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Home My WebLink About89-144 .. .. CORPORATION OF THE TCMN OF NlM:ASTLE BY-LAW 89-144 ~' " being a by-law to authorize the completion of a Agreement of Purchase between the TOwn of Newcastle and James Patrick Lovekin, the owner of the Lovekin Cemetery WHEREAS at its meeting on May 29 1989 Council adopted the recommendations contained in GPA Report WD-60-89 that the Lovekin Cemetery be acquired by the Tbwn subject to satisfaction of the conditions set out in the report; WHEREAS the TOwn's SOlicitor has advised Council that he has received a letter dated August l6 1989 from Mr. C. Lefebvre Acting Manager of the Cemeteries Regulation Branch of the Ministry of Consumer and Commercial Relations approving the acquisition by the Tbwn of the Lovekin Cemetery as required by the Cemeteries Act: THE COUOCIL OF THE CORPORATION OF THE 'l'CWN OF NEWCASTLE HEREBY ENACTS AS FOI..I..CMS: 1. That on the terms and subject to satisfaction of the conditions set out in GPA REPORT WD-60-89 the TOwn acquire the Lovekin Cemetery being those lands more particularly described as: All and singular that certain parcel or tract of land and premises situate lying and being in Lot 35 Concession 1, in the TOwn of Newcastle (formerly Tbwnship of Clarke), in the Regional Municipality of Durham, and more particularly described as Parts l, 4 and 7 on Reference Plan lOR-3362 deposited on June 19 1989 with the Land Registrar for the Land Titles Division of Newastle (No.lO), together with easements in Parts 2, 3 and 6 Reference Plan lOR-3362 as provided for in GPA REPORT WD-60-89: 2. That the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Tbwn of Newcastle and seal with the Corporation's Seal all necessary documents and instruments to give effect to the foregoing and the recommendations contained in report WD-60-89. By-Law read a first and second time this 11th day of September 1989 By-Law read a third time and finally passed this 11th day of September 1989 ~ &, Mayor Clerk ~ - ll_ _~ ... RICHARD E, SHIBLEY, Q,C, HAROLD H, ELLIOTT, P,C, JOHN M. JUPSON, Q,C, RICHARD E, ANKA, Q,;:;, MICHAEL GORDON ' MICHAEL FITZPATF'lICi<(,O,C, BRIAN M,CAMPBELL GEORGE A, ROBERTSON PETER C, WILLIAMS J, PAUL WEARING PETER G, NEILSON CHARLES SIMCO R, MECREDY-WILLIAMS CAROL A, STREET PETER V, RAYTEK BRIAN W, CHU ANITA T, KAIN RICHARD E,COLES MARTIN PETERS CHARLES M,GASTLE DONALD A, McNEILL STEVEN L,WESFIELD WADE D,JAMIESON SANDRA E, DAWE CHRISTINE "'1, SILVERSIDES October 11, 1989 SHIBLE~ RIGHTON & MCCUTCHEON BARRISTERS & SOL.ICITORS RUPERT F, RIGHTON, Q,C, DENNIS C, HEFFERON DONALD K. ROBINSON, Q,C. BARRY S, WORTZMAN, Q,C, DEZ WINDISCHMANN GEORGE CORN V, ROSS MORRISON ALAN L. BROMSTEI N RICHARD A, B, DEVENNEY PAUL E, MciNNIS CLIFFORD I, COLE THOMAS ASTEFANIK WILLIAM L, NORTHCOTE HELDER M, TRAVASSOS J,JAY RUDOLPH CYNTHIA J, GUNN NICHOLAS T, MACOS CHRISTOPHER B, LOBB ALEXANDER p, TORGOV PHILIP p, HEALEY SHEILA M, QUIGLEY TIMOTHY J, HILL LEONARD D, RODNESS LINDA J, GODEL COUNSEL MARTIN L. O'BRIEN, Q,C, Mr. Lawrence E. Kotseff Chief Administrative Officer Town of Newcastle 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear Mr. Kotseff: .lAMES w, McCUTCHEON, Q,C, JOHN D, BOGART, Q, C, CHRISTOPHER STOYAN LESLIE S, MASON JOHN p, BELL PETER H, SMITH p, JOHN PITCHER MICHAEL C, BIRLEY MICHAEL L,"'ATERSON BERNARD McGARVA JONATHAN H, FLANDERS BARBARA R. C, DOHERTY JAMES ROSSITER PETER "'1, WHALEN SANDRA C, SWYSTUN MARTIN J, HENDERSON WARREN S, RAPOPORT MERLE "'1, NUDELMAN SEAN "'1, FORAN R. PETER A, MACDONALD ROBERT M, STEWART J. PAUL R, HOWARD NETANUS T, RUTHERFORD JANIS E,INGRAM TELEPHONE (416) 363-9381 TELECOPIER (416) 365-1717 BOX 32-401 BAY STREET TORONTO. CANADA M5H 2Z1 SUITE 1800 THE SIMPSON TOWER RECtE~V~D ocr l~:J 1989 TOWN OF NEVlfCASTI:..E ADM\NISTRA TOR'S OffiCE Re: The Corporation of the Town of Newcastle Purchase from James Patrickson Lovekin, Part of Lot 35, Concession 1, designated as Parts 1, 4 and 7 on Plan 10R-3362, Town of Newcastle (the "Property") Our File No.: 8900143 We are pleased to advise that the above-noted transaction was completed on October 4, 1989. AGREEMENT OF PURCHASE AND SALE The transaction was completed pursuant to the terms of an agreement of purchase and sale between the Corporation of the Town of Newcastle as purchaser and James Patrickson Lovekin as vendor dated the 5th day of July, 1989. The agreement of purchase and sale contained a number of conditions precedent the status of which we wish to advise as follows: (a) A Consent of the Ministry of Consumer and Commercial Relations The consent of the Ministry of Consumer and Commercial Relations was obtained on August 16, 1989. A copy of the letter from the Ministry approving the transfer of the cemetery lands to the Town of Newcastle is enclosed. . < ,\, ., . SHIBLEY, RIGHTO~ & M~CUTCHEON ~ - 2 - (b) Cemetery Fence We were advised by W.A Evans, Director of Public Works that a quotation had been obtained in the amount of $13,181.00 for the supply and installation of the fence. We were subsequently advised by Mr. Evans that this quotation may not be firm and that the cost of the fence may exceed the quotation. Prior to closing we obtained funds in the amount of $13,181.00 and an undertaking executed on behalf of Professor Lovekin to pay the Town of Newcastle any additional costs in excess of the amount of $13,181.00 in connection with the construction of the fence around the cemetery lands. (c) Pex:petual Care Prior to closing we obtained the sum of $10,000.00 on behalf of the Town, being the amount agreed upon the agreement of purchase and sale in respect of the perpetual care of the cemetery. (d) Easements On closing we obtained an easement over Parts 2 and 3, Plan 10R-3362 for pedestrian access to the cemetery. This Transfer of Easement was registered as Instrument No. NI.22863 on October 4, 1989. A copy is enclosed. In addition, we obtained on closing a Transfer of Easement over Part 6, Plan 10R-3362 for the purpose of pedestrian and vehicular access. This Transfer of Easement was registered as Instrument No. N122864 on October 4, 1989. A copy of the Transfer of Easement is enclosed. Prior to closing we obtained an agreement executed by Ontario Hydro obligating Hydro to attend to the matters contained in Council Report No. WD-60-89. We shall register this agreement after its execution by the Town. We enclose a Certificate of Insurance evidencing the necessary insurance required under the said agreement. In addition we enclose extracts from the policy relating to the required coverage. LEGAL FEES Prior to closing we received sufficient funds to be held by us in trust until an account is rendered in respect of legal fees. TITLE We enclose the duplicate registered Transfer/Deed of Land (the transfer) whereby you acquired title to the Property. The transfer was registered on October 4, 1989 as Instrument No. N122861 in the Land Registry Office for the Land Titles Division of Newcastle (No. 10) (the Land Registry Office). .. . . SHIBLEY, RIGHTOis- & MCCUTCHEON - 3 - Based upon the searches made in the Land Registry Office and such other searches of offices of public record as we have deemed necessary it is our opinion that on registration of the Transfer you had a good and marketable title to the Property subject only to the following: 1. Notice of Agreement made the 12th day of May, 1982 between Her Majesty the Queen in Right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario and James P. Lovekin and registered on the 9th day of June, 1986 as Instrument No. 4045. This instrument does not directly affect the Property. However this instrument was registered against title to the former Lovekin lands of which the Property formed a part. 2. Various notices of lease or notices of charge of lease registered in respect of the Pine Ridge Development. These notices do not appear to directly affect the Property. However as in the foregoing item, they were registered against title to the former Lovekin property of which the Property formed a part. In respect of both of the foregoing items, we have been advised by the Deputy Registrar attending on this transaction that these registrations will not be carried over to a new property parcel page which is being opened by the Registrar in respect of the Property solely. Under the provisions of the Land Titles Act, the Land Registrar has a discretion for a period 21 days following registration of an instrument in which to determine the manner of abstracting the said instrument. As a precaution against the Registrar entering any of the foregoing instruments in the new parcel page for the Property, we have obtained the undertaking of Professor Lovekin to delete same from the title to the Property. If this is not achieved within 45 days then monies in the amount of $2,000.00 and $8,000.00 in respect of the Ministry of Transport Agreement and the Notices of Lease respectively will be released by the law firm of McCarthy & McCarthy to Shibley, Righton & McCutcheon to pay our account should we be required to take action to correct the title. Copies of said undertakings are enclosed. We will ensure that the necessary follow up is done to ensure clear title. FUNDS PAYABLE TO THE TOWN We enclose our firm trust cheque payable to the order of the Corporation of the Town of Newcastle in the amount of $23,181.00 representing payment received by us on your behalf for the cost of fencing around the cemetery and perpetual care of the cemetery. OUR ACCOUNT Our account statement will follow shortly. '. . SHIBLEY, RIOHTON & Mc'CUTCHEON ~ - 4 - ENCLOSURES 1. Ministry of Consumer & Commercial Relations letter; 2. Transfer registered as Instrument No. NI22863; 3. Transfer registered as Instrument No. NL22864; 4. Transfer registered as Instrument No. NU2861; 5. Undertaking Re Ministry of Transport Agreement; 6. Undertaking Re Notices of Leases; and 7. Certificate of Insurance and copy of required insurance coverage. Yours truly, SHmLEY, RIGHTON & McCUTCHEON Per: A <7'~" Nicholas T. Macos NTM/ms Enclosures . &?) Ministry of Ministere de la Cemeteries 101 Bloor Street West Tel. (416) 963-0511 Consumer and Consommation Regulation 6th Floor ". Toronto, Ontario M5S 2Z5 Commercial et du Reglementation 101, rue Bloor ouest Fax: (416) 961-4912 , Ontario Relations Commerce des cimetieres 6e etage Toronto. Ontario M5S 2Z5 August 16, 198C(Q)IF>1f Shibley, Righton & McCutcheon Barristers and Solicitors Box 32 - 401 Bay Street Suite 1800 The Simpson Tower Toronto, ontario M5H 2Z1 Attention: Mr. Dennis Hefferon Dear Sir: Refer to File No.1 385 Priere de mentionner Ie numero de dossier rR~E~VED.\ i A,ll,~t 18 ~19&9 J: . I f\,ns'd, "dd 'd.dd" ,'d '......, ~.~n_~..~~.~-,-~""'"':""'--~--~ -. Pursuant to section 22 of Regulation 90 under the Cemeteries Act, R.S.O., 1980, Chapter 59, I hereby approve the transfer from James Patrickson Lovekin to The Corporation of the Town of Newcastle of cemetery lands described as: All and Singular that certain parcel or tract of land and premises situate lying and being in Lot 35 Concession I, in the Town of Newcastle (formerly Township of Clarke), in the Regional Municipality of Durham, and more particularly described as Parts I, 4 and 7 on Reference Plan 10R-3362 deposited on June 29, 1989 with the Land Registrar for the Land Titles Division of Newcastle (No.10). iVs trUlY~ ~ Acting anager :pb cc: S. Cureatz N. Macos V G.F. willcocks ... \ ,.., ~ ~;ovlnce ~ Ontario i~6~lJf Transfer/Deed of Land Form 1 - Land Registration Reform Act, 1984 DYE & DURHAM CO, LIMITED Form No. 970 , f". [-~ A ......1 22861 r______ (1) Registry 0 (3) Property letentifler(s) Land TIUes lKJ T(2) Page 1 of 4- Block Property pages r KUMBER ... "" CERnnCA TE OF RECEIPT Ocr ~ 9 lJ9 AM '89 NL Additional: I ~Ule 0 (4) Consideration TeAl 7I.f OtiS IN]) 1//1/1:> Ttf/tl I ~ ...I Z o w en ::> w () u:: u. o New Property Identifiers a: o u. ASS. OEP. LAND REGISTRAR NEWCr\STLE No, 10 BnWMMIVILlE (5) Description This is a: Dollars $ :l. r t;I"'f!) Property Property Division IKL Consolidation 0 Additional: See Schedule Part of Parcel 35-3, Section Concession 1 Newcastle (Clarke) being Part of Lot 35, Concession 1, Town of Newcastle, Regional Municipality of Durham designated as Parts 1, 4 and 7 on Reference Plan lOR-3362 o executions Additional: See 0 Schedule ' (6) This (a) Redescription (b) Schedule for: Document New Easement Contains Plan/Sketch 0 Description 0 (7) Interesvestate Transferred Additional Fee Simple Parties 0 Other 0 (8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that the person consenting below is my spouse. . .. -- . ., .. .. . . .. .. . . .. . . . .. . . .. .. .. .. .. . . .. .. .. .. .. .. .. . .. .. . .. .. . . .. . . .. .. .. . .. . .. . . .. . . .. . . .. . .. .. .. . .. . .. . .. .. .. . . .. .. .. . , .0 . .. .. .. . . . .. . . . ~~~~~~:': :;~~: ~~:~~~~~~~~~ ..;.: : : : ~~=~~~~~. . . : . ~~. 1;;:'.;7~ .,'~" ~ ' " , " , , , , , , .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... ................................................................ J .. .. .. .. .. .:.. .. .. ! .. .. .. t : I . , : :: .. .. .. .. .. .. .. .. .. .. O. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... ................................................................ J.. .. .. .. .. .:.. .. .. : .. .. .. : I I (9) Spouae(s) of Transferor(s) I hereby consent to this transaction Name(s) LOVEKIN, Caroline Anne Date of Signature Signature(s) /? i Y ,M. 0 "e~.~.. ~kJ,~?,8.~i,~?j~:\. G:>)t7?1 r : ~ , : i I I I (10) Transferor(s) Address for Service R.R. #1, Newcastle, Ontario, LOA IHO (11) Transferee(s) Date of Birth Y M 0 I THE CORPORATION OF THE TOWN OF NEWCASTLE ! : i .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. i .. .. .. .. .. .. i" .. .. i .. .. .. .. ! I I , " .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. J .. .. .. .. .. ..!.. .. .. ! .. .. .. .. : I I , '. 