Pe Pe, Inc. (2616 Broadway)

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smoke resulting from such fire, explosion, or lightning, or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: (a) $500,000; or (b) The amount shown on the Declarations or other amendatory endorsement for Damage To Premises Rented To You Limit. (4) Under Part F.9.a. of Liability And Medical Expenses Definitions (Section II — Liability), the definition of "Insured contract" is replaced with "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage caused by: (i) Fire; (ii) Explosion; (iii) Lightning; (iv) Smoke resulting from such fire, explosion, or lightning; or (v) Water; to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". (5) This Provision B. does not apply if coverage for Damage To Premises Rented To You under Part A.I. Business Liability (Section II — Liability) is excluded by endorsement or no amount is shown on the Declarations or other amendatory endorsements for Damage To Premises Rented To You Limit. V. Delivery Errors and Omissions The following is Liability Coverage is added to Section II — Liability: 1. We will pay those sums in excess of $250 that the insured becomes legally obligated to pay as damages because of a failure to deliver or a misdelivery of items you hold for sale by you, any of your "employees" or by a concessionaire trading under your name. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for delivery errors and omissions to which this insurance does not apply. We may, at our discretion, investigate the circumstances of any misdelivery or failure to deliver and settle any claim or "suit" that may result. But: a. We will pay no more than the limit of liability. b. We will not pay for any loss or damage in any one occurrence until the amount of loss or damage exceeds $250; and c. Our right and duty to defend end when we have exhausted the applicable Limit Of Insurance by payment of judgments or settlements under this coverage. 2. This coverage applies only to errors in deliveries that take place, or omissions of such deliveries, that should have taken place in the "coverage territory" during the policy period. 3. This coverage does not apply to: a. Intentional error or intentional misdelivery or failure to deliver "your product". b. "Bodily injury", "property damage" or "personal and advertising injury" c. Discrimination based on a customer's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition or residence location. 4. Our limit of liability under this coverage for failure or misdelivery is $10,000 in any one occurrence. This limit applies separately to each Described Premises in the Declarations. MC BOP RES BROADEND 07 19 ATTY/AGR.2025.207/A Pa Pe, Inc. (2616 Broadway) (Page 33 of 55) Page 14 of 17