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A <br />~)S <br />+ (V) PROPERTY DAMAGE: The term 'PROPERTY DAMAGE' shall mean: <br />(1) physical damage to or destruction of tangl6le property which occurs during the COVERAGE <br />PERIOD, Including the loss of use thereof et anytime resulting therefrom; or <br />(7~ loss of use at any time of tangible property which has not been physically damaged or <br />destroyed provided such loss of use Is caused by an OCCURRENCE during the COVERAGE <br />PERIOD. <br />(VV) RETROACTIVE DATE: The term 'RETROACTIVE DATE' shall mean the date stated In Item 3 of the <br />Declarations. <br />(X) ULTIMATE NET LOSS: The term 'ULTIMATE NET LOSS' shall mean the total of the following sums: <br />(1) all sums which the INSURED shall become legally obligated to pay as damages either by <br />adjudication or compromise with the consent of the COMPANY, after making proper <br />deductions for all recoveries and salvages collectible and for other Insurance as provided for <br />In CONDITION (Ffl hereof; and <br />(7J all expenses Incurred by the INSURED In the Investlgatlon, negotiation, settlement and <br />defense of any CLAIM or In the Investlgatlon of any OCCURRENCE or circumstances of <br />which NOTICE OF CIRCUMSTANCES has been given, excluding all salaries, wages and <br />benefit expenses of employees and office expenses of the INSURED; however, the <br />COMPANY shall not be Ilable for expenses as aforesaid when such expenses are Included In <br />other valid and collectible Insurance, except where that Insurance Is subject to at least 100 <br />percent reimbursement by the INSURED. <br />(Y) UNDERLYING LIMITS: The term 'UNDERLYING LIMITS' shall mean those amounts stated In Item 6 of <br />the Declarations. <br />III. EXCLUSIONS <br />This POLICY shall not apply and the COMPANY shall not be Ilable to make any payment for ULTIMATE <br />NET LOSS with respect to any CLAIM(S) made against any INSURED: <br />(A) for liability arlsing out of the ownership, maintenance, operation, use, loading or unloading of: <br />(t) any watercraft In excess of seventy-five (75) feet In length; or <br />(7J any elrcratt; <br />which Is chartered, operated or hired by, or loaned, leased or rented to, the INSURED for a <br />period (Including any extensions or renewals) of more than thirty (30) consecutive days, or which <br />is owned by the INSURED. <br />(B) for PROPERTY DAMAGE to: <br />(1I property owned or occupied by or rented to the INSURED; <br />(7J property used by the INSURED; <br />(3) property In the care, custody or control of the INSURED or as to which the INSURED Is for <br />any purpose exercising physical control; however, sections (7J and (3) of this Exclusion shall <br />not apply with respect to liability under a written sidetrack agreement and section (3) of this <br />Exclusion shall not apply with respect to PROPERTY DAMAGE arlsing out of the use of an <br />elevator (other than to the elevator) at premises owned by, rented to or controlled by'the <br />NAMED INSURED; <br />eioo cveo~ [ 7 of 15 ] <br />