1 !! .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . . . . .!. . . : . . . . f : ~ , ; : :: (12) Transferee(s) Address ~rhn~e 40 Temperance Street, Bowmanville, Ontario, LlC 3A6 ~ z o t:: o I _ Iii' ~ ~I~ ~ 'E-m:: "2 ~il c ~i ~ .....c: Cii.e~ iEg~ <:ii.c: ;g (13) Trensferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the Planning Act. 1983, Date of Signature Date of Signature Y M 0 ,Y M 0 : !!!" ! !! Signature, , . , , . . . . . , , . , , . , , , , . , , . .:, , , , . ,:. , , J . , ,: S'gnature,.,.""."",..",...".. ,: , , . , , .:. , , ; , . . , SoRcitor for Transferor(s) I have explained the effect of section 49 of the Planning Act. 1983 to the transferor and I have made inquiries of the transferor to determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and belief. this transfer does not contravene that section, I am an Ontario solicitor in good standing, Date of Signature Name and ! Y 1M; 0 Address of S' : :: Solicitor 'gnature. , . , , . , . , , . . , , . . , . . . , . , , . , .', . . , , ,', . . ". . . , (14) SolIcitor for Transteree(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in subclause 49 (21a) (c) (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief this transfer does not contravene section 49 of the Planning Act 1983, I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing, Name and Address of Solicitor Date of Signature Y M 0 , , , Signature. . . . . . . . . . . . . . . . . . . . . . . . . . I (15) Auetament Roll Number Cty, Mun, Map ! Sub, , Par, , '~ Fees and Tall , , , , of Property . , Not Assigned ..:J , , :J::J.. , , Z Registration Fee , , - (16) Municipal Address of Property (17) Document Prepared by: 0 w Land Transfer Tax SO -- Danny C. Grandilli en ::> Not Assigned McCarthy & McCarthy w () P.O. Box 48 u:: u. TD Bank Tower, T-D Centre 0 Toronto, Ontario, M5K lE6 'a: ~I Total \1.11 10173 (12/84) .. i. STA:rUTORY DECLARATION . 2- DYE a DURHAM co, LIMITED FORM NO. 141 ." ,.. ,":. t <!1anaba PROVINCE OF ONTARIO 11u tqr .1!llattrr uf the title to that Part of Parcel 35-3, Section Con~ession 1, Newcastle (Clarke) being those parts of Lot 35, Concession 1, Town of Newcastle, Regional Municipality of Durham designated as Parts 1, 4 and 7 on Reference Plan 10R-3362; To Wit: J. DAVID WARREN RICE of the City of Etobicoke in the Municipality ~nlrtttttly Irrlarr. of Metropolitan Toronto that 1. I am an authorized Signing Officer of Ridge Pine Park Inc. and have ultimate responsibility for the development, sales of units, and management of Wilmot Creek Park which, is located on part of Parcel 35-3 in the Register for Section Concession 1, Newcastle (Clarke). In particular I have been the responsible officer of the company for the purpose of authorizing, and in most, if not all cases, have signed the leases of individual rent sites with purchasers of homes within the said Park. 2. I am advised and verily believe that Notices of Leases have been registered on the title to Parcel 35-3 in the Register for Section Concession 1, Newcastle (Clarke) with respect to sites numbered 356, 488,349,415,416,386,427,440,491,364,348,426,363, 430, 352, 436, 384, 353, 345, 350, 381 and 490. 3. Attached hereto is a photocopy of a portion of a Sit~ Plan prepared under my authorization showing shaded the various^~o~e sites located on the said Parcel 35-3 and cross-hatched on that sketch are the sites represented by the above sketches. Also marked on that sketch is the approximate location of the cemetery lands. The nearest registered lease affects Site 345, the nearest point of which is located at least 250 feet from the cemetery lands. 4. I know ~my own personal knowledge that none of the registered leases affect any portion of the cemetery lands as above described. ~1 ~ 2;/). AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. Declared before me at the City of Brampton in the Municipality ~~ DAVID WARREN RICE 19 89 A Commissioner, etc. JANET M. SIMMONS ..", .",.:,. :{ t ~ fARIO ~~-?-.. --;~ ::::-,.;..-.:.- "'""l TENNIS U eQURi .tJf:mrmrtt:: ...................... \I~\~~~~~tr~~~~~~~rt~t~~l~f "INDICATES LAND NOT OWNED :' .BY RIDGE PINE PARK INC. ' 't., r-- . \ / . . \ / . -------' , ---- __--------------------- 1.-......-..---. -------.------._- .........-- '. r ., (' , Refer to all instructions on reverse side, DYE & DURHAM CD, liMITED Form No. 500 u.. (Amended Aug, " 1986) _, . Form 1 - Land Transfer Tax Act Affidavit of Residence and of Value of the Consideration . . - IN THE' MATTER OF THE CONVEYANCE OF (insertbriefdescriptionof/and) Part Lot 35. Concession I, Town of Newcastle, designated as Parts I, 4 and 7 on Reference Plan 10R-3362 BY (print names of all transferors in full) The Corporation of the Town of Newcastle TO (see instruction 1 and print names of all transferees in full) I, (see instruction 2 and print name(s) in full) Nicholas T. Macos MAKE OATH AND SAY THAT: " I a m (place a clear mark within the square opposite that one of the following paragraphs that desCribeS the capacity of the deponent(s)): (see instruction 2) o (a) A persDn in trust fDr whDm the land cDnveyed in the abDve,described conveyance is being conveyed; o (b) A trustee named in the above.described conveyance to whom the land is being conveyed; o (c) A transferee named in the abDve.described conveyance; (]I (d) The ~W solicitor acting in this transaction for (insert name(s) of principal(s)) The Corporation of the Town of Newcastle described in paragraph(s) (al, (b1, (c) above; (strike out references to inapplicable paragraphs) o {el The President, V ice.President, Manager, Secretary, Director, or Treasurer authDrized to act for (insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) o (f) A transferee described in paragraph( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and on behalf of (insert name of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to, 2, (To be completed where the v.lulI of the conaldllrlltlon for thll convlly.nce exceeds '250,000), I have read and CDnsidered the definition of "single fam ily residence" set out in clause 1 (1) (ja) Df the Act, The land conveyed in the above.described conveyance o contains at least one and not more than two single family residences, o does not contain a single family residence, o contains more than two single family residences, (see instruction 3) Note: Clause 2(1) (d) imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of $250,000 where the conveyance contains at least one and not more than two single family residences, 3, I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non.resident corporation" or a "nDn-resident person" as set out in the Act, (see instructions 4 and 5) None 4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: $ 2 . 00 $ Nil $ Nil $ Nil $ Nil $ 10,000.00 $ Nil (a) MDnies paid Dr tD be paid in cash . ' , , (b) Mortgages (i) Assu med (show principal and interest to be credited against purchase price) (ii) Given back to vendDr , ' , , , , ' (c) Property transferred in exchange (detail below) (d) Securities transferred to the value Df (detail below) (e) liens, legacies, annuities and maintenance charges to which transfer is subject (fl Other valuable consideration subject to land transfer tax (detail below) Alf Blanks Must Be Filled In, Insert 'Nil" (g) VALUE OF lAND, BUilDING, FIXTURES AND GOODWill SUBJECT TO lAND TRANSFER TAX (Tota/of(a) to (f)) (h) VALUE OF ALL CHATTELS. items Df tangible personal prDperty (Ratail Sales Tax is payable on the valua of all chattels unless exempt under the provisions of the "Retail Sales Tax Act", R,S,O, 1980, c.454, as amended) , , ' (j) Other cDnsideration for transactiDn not included in (g) or (h) above (j) TOTAL CONSIDERATION $ 10,002.00 $ 10,002.00 Where Applicable, $ Nil $ Nil $ 10.002.00 5, If consideratiDn is nDminal, describe relatiDnship between transferor and transferee and state purpDse of cDnveyance, (see instruction 6) Transfer of private cemetery pursuant to approval under the Cemeteries Act 6, If the cDnsideration is nominal, is the land subject to any encumbrance? No 7, Other remarks and explanatiDns, if necessary, Assumption of maintenance obligation valued by the parties of $10,000.00 Sworn before me at the Ci ty of Toronto in the Municipality of Metropolitan Toronto this 'rGt day of O~e.,..- 19 89 ~~ A,?~ signature(s) A Commissioner for tak ing Affidavits, etc, Property Information Record A, Describe nature of instrument: Transfer B, (j) Address of property being CDnveyed (if available) not assigned c, W) Assessment RDII No, (if available) Mailing address(es) fDr future Notices Df Assessment under the Assessment Act fDr prayerty being conveyed (see instruction 7) 40 Temperance Street, ~ville, Ontario LlC 3Ab E, (j) Registration number fDr last cDnveyance Df prDperty being CDnveyed (if available) (ij) Legal descriptiDn of prDperty cDnveyed: Same as in D,(j) abDve, Yes 0 Name(s) and address(es) of each transferee's solicitor Shibley, Righton & McCutcheon Barristers & So]jcitors Suite 1800, 401 Bay Street Toronto, Ontario Attention: Mr. Denni~ Hefferon D, NDD Not known 0 For Land Registry Office use only REGISTRATION NO land Registry Office No, RegistratiDn Date Instructions 1. Where any transferee (other than a joint tenant) is taking less than the whole interest in the property being acquired. then the percentage ownership of each such transferee must be clearly indicated beside his/her respective name, 2, (j) It should be noted that if all deponents are not entitled to mark the same square in paragraph 1 of the Affidavit, then more than one Affidavit will be required, Only those deponents who are entitled to mark the same square in paragraph 1 may swear the same Affidavit, (iil This Affidavit is required to be made by each transferee named in the conveyance, by each person in trust for whom the land conveyed in the conveyance described is being conveyed and by each trustee named in the conveyance to whom the land is conveyed, (Hi) However, any of the transferees may have the Affidavit made on his behalf by an agent authorized in writing to make the Affidavit or by his solicitor, (See clause (d) of paragraph 1 of Affidavit,) (iv) The Affidavit for a transferee that is a corporation may be made by its President, Vice.President, Manager, Secretary, Director or Treasurer, (See clause (e) of paragraph 1 of Affida, vit,) (v) Where transferees are married to each other. either spouse may make the Affidavit on behalf of him/her~elf and the other, (See clause (f) of paragraph 1 of Affidavit,) "single family residence" means. (i) a unit or proposed unit under the Condominium Act, or (ii) a structure or part of a structure, that is designed for occupation as the residence of one family, including dependants or domestic employees of a ~ember of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or t the land on which the residence is situated is zoned for ~ e idential use, and "single family residence" includes any . such residence that is to be constructed as part of the . arrangement relating to a conveyance of land, but does not include any such residence constructed or to be constructed ~ un agricultural land where the transferor with respect to the J...~ land conveyed meets the eligibility requirements for a farm ~ x reduction rebate contained in clause 4(b,l ~r (c) of On:, rio Regulation 716/83 made under the Ministry of Agrl' L"\) culture and Food Act, 0l4' Note: Subsection 1(3) provides, inter alia, that an individual W shall be considered to be "ordinarily resident in Canada" if, at , the time the expression is being applied, he has sojourned in ~ Canada during the next preceding twenty-four months for a W period of, or periods the aggregate of which is 366 days or more. D() Extract of clauses 1 (1 )(f) and (g) of the Act: -- (f) "non-resident corporation" means a corporation incorpor- ated' formed or otherwise organized in Canada or elsewhere, (j) that has allotted and issued shares to which are attached 50 per cent or more of the voting rights ordinarily exercis- able at meetings of the shareholders of the corporation and that are owned by one or more non.resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such one or more non- resident persons do not in fact directly or ind irectly exer- cise control over the corporation and that subclause (v) does not apply to the corporation, (ij) that has allotted and issued shares to which are attached 25 per cent or more of the voting rights ordinarily exercis- able at meetings of the shareholders of the corporation and that are owned by anyone non.resident person or by that person and one or more persons who are associates of that person and who are themselves non-resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such non-resident person does not in fact directly or indirectly exercise control over .... ~ .