Agmt25 Timber and Salt (881 Middlfield Road)

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does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (ii) Copyright, patent, trade secret or trademark infringements; (iii) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: i. An error in manufacturing, design, processing or transportation of "your product"; or ii. "Product tampering" (iv) 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 SECTION II —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". c. Definitions (1) "Covered recall" means: (a) A product recall made necessary because you determine that the product recall is necessary; or (b) An authorized government entity has ordered you to conduct a product recall. (2) "Product recall expense" means necessary and reasonable expenses incurred by "you" for: (a) Costs of notification of a "covered recall"; (b) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (c) Costs of overtime paid to you regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (d) Costs of computer time; (e) Costs of hiring independent contractors and other temporary employees; (f) Costs of transportation, shipping or packaging for the return of "your products" affected by a recall; (g) Costs of warehouse or storage space; or (h) Costs of proper disposal of "your products", or products that contain "your products", that can not be reused, not exceeding your purchase price of your cost to produce the products; B. The following is added to Section II — Liability, Paragraph C. Who Is An Insured: 1. Newly Acquired Or Formed Organization The following is added to Paragraph C. Who Is An Insured in Section II — Liability: Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Paragraph A.1. Business Liability does not apply to: (1) "Bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 26-0115 10 10 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 17 of 22 Used with permission ATTY/AGR.2025.234/Pacific Dining CA1, LLC (881 Middlefield Rd) (Page 36 of 47)