Agmt26 Teriyaki Madness (875 Middlefield Road)

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o. Recall Of Products, Work Or Impaired Property (1) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (a) "Your product"; (b) "Your work"; or (c) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in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". (2) This insurance does not apply to "product recall expense" arising out of or resulting from: (a) Any product withdrawal initiated due to: (i) 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. (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 H. 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". Section II. F. Liability And Medical Expenses Definitions, is amended to include the following: (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 Page 20 of 24 Includes Copyrighted Material of the Insurance Services Office, Inc. BP990102 0522 Used with permission ATTY/AGR.2026.027/Azasa Inc. (875 Middlefield Rd) (Page 37 of 51)