~l . ,- the corporation and that subclause (v) does not apply to . the corporation, (iii) one-half or more of the directors of which, or of the persons occupying the position of director by whatever name called, are individuals who are non-resident persons, (iv) without share capital and one-half or more of the members of which are non-resident persons, (v) that is controlled directly or indirectly by one or more non-resident persons, including a non-resident corporation within the definition contained in the provisions of this clause other than this subclause, (vi) one-quarter or more of the paid-up capital of which is held by a .non-resident person or by that person and one or more persons who are associates of that person and who are themselves non-resident persons, (vii) one-half or more of the paid-up capital of which is held by one or more non-resident persons, (viii) that would be required on dissolving, winding up, or any other distribution that is not a dividend, to distribute one-quarter or more of its surplus to a non.resident person or to that person and one or more persons who are assoc- iates of that person and who are themselves non-resident persons, or (ix) that would be required on dissolving, winding-up, or any other distribution of surplus that is not a dividend, to distribute one.half or more of its surplus to one or more non-resident persons, (g) "non.resident person" means, (i) an individual who is not ordinarily resident in Canada or who, if ordinarily resident in Canada, is neither a Canad- ian citizen nor an individual who has been lawfully ad- mitted to Canada for permanent residence in Canada, (ii) a partnership, syndicate, association or other organiza. tion of whatsoever kind of which one.half or more of the members are non-resident persons within the meaning of subclause (i), (iii) or (iv) or in which interests representing in value 50 per cent or more of the total value of the pro- perty of such partnership, syndicate, association or other organization are beneficially owned by non-resident persons within the meaning of subclause (i), (iii) or (ivl. (iii) a trust in which non-resident persons within the mean- ing of subclause (i), (ii) or (iv) have 50 per cent or more of the beneficial interests in the corpus of the trust or in the income arising therefrom, and "trust" includes the trustees under such a trust in their capacity as the trustees thereof, or (iv) a non.resident corporation, 5. I nsert the name and place of residence - or in the case of a corp- oration, the place of incorporation, of any transferee who is a non.resident person, If space is insufficient, attach a list of those transferees who are non-resident persons, If none of the trans. ferees is non-resident, insert 'none'. Note: Where the person named in the instrument as grantee is taking title on behalf of another person(s). the residency status to be recited must be that of the person or persons who are the beneficial owners of the land . not that of the grantee named in the instrument, This applies regardless of whether the trustee or nominee capacity of the grantee named in the instrument is in- dicated on the instrument. 6, Explain purpose of transfer: natural love and affection, pur, suant to court order, separation agreement, etc, 7, Insert mailing address(es) where municipal assessment notices for property being conveyed are to be forwarded after closing of this transaction. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGISTRATION, ONE UNATTACHED, COMPLETED COpy MUST BE TEND. ERED TO THE LAND REGISTRAR AT THE TIME OF REGIST- RATION. )' . UNDERTAKING TO: The Town of Newcastle AND TO: Shibley, Righton & McCutcheon its solicitors herein In consideration of the transfer of the lands designated as Parts 1, 4 and 7 on Plan 10R-3362 to the Town of Newcastle and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, we hereby undertake on behalf of our client, James patrickson Lovekin, only and without personal liability as follows: 1. To delete Notice of Agreement No. 4045 from title to the Cemetery Lands within 45 days of closing. To instruct McCarthy & McCarthy to take all steps necessary to delete Notice of Agreement No. 4045. 2. 3. To advise you of particulars of the deletion forthwith after it is deleted. 4. To deposit $2,000 with McCarthy & McCarthy in trust with authority to McCarthy & McCarthy to release such funds to Shibley, Righton & McCutcheon in the event that Item No. 1 is not accomplished within the 45 days. To assist Shibley, Righton & McCutcheon including the execution of all documents reasonably necessary to delete Notice of Agreement No. 4045. 5. Dated at the City of Toronto this day of September, 1989. JAMES PATRICKSON LOVEKIN by his solicitors McCarthy & McCarthy pe~"~ Gordon-p:"W:IICOCkS We hereby undertake to release the $2,000 referred to in paragraph No. 4 above to Shibley, Righton & McCutcheon if the Notice of Agreement is not deleted within the 45-day period referred to in paragraph No. 1 above. Dated at the City of Toronto this September, 1989. day of McCARTHY Ai McCARTHY per:~7- ~Ordon P. W~llcocks ~ URDBRTAltING TO: The Town of Newcastle AND TO: Shibley, Righton & McCutcheon its solicitors herein In consideration of the transfer of the lands designated as Parts 1, 4 and 7 on Plan 10R-3362 to the Town of Newcastle and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, we hereby undertake on behalf of our client, James Patrickson Lovekin, only and without personal liability of McCarthy & McCarthy only as follows: 3. To make best efforts to delete Notices of Lease and Notices of Charge of Lease relating to Sites at Wilmot Creek Park, i~ any, which may be abstracted by the Land Registrar against the above-noted lands within 45 days of closing. To instruct McCarthy & McCarthy to take all steps necessary to delete same. To advise you of particulars of deletions forthwith after same are deleted. 1. 2. 5. To deposit $8,000 with McCarthY & McCarthy in trust with authority to McCarthy &.MqCarthy to release such funds to Shibley, Righton& McCutcheon in the ,event that Item No. 1 is not accomplished within the 45 days. To assist Shibley, Righton & McCutcheon including the execution of all documents reasonably necessary to delete such Notices of Leases and Notices of Changes of Lease. 4. Dated at the City of Toronto this~Q~day of September, 1989. JAllES PATRICK$ON LOVEKI~ by his solicitors McCarthy & McCarthy -~ Per: We hereby undertake to release the $8,000 referred to in paragraph No. 4 above to Shibley, Righton & McCutcheon if the Notice of Agreement is not deleted within the 45-day period referred to in paragraph No. 1 above. Dated at the City of Toronto this~~day of September, 1989. JlcCARTBY & JlcCARTBY ~ Per: ,., ~don F .Wi '~" <",I' ~,. '0"':-,,' ~'rUYU1Cp. ~~ 01 , , Onlll"O Y'ransfer/Deed of Land ;, v '''i ./,. · T. . (f' A~f1fry 0 'p., i'~ B { N L 2 2 8 64 (3' r:':ri') n t \', L{..________.__,____..____ .._...__._,___ fontl1 - bnd R~.tr."on nelonn Act. 1184 lllOd T/flu (] 1(2' Block Property ,~ J-) .. /'t::r A Page 1 0' 3 pages ) ~m!HI'>.!Tr: OF I~~nrr AddllloNl: See 0 Schedule (4) Comldtr.Uon Or; I t! q r.O I '1')1 "';.) Ill. J.J NIL Dollars S Additional: See Schedule (5' DelCrtpUon This is a: Property 0 Property Division Consolidation 0 Part of Parcel 35-9 Section 10, Cone. 1 designated as Pt. ~, Plan 10R- 3362 , Town of Newcas~le (Clarke) Regional Municipality of Durham [] Land Titles Divis~on of Newcastle (No. lO) being Part of Lot 35, Concession 1 Township of Clarke N:,S. DEP, 'JlfW I;FGISifU\R NEVICl\SfLE fJo, 10 ;>/";1/,;Nlllt New Property Identifiers E.ecqtlona Additional: See Schedule [] I) This (a) Redescriplion (b) Schedule 'or: Documenl New Easement Contalnl Plan/Sketch 0 Description 0 (7) Inr.nt.tlElrar. Trllnl'."ed Addilional ee.t$fD\l$( Ea semen t Parties 0 Other ua t) Trlin.'eroril) The transferor hereby transfers the land to the transferee and certifies that the transleror is at least eighteen years old and Ihat .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ............ Date of Signature .,i~(s)' . . . . . . . , , . , . . . . . , . . , . . . . , . . . . . . . . . . . . . . . Sig~~tureisi . , . , . . . . . . . . . . . . . . , . . . . . I Y ; M! 0 . . . . . . PN,rl\~:J:O. flX,QnQ , , . . . . . . . , . . . . . . . . , . . " .."......,.......,.."..,...... 1. . . . . ,;, , . 1 . , . ...............................,...."... '" ~.e:r::.., .~l.-~:?~~,..,.. ,.1!~~~7. :~1 A.D. GNaDNER, Assistanti !' , " . . . . , .. . . . . . . . . , . . . . . . . . . , . . . . . , . . . . . . , . . . " ,.,.,.,'"..,.,....... ~~.~r:~t?,r.y:, , . , . ,L ' . I ' . . I have authority to 1 :' bind the Corporation I !! ) spouse(s, 0' Trans'eror(l) I hereby consent to~hjs transaction Name(s) Signature(s) Dale of Signature Y M 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . I . I , I : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,t. . . . . .:. . . I I ') Tranl'eror(l) Address . ~rS.Nk. 700 University Avenue, Toronto, Ontar1o M5G lX6 i , , , , , , , :. . . , . j , t) Tranll.reeCI) Date of Blnh y M 0 I THE CORPORATION OF THE TOWN OF NEWCASTLE ! i! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . , . . . . 1 . . . . . .,. . . I . . , , I :: t I: . . . . . . . . . . . . . . . . . . . ,. . ,. . . . ,. . . . . ,. . ,. . ,. . . . . . ,. ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j . . . . . .:. . . : . . . , I .: : I: J f I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . i. . . f . . . ,; i! , I I I' ) Trllf'llferee(l. Addntss ~rh~. 40 Temperance Street, Bowmanville, Ontario LIC 3AG (13) Tran,ferori') The Iransleror verifies that 10 the best 0' the transferor's knowledge and belief. this transfer does not contravene section 49 oflhe Planning Act. 1983. Date 0' Signature Date 01 Signature Y M 0 ,Y M 0 : I' I I I: Signature. . . . . . . . . . , . . . , . , . , . . , . , .1. . . . . .'. . , !, , .! Signature.,.".,...,.,..,....."." J. . . , . ,!. . . j. . . , Soffcltor 'or Tranll.ro,{.)' have explained the effecl 01 section 49 0' the Planning Act. 1983 to the transferor and I have made Inquiries 0' the transferor 10 determine that this trans'er does not contravene that section and based on the informallon supplied by the transleror. to the best 01 my knowledge and belief. this trans'er does not contravene that section. I am an Ontario solicitor in good standing, Date 0' Signature Name and I Y 1M, 0 Address 01 I I i Solicitor Signature. . . . . , . . . . . . . . . . . . . . . . . . . . .' . . . . . ,!. . . '. . . , :11 t~w II- ! ~!~ 'il (f4) SoIIcftor for TrlinlfefM(.) f have Investigated the title to this Illnd and to abulllng land where relevant and I 8m sallsfled th8t the tllle records reveal no contravention as set out in subcl8use 49 (218) (c) (Ii) 0' Ihe Planning Act. 1983 and that to the best of my knowledge and belle' this trans'er does not conrravene section 49 0' the Planning Act 1983, lacllndependenlly 0' the solicitor 'or rhe trans'eror(s) and lam an Ontario soIlciror in good standing, NlUTle and Addresa of SoIIcllor Slgnarure. , . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature Y M 0 1......1...,.... I ~.R~INu~r I Cty, Mun'j Map ! Sub. I Per. I I" F... and Ta. 01 Proper1J' I not assigned ~ ~d-- I Z RegllltraUon Fee . Munlcfp" AdcIreu of Property (17) Document Prep.tI," by: 0 - , R.A. Wise, Solicitor w llnd Trlnel.r rIll N,L- en . ~ot assigned :J , Law Divisiol1 fj Ontario Hydro ir 700 University Ave. H18-P27 I&. 0 Torontoc onta.rio MSG lX6 'a: . ' '9 _TAJi....a...- f' ~~ ~- - --~.._.- ~_.- PrOVInce of OtltlfOO Schedule s . ,...., - ~ ~ l~ ....&11 ~ Jd.. ~ ~- p~ ,.,... ~.) M6'or Other lnIoI.uodoft The Transferor transfers to the Transferee, its successors, assigns and invitees, the free, uninterrupted and unobstructed right and easement in common with all others entitled thereto, over, along and across the lands herein described: a) at all times, for public pedestrian access, and b) from May to October in each year, for the Transferee's maintenance vehicles, for the purpose of access to the Cemetery located on Parts 1, 4 and 7 , Plan lOR-3362 subj ect to the right of the Transferor, its successors and assigns to erect, maintain, operate, repair, replace, relocate, reconstruct and remove at any time, electrical transmission lines and any other structures which the Transferor may desire which do not materially interfere with access to the said Cemetery. T116 ge"'GI=ITT//I/~ ~4/VJ:5" 'P>61A1tj IA~ eeL 35 -7 ~€. c T I()I/I cO /II-I , Be lIVe. t1,4 1fT or (,. cJ'T' 3~ COA'Cf:SS/,O/{,l/ ~e /If/a t141f'1S " LI ~ I},p~ -, ()/1/ ff~,'J/. ItJ/f-336Z. Form 1 - land Transfer Tax Act Affidavit of Residence and of Value of the Consideration Refer to all instructions on reverse side, LhE ',II\lflH'.1 co 1I1.~ITEO ~')'n' tl? ~)OO (Amended Aug, I, 198~ MATTER OF THE CONVEYANCE OF (insertbriefdescripliono"and) _l"U:_t..Lot,;35, CC)t1ce$sion 1. Town of Newca~JJ..e natad as Part 6 on Reference Plan lOR 3362 BY (print names of all/ransferors In full) Ontario Hydro TO (see ins/rue/ion 1 and prin/ names of Blllransferees in full) The C~oration _()J__tJ:tc_ _Tml1n of_t-Jg"",<::,~s tJE::!_,_ I, (see ins/rue/Jon 2 and print name(s) in full) Nicholas T. Macos !IIAKE OATH AND SAY THAT: 1, I am (place a clear marlc wi/hin /he square opposi/e /ha/ one of /he following paragraphs Ihal describes Ihe capacIty of Ihe deponen/(s)): (see inslruction 2) o o o I!I (a) A person in trust for whom the land conveyed in the above,described conveyance is being conveyed; (b) A trustee named in the above,described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; (d) TheXYllK*~~:ll)Xsolicitor acting in this transaction for (insert name(s) of principal(s)) The Corporation of the Town of Newcastle o described in paragraph(sl (aI, (bl, lcl above; (slrike ouf relerences 10 inapplicable paragraphs) (e) The President. V ice.President, Manager, Secretary, Director, or Treasurer authori?ed to act for (insert name(s) of corporation(s)) described in paragraph(s) (a), (bl, (c) above; (slrike oul references 10 inapplicable paragraphs) o (f) A transferee described in paragraph! ) (insert only one of paragraph (a). (b) or (c) above, as applicable) and am mak ing this affidavit on my own behalf and tJn behalf of (insfllt name of spouse) who is my spouse described in paragraph ( I (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to, t (To be completed whe", the vafue of the conalderatlon for the conveyance exc"NII '250.000). I have read and considered the definition of "single family residence" set out in clause 1 (1) (ja) of the Act, The land conveyed in the above,described conveyance o contains at least one and not more than two single family residences, o does not contain a single family residence, o contains more than two single family residences, (see instruction 3) Note: Clause 2(1) (d) imposes an addilionallax al the rale 01 one,hall 01 one per cenl upon the value of consideration in excess of $250,000 where the conveyance contains al least one and not more than two single family residences, 3. I have read and considered the definitions of "non,resident corporation" and "non.resirfmlllJf?rSon" set oul respectively in clauses 1 (1) (f) and (g) of lh'! Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above,described conveyance is a "non,resident corporal ion" or a "non-resident person" as set out in the Act. (see insrruclions 4 and 5) None All Blanks t THE .TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: $ 2.00 Nil $ ------ Nil $ --'----, Nil $ ------- $ Nil S~!l $ Nil (al Monies paid or to be paid in cash , , , , " "'," (bl Mortgages (il Assumed (show principal and interest to be credited against purchase price) (iil Given back to vendor , , , , , , , (c) Property transferred in exchange (detail below) " (dl Securities transferred to the value of (detail below) (el Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (derail below) Musl Be Filled In, (gl VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT 10 LAND TRANSFER TAX (Total of (a) to (f)) (hI VALUE OF ALL CHATTELS. items of tangible personal property (Retail Sales Tax is payable on the vsJue of all challels unless exempr under the provisions of the "Retail Sales Tax Ac/", R,S,O, t980, c.454. as amended) . . , iiI Other consideration for transaction not included in (g) or (hI above (j) TOTAL CONSIDERATION "",' Insert . Nil" $ 2.00 $ 2.00 Where Applic able, $ $ $ Nil Nil 2.00 i. If consideration is nominal, describe relationship between transferor and transferee and Slate purpose of conveyance, (see inslruction 5) j, If the consideration is nominal, is the land subject to any encumbrance 7 '. Other remarks and explanations, if necessary, 5worn before me at the City of Toronto in the Municipality of Metropolitan Toronto this Jr~ day of ()~~ 1989 ~~ ( ~ -"7-;7 7-,~ II. Commissioner for tak ing Affidavits. etc, slgnarure(s) Property Information Record 11.. Describe nature of instrument: Transfer of Right-of-Way 1. (i) Address of property being conveyed (il available) not assigned Iii) Assessment Roll No, (if available) Mailing address(esl for future Notices of Assessment under the Assessment Act for propmty being conveyed (see ins/rucrion 7) N/A ), iii Registration number for last conveyance of property being conveyed (if available) liil Legal description of property conveyed: Same as in D,(j) above, Yes D Name(s) and address(es) of each transferee's solicitor Shibley, Righton & McCutcheon Barristers & Solicitor~ Suite 1800, 401 Bay Street Toronto, Ontario MSH 2Zl Attention: Mr. Dennis Hefferon NoD Not known 0 For Land Registry Office use only REGISTRATION NO, Land Registry Off ice No, Regislration Date ~.o.- rJ~ ~. . A ,.. t - ..... II... Llln ....... Mt. till , J NUMBER NL 2?,863 CERTIFICATE OF RHEiPT CJ) '.JII'''' ... ..1(1) LAM~ at CI) ,., of 3 Block P\~ ~ (') ........, 0 AddIIiDNt s.. SctlelIuII ~ (4) eon.IA-.aIIoft ~ :!lJ:I:IT 001.... S :;. . ~ Property o Consolidation 0 g '" ~ ~ it a New Property Identifiers ! r Del 4 9 149 AM ~89 ASS. DEP, LAND REGISTRAR NEWCASTLE No, 1 0 Bn"V~1 ~ NV'Ltt Aclditional: See Senedule (5) o..crtptlon This IS a PrcJClerty DivISIon Part of Parcel 35-9 Section JD, Conc. 1 designated as Pt~ 2&3, Plan lOR- 3362 , Town of Newcastle (Clarke) Regional Municipality of Durham o Land Titles Division of Newcastle (No. 10) Being Part of Lot 35, Concession 1, Township of Clarke. l.ecuIIonI Additional' See Schedule o (I) Thts Document eon... (al Redescnption New Easement Plan/Sketch o (b) Schedule for Description 0 Additional Parties 0 Other [1g (7) In......tlE..... T,..,.fenwd _SlDlOlllC Easement (I) T,....rore.. The transferor hereby transfers the land to the transferee and certifies that the transferor IS at least eighteen years old and that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........... ;..am.i(sl' , , , , , , , , . , , . , , , , , , , . , , . , . , , , , , , ' , , , , , , , , Sig;,at~reisi ' , , , . , , , , , , , . , , , , , , , , , , , , . , . . , , ON,'r1\.~:l:O. WlPR,Q , , , . , , , , , , , , , , , , ' , , , , , , Date of SignatIJre y M 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , """"'~""'."."""""""i"",,('" , ?,~~ ~ , , , " ""~,.," ,1, ~r.~~ ~T :Lf A.D. G NER, Assistan~ : , , . , , , , , ' , . , . , , , , , , , , ,?~,~r;~~~,r:i1, , , , , .!, , . , ' , , I have authority to bind the Cor oration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (') SpouseC.. of TransferOf'(s) I hereby consent to this transaction Name(s) Signature(sl Date of SignatL.'~ y M ~ < . ' o . . . . . . . 0 0 . . . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . ;... : . ,. , " , " . . . . . . . . . .00. . 0 0 . . . . . . . . . . 000. . . . . . . . 0 . . . 00' (10) TrwtSteror(.. Add..... lor ServIce (11) TrMSferee(S) 700 University Avenue, Toronto, Ontario MSG lX6 Date of Birth Y M . . . .+I:l~. ~9~~Q~';r~,q~ ,Q~, ';r~;E, ,~Q~, PE: ,~~~C;~';r,~~, , . , , , , , , , , , , , , . , , , . , , , , , , , , . . . . . 0 0,0 . . I. . . . 0 . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I , , , . , , , . . '. 'i i i o' . 0 . . . . . . . 0 . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0. . . ... . . . . . . . . (12) T.......... Address kwServlce 40 Temperance Street, Bowmanville, Ontario L1C 3A6 ~ ~ J _ .i~i f .1011- ..P.I .';; -~J " :i (13) T,..'eror(.. The transferor verifies that to the best of the transferor's knowledge and belief, thiS transfer does not contravene section 49 of :l"e Planning Act, 1983, Date of Signature Date of Signatl..~ Y ,M, 0, Y . M : Signature. , , , , . , , , . , , . . , , , , , , , , . . .:. , , , , ,:, . , j , , .! Signature""",.,..".",."""" ,: , , , , . ,!, , , ; , , , , SoIIdIDr kw TrMSferor(.. I have explained the effect of section 49 of the Planning Act, 1983 to the transferor and I have made inquiries of the transferor to determine that this transfer doeS not contravene th~ section and based on ~he information supc?lied by the transferor. to the best of my knowledge and belief. this transfer dOeS not contravene that sectIon, I am an Ontar,o solICItor In good standing. Date of Signature Nameand : Y ~ M, 0 AddnIu of ' : :: Soticitor Signature, , , , , . , , , ' , , . , , , , , , , , , , , . , .. , . , . , ,', , . ,: . , , , (14) SolIcItor kw T............. I have Investigated the title to this land and to abutting land where relevant and I am satisfied that the title recordS reveal no contravention as set out in subclause 49 (21al (cl (ii) of the Planning Act. 1983 and that to the best of my knowledge and belief thIS transfer does not contravene section 49 of the Planning Act 1983, I act independently of the solicItor for the transferor(s) and I am an Ontano soliCitor in good standing, Name and AddresS of Soficitor Date of Signature Y M : Signature, , ('5) _lament Hal Number . ClY of Property (11) IIunIcIpeI "*"- of PraperIy Not assigned Mun, ; Mao ~ Sub : Par > ~ ~I Registration Fee ~ Land Transfer Tax :;)1 ~l it: ,,"' 01 <<: ~, Fees and Tax f not assi ned (17) Document PrepaNd by: R.A. Wise, Solicitor Law Division Ontario Hydro 700 university Ave. H18-F27 Toronto, Ontario MSG lX6 d.:K- NIL TotII , 1017311~) .. , '~:....o .... ....vw __~~._ s ,_ . - ..... II ~I L .,11........ Act. ... . 'r'""\ . ~'..-.;: ,. ,. 2 ... ,. r AllI...JIIII '.41 ~ ....11(.' MIll. 0tMr InIonR.IIafi The Transferor transfers to the Transferee, its successors, assigns and invitees, the free, uninterrupted and unobstructed right and easement in common with all others entitled thereto, over, along and across the lands herein described for the purpose of public pedestrian access to the cemetery located on Parts J...-Uil Plan lOR 1102 ~ subject to the right of the Transferor, its successors and assigns to erect, maintain, operate, repair, replace, relocate, reconstruct and remove at any time, electrical transmission lines and any other structures which the Trans feror may desire which do not materially interfere with access to the said Cemetery. The right and easement herein granted shall terminate and be automatically released, upon the opening of the portion of the road allowance between the Townships of Darlington and Clarke running from the southwest corner of Part 7, Plan lOR-1330 to the southerly limit of the existing service road adjacent to Part 6 on the said Plan as a public highway. *the BENEFITTING LANDS being p8.~ l. : f Parcel 35-7, Section 10 (PAl I , being part of Lot 35, Concession l, being Parts l, 4 and 7 on Plan lOR-3362 ..... ~~ ~! ~~ tOt 78112110I) , ~ ~. ~....,,; .~ Form 1 . land Transfer Tax Act Affidavit of Residence and of Value of the Consideration Refer to all instructions on reverse side, DYE & DURHAM co, LIMITED Form No. 500 (Amended Aug, 1, 1986) 3 IN THE MATTER OF THE CONVEYANCE OF (msertbnefdescnptlonofland) Part Lot 35, Conc,ession 1. Town of Newcastle destgnated as Parts 2. 3 a - - on Reference Plan 10R-3362 BY (print names of all transferors in full) Ontario Hydro TO (see instruction 1 and print namss of all transferees in full) The Corporation of the Town of Newcastle I, (sse instruction 2 and print name(s) in lull) Nicholas T. Macos MAKE OATH AND SAY THAT: 1, I a m (place a clear mat1< within the square opposite that one of the foflowing paragraphs that describes the capaCity of the deponent(s)): (sse instruction 2) o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above,described conveyance to whom the land is being conveyed; o (c) A transferee named in the above,described conveyance; lID (d) The~Kal':K~~solicitor acting in this transaction for (insert nsrne(s) of principal(s)) The Corporation of the Town of Newcastle described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) o (e) The President, Vice.President, Manager, Secretary, Director, or Treasurer authorized to act for (insert name(s) of corporation(s)) described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs) D (f) A transferee described in paragraph( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on behalf of (insert name of spouse) who is my spouse described in paragraph ( ) (insert only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge of the facts herein deposed to, 2, (To be compllftell whlfrlf tllff ""luff of tllff coMldlfratlon for thlf convlfYlfnc. .xClflfds $250,000). I have read and considered thedefinition of "single family residence" set out in clause 1 (1) (ja) of the Act, The land conveyed in the above.described conveyance D containsat least one and not more than two single family residences, D o does not contain a single family residence, contains more than two single family residences, (see instruction 3) Note: Clause 2(1) (d) imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of $250,000 where the conveyance contains at least one and not more than two single family residences, 3, I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above.described conveyance is a "non,resident corporation" or a "non-resident person" as set out in the Act, (see instructions 4 and 5) None 4, THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash , $ (b) Mortgages (i) Assumed (show principal and interest to be cradited against purchase price) $ (ii) Given back to vendor , $ (c) Property transferred in exchange (detail below) $ (d) Securities transferred to the value of (detail below) $ (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $ (f) Other valuable consideration subject to land transfer tax (detail below) $ (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFE R TAX (Total of (a) to (f)) , , ' , , , , , (h) VALUE OF ALL CHATTE LS . items of tangible personal property (Retail Sales Tax is payable on the value of all chattels unless exempt under the provisions of the "Retail Sales Tax Act", R,S.O, 1980, c,454, as amended) , ' . (i) Other consideration for transaction not included in (g) or (h) above 2.00 Nil Nil Nil Nil Nil Nil All Blanks Must Be Filled In, Insert" Nil" $ 2.00 $ 2.00 Where Applicable, (j) TOTAL CONSIDERATION $ $ $ Nil Nil 2.00 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance, (see instruction 6) 6, If the consideration is nominal, is the land subject to any encumbrance7 7, Other remarks and explanations. if necessary, Sworn before me at the Ci ty of Toronto in the Municipality of Metropolitan Toronto this J-rd.. day of ()~~ 19 89 ~~ ~~7~ A Commissioner for taking Affidavits, etc, signatura(s) A, B, Property Information Record Describe nature of instrument Transfer of Right-of-Way (j) Address of property being conveyed (if available) not assigned C, (ii) Assessment Roll No, (if available) Mailing address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) N/A 0, (i) Registration number for last conveyance of property being conveyed (il available) (ii) Legal description of property conveyed: Same as in D,(j) above, Yes D Name(s) and address(es) of each transferee's solicitor Shibley, Righton & McCutchpon Barristers & So]icitor~ Suite ]800, 401 Ray Strppt Toronto, Ontario M5H 2Z1 Attention: Mr. Dennis Hefferon NoD Not known 0 E, For Land Registry Office use only REGISTRATION NO, Land Registry Office No, Registration Date Instructions 1, Where any transferee (other than a joint tenant) is taking less than the whole interest in the property being acquired, then the percentage ownership of each such transferee must be clearly indicated beside his/her respective name, 2, (i) It should be noted that if all deponents are not entitled to mark the same square in paragraph 1 of the Affidavit, then more than one Affidavit will be required, Only those deponents who are entitled to mark the same square in paragraph 1 may swear the same Affidavit. (ii) This Affidavit is required to be made by each transferee named in the conveyance, by each person in trust for whom the land conveyed in the conveyance described is being conveyed and by each trustee named in the conveyance to whom the land is conveyed, (ijj) However, any of the transferees may have the Affidavit made on his behalf by an agent authorized in writing to make the Affidavit or by his solicitor. (See clause (d) of paragraph 1 of Affidavit,) (iv) The Affidavit for a transferee that is a corporation may be made by its President, Vice.President, Manager, Secretary, Director or Treasurer, (See clause (e) of paragraph 1 of Affida' vit,) (v) Where transferees are married to each other, either spouse may make the Affidavit on behalf of him/her~elf and the other, (See clause (f) of paragraph 1 of Affidavit.) 3. Extract of clause 1 (1 )(ja) of the Act: (ja) "single family residence" means, (i) a unit or proposed unit under the Condominium Act, or (ii) a structure or part of a structure, that is designed for occupation as the residence of one family, including dependants or domestic employees of a member of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is situated is zoned for residential use, and "single family residence" includes any such residence that is to be constructed as part of the arrangement relating to a conveyance of land, but does not include any such residence constructed or to be constructed on agricultural land where the transferor with respect to the land conveyed meets the eligibility requirements for a farm tax reduction rebate contained in clause 4(b) or (c) of Ont- ario Regulation 716/83 made under the Ministry of Agri- culture and Food Act, 4, Note: Subsection 1(3) provides, inter alia, that an individual shall be considered to be "ordinarily resident in Canada" if, at the time the expression is being applied, he has sojourned in Canada during the next preceding twenty-four months for a period of, or periods the aggregate of which is 366 days or more, Extract of clauses 1 (1 )(f) and (g) of the Act: (f) "non.resident corporation" means a corporation incorpor- ated, formed or otherwise organized in Canada or elsewhere, (i) that has allotted and issued shares to wh ich are attached 50 per cent or more of the voting rights ordinarily exercis- able at meetings of the shareholders of the corporation and that are owned by one or more non.resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such one or more non- resident persons do not in fact directly or indirectly exer- cise control over the corporation and that subclause (v) does not apply to the corporation, (ii) that has allotted and issued shares to wh ich are attached 25 per cent or more of the voting rights ordinarily exercis- able at meetings of the shareholders of the corporation and that are owned by anyone non-resident person or by that person and one or more persons who are associates of that person and who are themselves non-resident persons, but this subclause does not apply where it is established to the satisfaction of the Minister that such non-resident person does not in fact directly or indirectly exercise control over ... , ... ,.... .. ..........,~ the corporation and that subclause (v) does not apply to the corporation, .. (iii) one-half or more of the directors of which, or of the persons occupying the position of director by whatever name called, are individuals who are non-resident persons, (iv) without share capital and one-half or more of the members of which are non-resident persons, (v) that is controlled directly or indirectly by one or more non-resident persons, including a non-resident corporation within the definition contained in the provisions of this clause other than this subclause, (vi) one-quarter or more of the paid.up capital of which is held by a non-resident person or by that person and one or more persons who are associates of that person and who are themselves non-resident persons, (vii) one.half or more of the paid-up capital of which is held by one or more non-resident persons, (viii) that would be required on dissolving, winding up, or any other distribution that is not a dividend, to distribute one.quarter or more of its surplus to a non-resident person or to that person and one or more persons who are assoc- iates of that person and who are themsel ves non,resident persons, or (ix) that would be required on dissolving. winding-up, or any other distribution of surplus that is not a dividend, to distribute one-half or more of its surplus to one or more non,resident persons, (g) "non-resident person" means, (i) an individual who is not ordinarily resident in Canada or who, if ordinarily resident in Canada, is neither a Canad. ian citizen nor an individual who has been lawfully ad- mitted to Canada for permanent residence in Canada, (ii) a partnership, syndicate. association or other organiza- tion of whatsoever kind of which one-half or more of the members are non-resident persons within the meaning of subclause (i), (iii) or (iv) or in which interests representing in value 50 per cent or more of the total value of the pro- perty of such partnership, syndicate, association or other organization are beneficially owned by non.resident persons within the meaning of subclause (ii, (iii) or (ivl, (iii) a trust in which non-resident persons within the mean- ing of subclause (i l. (ii) or (iv) have 50 per cent or more of the beneficial interests in the corpus of the trust or in the income arising therefrom, and "trust" includes the trustees under such a trust in their capacity as the trustees thereof, or (iv) a non-resident corporation, 5. Insert the name and place of residence - or in the case of a corp, oration, the place of incorporation - of any transferee who is a non-resident person, If space is insufficient, attach a list of those transferees who are non-resident persons, If none of the trans. ferees is non-resident, insert 'none'. Note: Where the person named in the instrument as grantee is taking title on behalf of another person(s), the residency status to be recited must be that of the person or persons who are the beneficial owners of the land . not that of the grantee named in the instrument. This applies regardless of whether the trustee or nominee capacity of the grantee named in the instrument is in. dicated on the instrument, 6. Explain purpose of transfer: natural love and affection, pur. suant to court order, separation agreement, etc, 7, Insert mailing address(es) where municipal assessment notices for property being conveyed are to be forwarded after closing of this transaction. NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGISTRATION, ONE UNATTACHED, COMPLETED COpy MUST BE TEND- ERED TO THE LAND REGISTRAR AT THE TIME Of REGIST. RATION, \, '1> ~. Moore~McLean CORPORATE INSURANCE LTD, 17 TORONTO STREET, SUITE 202, TORONTO, ONTARIO M5C 2R1 TELEPHONE (4161 364-4000 I::ERTIF~C.ATE OF INSpRANCE This is to certify to THE CORPORATION OF THE TOWN OF NEWCASTLE ~\ND ONTARIO HYDRO, 700 UNIVERSTIY AVENUE, TORONTO, ONTAR M5G lX6 that the fol1owinQ policv(sJ in force t::=over. as shown beiowt - t.his date has been effect.ed to NAME OF INSURED: WITH RESPECT TO: RIDGE PINE PARK INC. PROPERTY AT LOTS 29-32, CONC, 1. NEWCASTLE INCL. I.-SHAPE STRIP DESIGNATED AS PARTS 2.3.6, O,N PLAN lOR-3362, LOT 35, CONC. 1. NEWCASTLE. TYPE POLICY NO. INSURER &XPIRY LIMIT General 28815 t!labil i ty U.S. FIRE INS, CO. DEC. 1/89 S1.000.000, Bodily jury to one or more persons or damaqe to property ari inq from anyone occurrence Additional Insuredst Ontario Hydro The Con,mra t: Ie the Town of Umbr'ella 5234216992 Liabilit.y U.S, FIRE INS. CO. DEC. 1/89 $H).OOO.OO()~Each Occurri:mce Umbrella 7909 8027 Liabi.llty CHUBB INS. DEC. 1/89 9.000.000. Each (:urrenc:e i.nSUf.'aOCf.? the cOl'n- ass19n- I'h1s Certificate is for informat.ion on ly. It. 115 not ,::i contract', of but. attes that a 11ey, as numbered here been is pany(s). Said. polley is subject change by endorsement. and to . and to cancell ion in accordance th its terms. Da.te: SEPTEMBER 7, 989 .. '" ~.'~ "':~' l;, COMPREt1ENSIVE GENERAL LIABILITY COVEAAGE RIDER Attached to and forming pan of this PolicV #28815 ADDITIONAL DECLARATIONS ""efollowing discloses all hazards insured hereunder known to exist at the effective date of this policV, unless otherwise stated herein. SCHEDULE The insurance afforded is onlv with respect to such of the following Coverages as are indicated bV specific premium charge or charges, The limit of the Insurer's liability against each such Coverage shall be as stated herein, Subject to all the terms of this policy having reference thereto, \ Coverages Limits of Liability Advance Premium bodilV injury , A. BodilV Injurv Liability 1,000,000. each occurrence $ f nclusive and $ Propenv damage Limit B. Property Damage Liability each accident $ 1,000,000. aggregate Minimum Premium; $ Total Advance Premium $ R.ates Advance Premium De$Cription of Hazards Premium B_s .. B.I. P.O. B./. P.p. Premises - Operations (List all locations owned, (al Area (sq, It,) (a) Per 100 sq, ft. of Area rented or controlled bV Named Insured stating (b) Remuneration (b) Per $1000, Remuneration interest as owner, lessee or tenant ,) (cl Receipts (c) Per $1000. of Receipts (d) (d) PROPERTY OWNERS A.~ CON'l'RACTORS LOCATIONS AS PER SCHEDULE ON :r"ILE ~lITH THE INSURER INDUSTRIAL BUILDINGS incl. AP ART!4EN'l' BUILDINGS inel. RETIRE..'4i.:NT CENTRE3 inc 1. Elevators (Describe) Number Per Elevator COVERED, IF ANY Independent Contractors (Let or Sub.let work) Cost of Work Per $1,000 of Cost of Work , COVERED, IF ANY Products (Including Completed Operations) Sales/Receipts Per $1,000 '. I COVli.:RED CONSTRUCTION . , iDe l. incl. Endorsements PLUS 10 P.O. OED. $250 CROSS LIABILITY ENDIT. AIRCRAFT PRODUCTS EJ.;CLUSION PROFESSIONAL EXCLUSION .. --. - 4(:1-84 7-8~ II .(7, \ I INSURING AGREEMENTS '.. -' l I.' Cl.Iverllge A - BodilV Injury Liebt...r__ 'To pay on behalf of the Insur.ed all sums which the Insured shall become legally obligated to pay as damages because of bodily injury. Co'Verage B - Property Damage Liability To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of property damage caused by accident. II. Defence - Setttement- Supplementary Payments As respects insurance afforded by this policy, the Insurer shall: (1) defend in the name and on behalf of the Insured and at the cost of the Insurer any civil action which may at any time be brought against the Insured on account of such bodily injury or property damage but the Insurer shall have the right to make such investi- gation. negotiation and settlement of any claim as may be deemed expedient by the Insurer; (2) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, but without eny obligation to apply for or furnish such bonds; (3) pay all costs taxed against the Insured in any civi' action defended by the ''''surer and any interest accruing after entry of judg- mendor, in those jurisdictions where ,statute prescribes interest from some other date, from such prescribed date) upon that part of the judgment which is within the limits of the Insurer's liability; (4) pay expenses incurred by the Insured for such immediate medical and surgical relief to others as shall be imperative at the time of accident; (5) pay reasonable expenses incurred by the Insured at the Insurer's request in assisting the Insurer in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25, perday. The amounts so incurred except settlement of claims or suits are payable in addition to the applicable limits of liability, 11,1. Persons Insured Each of the following is an Insured under this insurance to the extent set forth below: (1) if the Named Insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor; (2) if the Named Insured is designated in the declarations as a partnership or jOint venture, the partnership or jOint venture so designated and any partner or member thereof but only with respect to his liability as such; (3) if the Named Insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (4) any person (other than an employee of the Named Insured) or organization while acting as real estate manager for the Named In. sured, This insurance does not apply to bodily injury or p~operty damage arising out of the conduct of any partnership or joint venture of which the Insured is a partner or member and which is not designated in this policy as a Named Insured, IV. Policy Territory This insurance applies only to bodily injury and property damage which occurs within the policy territory. EXCLUSIONS This insurance does not apply to: (a) liability assumed by the Insured under any contract or agreement except an incidental contract, but this exclusion does not apply to a warranty of fitness or quality of the Named Insured's products or a warranty that work performed by or on behalf of the Named Insured will be done in a workmanlike manner; '(b) bodily injury or prOparty damage arising out of the ownership, maintenance, use or operation by or on behalf of the Insured of any automobile; (c) bodily injury or property damage arising out of the ownership, maintenance, use, operation, loading or unloading by or on behalf of the Insured of any watercraft, but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled.by the Named Insured; fd) (1) bodily injury or property damage arising out of the ownership, maintenance, use, operation, loading or unloading by Or on behalf of the Insured of (j) any aircraft, or liil any air cushion vehicle; (2) bodily injury or property damage arising out of the ownership, existence, use or operation by or on behalf of the Insured of any premises for the purpose of an airport or. aircraft landing strip and all operations necessary or incidental thereto; (e) bodily injury to any employee of the Insured arising out of and in the course of his employment by the Insured, but this exclusion does not apply to liability assumed by the Insured under an incidental contract; (f) any obligation for which the Insured or his Insurer may be held liable under any workmen's compensation law; (g) bodily injury caused intentionally by or at the direction of the Insured; (h) propertY damage to (1) property owned or occupied by or rented to the Insured, or (2) property used by the Insured, or (3) property in the care, custody or control of the Insured or property as to which the Insured is for any purpose exerCising physical control, or (4) any personal property or any fixtures as the result of any work performed thereon by the Insured or anyone on his behalf; but part (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this ex- clusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, or rented to or controlled by the Named Insured; iii property damage to the 'Named I nsured's products arising out of such products or any part of such products; /j) property damage to work performed by or on behalf of the Named Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (k) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or latk of performance by or on behalf of the Named Insured of any contract or agreement, or (2) the failure of the Named Insured's products or work performed by or on behalf of the Named Insured to meet the level of perfor- mance, quality, fitness or durability warrented or represented by the Named Insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the Named Insured's products or work performed by or on behalf of the Named Insured after such products or work have been put to use by any person or organization other than an Insured; (J) expenses incurred for the withdrawal, inspection. repair. replacement, or amounts claimed for loss of use of the Named Insured's products or work completed by or for the Named Insured or of any property of which such products or work form apart, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (m) bodily injury or property damage due to war, invasion, act of foreign enemy, hostilities (whether war be declared or notl, civil war, rebellion, revolution, insurrection or military power; (1'1) Nuclear Energy liabilitY - see exclusion herein; (0) Environmental Liability - see exclusion herein, 40-82 7-81 " ',' . , . . Regilrdless of the nu'mberof (11 I nsuredsonder this policy (2) persons or organizations who sustain~bodilY injury or property damage o~ (31 claims made or suits bn?ught on qccount of bodily injury or property damage, the Insurer's liability is limited as follows: 1, L<imits of Liability - Coverages A and B The inclusive limit of liability stated in the schedule as applicable to "bodily injury each occurrence property damage each accident" is the total limit of the Insurer's liability under Coverages A or B or Coverages A and B Combined for all damages, including damages for care and loss of services, arising out of bodily injury in anyone occurrence or property damage as a result of anyone accident or series of accidents arising OUt of one event, 2, Subject to the above provision respecting "bodily injury each occurrence property damage each accident" under Coverage A and B com, bined, the limit of bodily injury and property damage liability combined stated in the schedule as "aggregate" is the total limit of the Insurer's liability for all damages arising out of the products hazard and completed operations hazard in anyone period of twelve months terminating on the anniversary of the inception date of the policy, 3, All damages arising out of one lot of goods or products prepared or acqUired by the Named Insured or by another trading under his name, shall be considered as ariSing out of one occurrence as regards bodily injury liability and one accident as regards property damage liability, 4, For the purpose of determining the limit of the Insurer's liability, all bodily injury arising out of continuous or repeated exposure to sub. stantially the same general conditions shall be considered as arising out of one occurrence. LIMITS OF LIABILITY DESCRIPTION OF TERMS USED FOR PREMIUM BASES 1. "Area" means the square footage of the buildings to be insured excluding that portion of the basement used exclusively for storage or that portion of the premises used for heating or air conditioning plant purposes. "Cost of work" means the total cost of all operations performed for the Named Insured during the policy period by independent con. tractors, including materials used or delivered for use by whomsoever supplied, except maintenance or ordinary alterations and repairs on premises olll/ned or rented by the Named Insured. "Receipts" means the gross amount of money charged by the Named Insured for such operations as are rated on a receipts basis during the policy period, "Remuneration" means the total earnings during the policy period, for each owner, partner, executive officer or employee. "Sales" means the gross amount of money charged for all goods and products sold and distributed by the Named Insured or by others trading under his name during the policy period, 2, 3, 4. 5. \ DEFINITIONS When used in this policy (including endorsements forming a part hereof): "automobile" means any self-propelled land motor vehicle, trailers or semi-trailers while attached thereto or unattached (inCluding its equip- ment mounted on or attached thereto), other than any of the following or their trailers, accessories and equipment: (j) vehicles of the crawler type (other than motorized snow veh iclesl ; (ii) tractors (other than road transport tractors designed to haul trailers or semi-trailersl. road rollers, graders, scrapers, bulldozers, paving machines and concrete mixers (other than concrete mixers of the mix.in tr,lOsit type); Oii) Other construction machinery or equipment mounted on wheels but not self-propelled while not attached to any self-propelled land motor vehicle; (iv) self-propelled land motor vehicles used solely on the premises of the Insured, "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom. "completed operations hazard" includes bodily injury or property damage arising out of operations, but only if the bodily injury or property damage occurs aher such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Insured. Operations include materials, parts or equipment furnished in connection therewith, Operations shall be deemed completed at the earliest of the following times: iii when all operations to be performed by or on behalf of the Named Insured under the contract have been completed; (H) when all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed; (Hi! when the portion of the work out of which the bodily injury or property damage arises has been put to its intended use by any per- sons or organization other than another contractor or sub-contractor engaged in performing operations for a prinCipal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or defi- cienCy,but which are otherwise complete shall be deemed completed. The completed operations hazard shall not include: iii operations in connectiOn with the pick up and delivery of property; liil the existence of tools, uninstalled equipment or abandoned or unused materials, "elevator" means any hoisting or lowering deviceto connect floors or landings whether or not in service, and all appliances thereof, inCluding any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery, but shall not include: (j) dumbwaiters, the floor area of which does not exceed 9 square feet, and used exclusively for carrying property; Iii) hod or material hoists used in connection with alterations, construction or demolition operations; (Hil inclined conveyors used exclusively for carrying property; livl automobile servicing hoists. "Incidental Contract" means any written agreement which is a lease of premises, easement agreement. agreement required by municipal oreli- nance, sidetrack agreement or elevator maintenance agreement, "Insured" means any person or organization qualifying as an Insured in the "Persons Insured" provision of the applicable coverage rider. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Insurer's liability, "Named Insured" means the person or organization named in the declarations of this policy, "Named Insured's products" means goods or products manufactured, sold, handled or distributed by the Named Insured or by others trading under his name, inclUding any container thereof (other than a vehiclel, but shall not include a vending maChine or any property other than such container, rented to or located for use of others but not sold; "policy territory" means: Iii Canada or the United States of America, its territories or possessions, or nil anywhere in the wlJrld with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph Ii) above, provided suit for such damages is brought within such territory, "products hazard" includes bodily injury and property damage arising out of the Named Insured's products but Only if such bodily injury or property damage occurs away from premises owned by or rented to the Named Insured and after physical possession of such products has been relinquished to others, "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an accident occurring during the policy period, ENVIRONMENTAL LIABILITY EXCLUSION It is agreed that the insurance does not apply to bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapours, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water of any description no matter where located or how contained, or into any watercourse, drainage or sewage system, but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. -~ PLUS -10 ENDORSEMEN- -- It is agreed that this endorsement 1T\0difies such insurance as is afforded by the provisions of the pOlicy relating to Liability Insurance, I. CONTRACTUAL LIABILITY AMENDED DEFINITION 1. The definition of. "incidental contract" is amended to read as follows: "incidental contract" means, (a) any written agreement which is a lease of premises, easement agreement, agreement required by municipal ordinance, sidetrack agreement or elevator maintenance agreement. (b) any other agreement assuming the liability of others except agreements wherein the Insured has assumed liability for the sole negli. gence of his indemnitee. ADDITIONAL EXCLUSION 2. The insurance afforded by this endorsement does not apply, if the Insured or his indemnitee is an architect, engineer or surveyor, to bodily injury or property damage arising out of the rendering of or failure to render professional services by such Insured or indem. nitee, including (a) the preparation or approval of maps, plans, opinions, reports, surveys, designs or spacifications and (b) supervisory, , inspection .orengineering services, but this exclusion does not apply to any of the following agreements: a lease of premises, easement agreement, agreement required by municipal ordinance, sidetrack agreement, or elevator maintenance agreement, II. ADDITIONAL INSURED - EMPLOYEES With respect to such insurance, as is afforded by the pOlicy for Bodily Injury Liability and for Property Damage Liability the unqualified word "Insured" also includes any employee of the Named Insured while acting within the scope of his duties as such, subject to the following addi- tional exclusions: The Insurance afforded to any such employee does not apply: 1. to bodily injury SUstained by, (a) another employee of the Named Insured arising out of or in the course of his employment or, (bl the Named Insured or, if the Named Insured is a partnership or joint venture, any partner or member thereof or. (cl any person who at the time of the injury is entitled to benefits under any Workmen's Compensation Law, 2. to Property damage to property owned, occupied or used by. rented to, in the care, custody or control of, Or over which physical control is being exercised for any purpose by (al another employee of the Named Insured or, Ib) the Named Insured or, if the Named Insured is a partnership or joint venture, any partner or member thereof, 3. to bodily injury or property damage included in the Incidental Malpractice Liability coverage, III. PROPERTY DAMAGE - DEFINED OCCURRENCE BASIS ADDITIONAL DEFINITION When used in this policy !including endorsements forming a part thereot): "accident" includes continuous or repeated exposure to conditions which results in property damage neither expected nor intended from the standpoint of the Insured. LIMITS OF LIABILITY For the purpose of determining the limit of the Insurer's liability, all property damage ariSing out of a continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one accident, IV. BROAD FORM PROPERTY DAMAGE \ A. Exclusions (hI and (jI are replaced by the following exclusions (yl and (z): (y) Property Damage - 1. to property owned or occupied by or rented to the Insured. or, except with respect to the use of elevators, to property held by the Insu- red for sale or entrusted to the Insured for storage or safekeeping, 2. except with respect to liability under a written sidetrack agreement or the use of elevators, to (al property while on premises owned by or rented to the Insured for the purpose of having operations performed on such property by or on behalf of the Insured; lb) tools or equipment while being used by the Insured in performing his operations; (c) property in the custody of the Insured which is to be installed, erected or u.sed in construction by the Insured; (dl that particular part of any property, not on premises owned by or rented to the Insured: (i) upon which operations are being performed by or on behalf of the Insured at the time of the property damage arising out of ,such operations, or (ii) out of which any property damage arises, or (iij) the restoration, repair or replacement of which has been necessary by reason of faUlty workmanship thereon by or on behalf of the Insured: ~ 40-81 7/81 (zl with respect to the completed operations hazard, to property damage to work performed by the Named Insured arising out of the work or any POrtion thereof, or out of materials, parts or equipment furnished in connection therewith, B. The Insural\ce afforded by this endorsement shall be Excess insurance over any valid and collectible Property insurance (including any deductible portion thereofl available to the Insured, such as but not limited to Fire and Extended Coverage, Builder's Risk Coverage Or InstallationRisl< CoveraQe, and the Other Insurance Condition is amended accordingly. V. CONTINGENT EMPLOYER'S LIABILITY Exclusion (el is deleted and the follOwing substituted therefor: (e) bodily injury to any employee of the Insured arising OUt of and in the course of his employment by the Insured, but this exclusion does not apply to (j) liability assumed by the Insured under an incidental contract, or Iii I employees on whose behalf contributions are made by or required to bll made by the Insured under the provisions of any Workmen's Compensation Law in respect of whol11liabi/ity has been denied by any Workmen's Compensation authority, VI. INCIDENTAL MEDICAL MALPRACTICE LIABILITY The definition of Bodily Injury is amended to include Incidental Medical Malpractice Injury. Incidental Medical Malpractice Injury means injury ariSing out of rendering of or failure to render, during the pOlicy period, the fOllOWing services: A, medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of fOOd or beverages in connection therewith, or 13. the furnishing or dispensing of drugs Or medical, dental or surgical supplies or appliances. This coverage does not apply to: 1. expenses incurred by the Insured for first.aid to others at the time of all accident and the "SUPPlementary Payments" provision and the "Insured's duties in the Event of Occurrence, Claim or Suit" condition are amended accordingly; 2. any Insured engaged in the business or Occupation of prOViding any of the services described under VI IAI and 1131 above; 3. injury caused by an indemnitee if such indemnitee is engaged in. the business or OCcupation of providing any of the services described under VilA) and (13) above. VII. LIMITED WORLD-WIDE PRODUCTS LIABILITY The definition of "Policy Territory" with respect to Products Liability, if afforded by this pOlicy, is amended to mean: (j) Canada, or the United States of America, its territories or pOssessions, or liil anywhere in the world With respect to Bodily Injury or Property Damage, provided suit for such damages is brought within the territory described in paragraph Ii) above. VIII.PERSONAL INJURY LIABILITY The term "Bodily Injury" whenever used shall include injury ariSing out of: (a) false arrest, malicious prosecution or wilful detention or imprisonment; Ib) libel, slander or defamation of character; (c) inVasion of privacy, wrongful eviction or wrongful entry; Provided, however, that this coverage does not apply to: (a) liability assumed by the Insured under any contract or agreement; (b) injury caused by the wilfUl violation of a penal statute or ordinance committed by or with the knowledge or consent of the Insured; (c) acts committed in connection With advertising, broadcasting or telecasting by or in the interest of the Named Insured; Id) injury Sustained by any person who is either an employee of the Insured lor a registered student) at the time of the offence causing the injury, ~x. ADVERTISING LIABILITY Limit: of Liability: $10,000.00 Each Occurrence $10,000.00 Annual Aggregate The. Insurer will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damageS because of an injury sustained by any person Or organization and ariSing OUt of libel, slander, defamation, infringement of copyright, title or slOgan, piracy, unfair competition, idea, misappropriation or invasion Qf rights of privacy committed, or alleged to have been committed, in any advertisement, publicity artiCle, broadcast or telecast and resulting from the Insured's advertiSing activities. Exclusions This insurance does not apply: 1. to liability assumed by the Insured under any contract or agreement; 2. to liability for, , la) failure of performance of written contract; Ib} infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade ' name of goods or services sold, offered for sale or advertised; (cl incorrect descriPtion of any article or cC)mmodity; (d) mistake in advertised price. 3. to any Insured in the business of advertising, broadcasting, publishing or telecasting; 4. to any injury arising Out of any act committed by the Insured with ICtual malice. X. NON-OWNED WATERCRAFT COVERAGE EX4;:lusion Ie) does not apply with ,respect to Bodily Injury or Property Damage arising out of the maintenance operation or use inclUding load. ing Or unloading, of any watercraft under 16 meters in length, provided such watercraft is not owned by the Insured or is not being used to carry passengers for a charge. Itis further agreed that the insuranca afforded hereby shall be Excess Insuranca over any valid and collectible insurance available to the Insu. red. \ " NUCLEAR ENERGY LIABILITY EXCLUSI( , ' (APP~icable to all coverage riders other tFlan Comprehensive Personal liabilitY, Farmers Comprehensive Liability and Storekeepers Liability,) , ltis agreed that this policy does not apply: (a) to li"llbility imposed by or arising under the Nuclear LiabilitY Act: nor (b) to bodily injury or property damage with respect to which an Insured under this policy is also insured under a contract of nuclear energy liability insurance (whether the Insured in unnamed in such contract and whether or not it is legally enforcible by the Insured) issued by the Nuclear Insurance Association of Canada or any other insurer or group or pool of insurers or would be Insured under any such policy but for its termination upon exhaustion of its limit of liability; nor (e) to bodily injury or property damage resulting directly or indirectly from the nuclear energy hazard ariSing from: iii the ownership, maintenance, operation or use of a nuclear facilitY by or on behalf of an Insured; Oil the fumishing by an Insured of services. materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility; and (iij) the possession. consumption, use, handling, disposal or transportation of fissionable substances, or of other radioactive material (ex- cept radioactive isotopes, away from a nuclear facilitY, which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial or industrial purposel used, distributed, handled or sold by an Insured, As used in this policy: 1. The term "nuclear energy hazard" means the radioactive, toxic, explosive, or other hazardous properties of radioactive material; 2. The term "radioactive material" means uranium, thorium, plutonium, neptunium. their respective derivatives and compounds, radioactive isotopes of other elements and any other substllnces that the Atomic Energy Control Board may, by regulation, designated as being pre- scribed substances capable of releasing atomic energy, or as being requisite for the production. use, or application of atomic energy; 3, The terms "nuclear facility"means: (al any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium, thorium and uranium or anyone or more of them; (bl any equipment or device designed or used for iii separating the isotopes of plutonium, thorium and uranium or anyone or more of them, liil processing or utilizing spent fuel, or (jij) handling, processing or packaging radioactive waste; (c) anY equipment or device used for the processing, fabricating or alloying of plutonium. thorium or uranium enriched in the isotope uranium 233 or in the isotope uranium 235. or anyone or more of them if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235.; (dl any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste radioactive material; and includes the site on which any of the foregoing is located,together with all operations conducted thereon and all premises used for such operations. 4. The term "fissionable substance" means any prescribed substance that is. or from which can be obtained, a substance capable of releasing atomic energy by nuclear fission. This policy is subject to the terms and conditions set forth herein together with such other terms and conditions as may be endorsed hereon or added hereto, No term or condition of this poliCY shall be deemed to be waived in whole or in part by the Insurer unless the waiver is clearly expressed in writing signed by a person authorized for that purpose by the Insurer. SEE CONDITIONS ON REVERSE SIDE CONDITIONS Premium and Adjustment of Premiums:,,-" la) Unless othbrwise stated, the premium stated in the declarations is an estimated deposit ,premium only. Adjustment of premium shall be mad~ at least annually and for this purpose the pre- mium bases and rates shown in the declarations or in any endorsement attached hereto, shall be used in ascertaining the earl)ed premium with respect to the sPecific hazards mantioned herein, (b) tn the case of any hazards existing and covered under coverage riderlsl attached but not specified in the declarations, or in any endorsement, the earned premium with respect thereto shall be computed in accordance with the Insurer's rules, rates, rating p'a~ and minimum premiums applicable to such hazards, (c) Subject to the retention by the Insurer of the minimum pre- miumproVided for in the declarations, if the earned premium for this policy thus computed exceeds the estimated deposit premium paid, the Named Insured shall pay such excess to the Insurer; on the other hand, if the estimated deposit premium exceeds the earned premium, the Insurer shal./ return to the Named Insured such excess. Id) The. Named Insured shall' maintain for each hazard hereby insured against,a record of the information necessary for pre- mium' computation on the basis stated, and shall submit such record to the Insurer at the end of the policy period and at such other times during the policy period as the Insurer may direct, Inspection - Audit The Named Insured shall permit the Insurer to inspect the insured premis/!s, operations and elevators and to examine and audit the Named Insured's books and records at any time during the pOlicy periOd (and any eXtension thereof and within one year after the termination of this policy I, as far as they relate to the premium baSIS or the subject matter of this insurance. The Insurer assumes no responsibility and waives no rights by reason of such inspection, examination, audit or the omission thereof, Insured's Duties in the event of Accident, Occurrence, Claim or Suit: la' In the event of an accident or occurrence, written notice con. taining particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given prompt- ly by or for the Insured to the Insurer orany of its authorized agents. (bl If claim is, made or suit is brought against the Insured, the Insured shall immediately forward to the Insurer every writ, letter, document or advice received by him or his representative, Icl The Insured shall co-operate with the Insurer and, Upon the Insurer's request, assist in making settlements, in the conduct of suits and in enforCing any right of contribution or in- demnity against any person or organization who may be liable to the Insured because of injury or damage with respect to which insur;tnce is afforded under this policy; and the Insured Shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses, The In- sured shall not,. except at his own cost, voluntarily make any payment,assumeany obligation or incur any eXPenses other than for the first aid to others at the time of accident, Action against Insurer: No action shall lie againt the Insurer unless, as a condition pre- cedent thereto, there shall have been full compliance with all of the terms of this pOlicy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after ;tctual trial or by written agreement of the In- sured, the claimant and the'lnsurer, Every action or proceeding against the Insurer shall be commenced within one year next after the date of such jUdgment or written agreement and not after- wards. Nothing contained in this poliCY shall give any person or organization any right to join the Insurer as a co-defendant in any action against the Insured to determine the Insured's liability. BankrUPtcy or insOlvency of the Insured or of the Insured's estate shall not relieve the Insurer of any of its Obligations hereunder, Subrogation: In the event of any payment under this policy, the Insurer shall be subrogated to all the Insured's rights of recovery therefor against any person or Organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure Such rights. The Insured shall do nothing after loss to pre- judice such rights. Other Insurance: The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance, When this insurance is primary and the Insured has other insurance which is stat.ed to be applicable to the loss on an excess or contingent basis the amount of the Insurer's liability under this policy shall not be reduced by the existence of such other insurance, When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess Or contingent, the Insurer shall not be liable under this pOlicy for a greater proportion of the loss than that stated in the applicable 1, 2. 3. 4. \ 5. 6. contribution Provision below: (a) Contribution by Equal Shares: If all of such Other valid and collectible insurance provides for contribution by equal shares, this Insurer shall not be liable for a greater propOrtion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining in- surers then continue to contribute equal shares of the re- maining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. Ib) Contribution by Limits: If any of such other insurance does not prOVide for contribu- tion by equal shares, this Insurer shall not be liable for a greater proportion of such loss than the applicable limit of liability under this pOlicy for such loss bears to the total applic- able limit of liability of all valid and collectible insurance against such loss, 7. Changes: Notice to any agent or knowledge POssessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Insurer from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form. a part of this PO/icy, 8. Assignment: Assignment of interest under this policy shall not bind the Insurer until its consent is endorsed hereon; if, however, the Named In- sured shall die or be adjudged bankrUPt or insolvent within the policy period, this pOlicy, unless cancelled, shall, jf written notice be given to the Insurer within sixty days after the date of such death or adjudication, cover the Named Insured's legal representa- tive as the Named Insured, 9, Notice: Any written notice to the Insurer may be delivered at or sent by registered mail to the agent through whom this policy was issued or to any branch of the Insurer in Canada, Written notice may be given to the Named Insured by letter personally delivered to him or by registered letter addressed to him at his last post office address notified to the. Insurer; or where no address is notified and the address is not known, addressed to him at the post office of the agency, if any, from which the application was received, In this condition the expression "registered" shall mean registered within or without Canada, Notice to the first Named Insured shall consti- tute notice to aU Named Insureds. 10, Cancellation - Termination: (a) This policy may be terminated, {jJ by the Insurer giVing to the Named Insured 15 days' notice of termination by registered mail or 5 days' written notice of termination personally delivered; (ii) by the Named Insured atany time on request. (b) Where the pOlicy is terminated by the Insurer, IiI and where the premium is developed on other than an estimated basis, the Insurer will refund the excess of the paid premium for the time the policy has been in force, calculated pro rata, or (iil where the premium is developed by an estimated basis, the Insurer will refund the excess of the premium above the premium earned, when determined, (c) Where the policy is terminated by the Named Insured, Ii) and where the premium is developed on other than an estimated basis, the Insurer will refund the excess of the paid premium above the shOrt rate premium for the time the pOlicy has been in force calculated in accordance with the short rate premium table in use by the Insurer, subject to the retention of the minimum premium, if any, pro- vided by the pOlicy, or Iii I where the premium is developed by an estimated basis, the Insurer will refund the excess of the paid premium above the premium earned, when determined, subject to the retention of the minimum premium, if an~, provided by the pOlicy. (d) Refund of premium may be made by money, postal or express company money order or by cheque payable at par. (e) The fifteen days mentioned above in this condition commences to run on the day fOllOWing the receipt of the registered letter ilt the post office to which it is addressed, If) Premium adjustment may be made at the time cancellation is effected and if not then made shall be made as Soon as practic- able after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. 11. Declarations: By acceptance of this policy, the Named Insured agrees that the statements in the declarations are his agreements and representa. tions, that this policy is issued in reliance upon the truth of such representations and that this pOlicy embodies al/ agreements exist- ing between himself and the Insurer or any of its agents relating to this insurance. J' cru~ " ~81 of CIlIl8d8 Ltd. o HERALD INSURANCE COMPANY o UNITED STATES FIRE INSURANCE COMPANY This endorsement modifies such insurance as is afforded by the provisions of the policy including any rid~r coverage part or endorsement contained therein forming part of or attached thereto relating to the following: Comprehensive General Liability Insurance Premises, Property and Operations Liability Insuran~e Owners, Landlords and Tenants Liability Insurance Manufacturers and Contractors Liability Insurance Contractual Liability Insurance Owners and Contractors Protective Liability Insurance Comprehensive Business Liability Insurance Storekeepers Liability Insurance Farmers Liability Insurance Garage Liability Insurance Tenants Fire Legal Liability Insurance POLLUTION AND ENVIRONMENTAL LIABILITY EXCLUSION It is agreed that this insurance does not cover any liability for: A. "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: 1) At or from premises owned, rented or occupied by an Insured; 2) At or from any site or location used by or for an Insured or others for the handling, storage, disposal, processing or treatment of waste; 3) Which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for an Insured or a~y person or organization for whom the Insured may be legally responsible; or 4) At or from any site or location on which an Insured or any contractors or subcontractors working directly or indirectly on behalf of an Insured are performing operations: a) if the pollutants are brought on or to the site or location in connection with such operations; or b) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. \ B. Any loss, cost or expense arising out of any governmental direction or request that an Insured test for. monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. C. Fines, penalties, punitive or exemplary damages arising directly or indirectly out of the dis- charge, dispersal, release or escape of any pollutants. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, inCluding but not 11.mited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Except as otherwise provided in this endorsement ell terms and conditions of this PolicV shall remain unchanged. Authorized Representative 40-17 (12-85) f.' ' ..... '-..' 'd' <<rum .. Fol'8te' of Canede Ltd. C; HERALD INSURANCE COMPANY 0 UNITED STATES FIRE INSURANCE COMPANY POLWTION AND ENVIRONMENTAL LIABILITY EXCWSION AMENDING ENDORSEMENT It is agreed that the Pollution and Environmental Liability Exclusion attached to this policy does not apply to "Bodily Injury" or "Property Damage" caused by heat, smoke or fumes from a "hostile fira" As used in this exclusion, a "hostile fire" means one which becomes uncontrollable or breaks out where it was not intended to be. \ 40-331 8/86 ENDORSEMENT , ..OUCY NO. INSURED 28815 , RICE CONSTRUCTION COMPANY ~d l!l UNITED STATES FIRE INSURANCE COMPANY . LIMI'l'BD ; AFFILIATED ; ASSOC. 0 AqENCV JlIOC)RB-MCLEAN COlU'ORA'l'B IHStJRANCE L'l'D. ~, ON'tARIO ENOOFl,SEMENT EFFECTIVE DATE (noon standard time) PREMIUM NO, DBC:2MBBR 1, 1987 Additional $ I Return $ PROPERTY DAMAGE DEDUCTIBLE ENDORSEMENT (Per Accident Basis) Amount of Deductible $ 250.00 It is agreed ~hat: 1. The Insurer's obligation under the Property Damage Liability coverage to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount stated above. z. The deductible amount applies to all damages because of property damage as the result of anyone accident. 3. The terms of the policy, including those with respect to (a) the Insurer's rights and duties with respect to the defence of suits. and (b) the Insured's duties in the event of an accident, apply irrespective of the application of the deductible amount. 4. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the Named Insured shall promptly reimburse the Insurer for such part of the deductible amount as has been paid by the Insurer. \ Except as otharwise provided in this endorsement all tarms and COnditions of this POlicV .hall remain unchanged, ................................................................................................ .....,............... AuthoriZed Repra..ntative 40-27tA) 1-81 PROFESSIONAL LIABILITY EXCLUSIO~' II. ATTACHED TO AND FORM'NG PART OF THE POLICY ) POLICY NO. ' INSURED 2881' RICE CONSTRUCTION COMPANY ~ ex & AFFILIA'l'ED & ASSOC. CO'S UNITED STATES FIRE INSURANCE COMPANY C; 0 AGENCY Moo.ttEMCLEAH CORPORA'l'E INSURANCE L'1'O. '1'ORON'rO , ONTARIO ENDORSEMENT EFFECTIVE DATE (noon st8nd8rd time) PREMIUM t)BCDtBBR 1, 1987 I R8tu rn NO, Additlonel S S o This insurance does not apply to bodily injury or property damage due to the rendering of or failure to render any professional service. o This insurance does not apply to bodily injury or property damage due to the rendering of or' failure to render any cosmetic:, ear piereini. tonsorial. massase. physiotherapy, ChiropOdy. hearini aid. optical or. optometrical service or treettnents. o This insurance does not apply to bodily injury or property damaie due to: (a) the renderin. of or failure to render (1) medical,. surgical, dental. x-ray or nursing service or treatment. or the furnishing of food or beverages in con- nection therewith. or (2) any service or treatment conducive to health or of a professional nature,. or (3) any cosmetic or tonsorial service or treatment; (b) the furnishing'or dispensing of drugs or medical. dental or surgical supplies or appliances; (c) the handling of dec:eased human bodies or performing of autopsies thereon. .. (!J This insurance does not apply to bodily injury or property damage arising out of any professional services performed by or for the Named Insured, including (i) the preparation or approval of maps, plans, opinions. reports, surveys, desiins or specifications, or (ii) supervisory, inspection or engineering services. ~ Except.. OthenNi.. provided in this endorsement.II term. and conditions of this PolicV .1'1.11 remain unchanged, ....................................................................................................................... , Authoriz8cl "'epr_nt8tlve 40-38 1-'1'1 ( 1. B.C. 2011 ) /I,' a S.P.F. No. 6 S'. ~DARD NON-OWNED AUTOMOBIL.. OLley ~ '''.-< - ~ .. No. 2eS15 UNITED STATES FIRE INSURANCE COMPANY MANAGERS 'OR CANADA CRUM & FORSTER OF CANADA LTD. HEAD OFFICE. TORONTO (HEREIMAFTItR CALLED THK lI'laURER I REPL.ACING POL.ICY NO, WHEREAS AN APPL.ICATION HAS BEEN MADE BY THE APPL.ICANT (HEREINAFTER CAI..L.ED THE INSURED) TO THE INSURER FOR A CONTRACT OF AUTOMOBIL.E INSURANCE AND THE SAID APPL.ICATlON FORMS PART OF THIS CONTRACT OF INSURANCE AND IS AS FOL.L.OWS: - ITEMS~_,_____,~_______ ____.._~PPLlCA !!9N ---, , "_......_ _.._ ,_,.__'.. '.._'__"__ ..,__..___ I. ~~~L.A~t~~..PrfT ~~ahiltiCY%tw..CXIG'atY, l;.'fMI'I1!:& ~1~ a ASSOC. ~-- POSTAL. ADDRESS ~ AlI'RJI81l" . JRNIft'OII. QJII!i'~PJ() ,..--___,___,______.__ (INClUD::M~r~~~~RI~m~CT) c:::c::.~iTIOli _________ ,_______,__.. (STATE WHETHER INDIVIDUAL, PARTNERSHIP. CORPORATION. MUNICIPALITY OR ESTATE) l" 2 POI..ICY PERIOD 12:01 A,M. STANDARD liME AT THE A.PPLICAN.T'S . FROM , . D8ce:Alber 1 1981 TO ~1.._..~ ADDRESS STATED HEREIN" TO EACH OF SAID DATES, 3 THE AUTOMOBIU.S IN RESPECT OF WHICH I~SURANC IS TO BE PRO S~T IN WHOLE OR IN PART BY:""NORL."iCENSEOlNTHE- ". NAME OF' TtiE APPLICANT. USED IN THE ,APPLICANT'S BUSINESS OF': P.ROPBR7Y t1WNP.ItS ,& tnm'R~q 4. THE APPl.ICANT'S PA.RTNERS. OFFICERS. EMPLOYEES AND AG2NTS AS OF THE DATE OF THIS APPL.ICATION ARE AS FOLLOWS $ $ ALL OTHER PARTNERS. OFf'ICERS ALL APPllCArH~S AGENTS _.._-~~~!~~~-" ..--------....---- CLASS "8" CU.SS "C" NuMBER RArE $PREiiIii'M- ~~~~~"-:1- -~'$ PREMIUM :::::.- ..___ ._J,,____ LOCATION PARTNERS. orrtCERS AND EMPLOYEES WHO REGULARLY USE AUTOMOBILES NOT OWNED BY THE APPLICANT IN HIS BUSINESS . --.----- CLASS "At" PRIVATE PASSE.NGER. CLASS "A2" CQMMERClAL -- -- -..-. - --.- NUMBER JUTE PREMIUM NOMBER RA.TE PREMIUM . .. '*"MlO 5. "HIRED AUTOMOBILES" - THE AUTOMOBILES HIRED BY THE APPLICANT ARE AS FOLLOWS: ClCJVIUI). D, Ml'f ':'TES-P-ER$iOo~r-" --,---- COST OF HIRE ,"_'_iDYANCE PREMIUM I _______J", ,_~~__ THEA.DVANeE PREMIUM IS SUBJECT TO AOJUSTMEN-rAT THE END OF THE POLICY PERIOD AS PROVIDED IN THE POLICY, TYPE OF AUTOMOBilE ESTIMATED COST OF HIRE to_ 6. "AUTOMOBILES OPERATE:O UNDER CONTRACT" ON BEHALf' Of' THE APPLICANT ARE AS FOLLOWS: TYPE OF AUTOMOBILE AND DESCRiPTION OF USE "'" .., "00 Oi[ ------ ,..,,'" "" ::= '''''"' - --- -------- THE ADVANCE PREMIUM IS SUBJECT TO ADJUSTMENT AT THE END OF THE POLICY PERIOD AS PROVIOEO IN THE POLICY, ESTIMATED CONTRACT COST ~, U BY '1'0 BB - 7 THIS APPL.ICAT:iON 15- .MADE _ FOR INsuRANc'E:---:;OAfNSTT~piRII:SM.iNTioNEDIN-"H1SlTEMAN-OUPONTHE--Ti:RM!i"Ao.NO'co-riDiTiONS--OF'- i--.:tE- ~I~U_~~~_R:!!~!~N_,?~~~~~~,,(~_~RM -AND_~~~~~ING SPECIFIED LIMIT, _,~~i~l,.l~;T ,_ PERIL.S [_____ L.IMIT L.EGAL LIABIL.ITY FOR BODILY INJU. (EXCLUSIVE OF INTEREST AND COSTS) FOR lOSS OR SECTION A RY TO OR DEATH OF ANY PERSON OR $ 1..000,000. DAMAGE RESULTING FROM BODilY INJURY TO OR THE $ THIRD PARTY DAMAGE TO PROPERTY OF OTHERS DEATH OF ONE OR 1I0RE PERSONS. ANa fOR LOSS OR L.IABfL.ITY NOT IN THE CARE. CUSTODY OR ~:MCAl~~II~OA:~S~:~R;:OMR~~A:~~~S~CO:'D~~~, NUMBER CONTROL. OF THE APPLICANT ENDORSEMENTS '__'" - .-- ...------'----....-..------'--$------ .. COMBINED PREMIUMS D<:L. \ TOTAL PREMIUM $ MINIMUM RETAINED PREMIUM $ 8. ~;:c:~~'~~~,~E:p;~~::,.'i~~~. -~:CS~~~~A~; ~':~~s~~. ~~SUR:EN:W OR ISSUE, AUTOMOBIL.E 'NSURANCE TO THE: APPL.ICANT WITHIN THREE YEARS ,~..___m-__,-__-_-,-, 9. ~~~T::;~~6~c;..~l.~~H~~ ~~i ~~~'IEDEE~~~R';R p~~'"ci:O~N^aRI;~7; AOp~~I~=Ti~~. USE OR OPERATION IN HIS BUSINESS OF NON-OWNED AUTOMOBILES BY _____~~ ~':= .'"=.~ ._~~~_ ~~~r~ =:_._=_:;.~~o .~,.:" 0' ~'"'"'- ~. _ :~~~: lO.:;;,E~H~NS~~TEE~:.~~~ ~F' TTH~: ;:i;I;;.:;~=E~~~.TRUE AND THE APPLtCANT HEREBY APPL.IES FOR A CONTRACT OF AUTOMOBIL.E INSURANCE TO BE lC~Where, (i)-in-applicant for a contract gives false particulars oft"be described automobile to be insured to tbiprejudice o(the-lnsurer.-orknowiilgly misrepresents or fails to disclose in the application any fact required to be stated therein; or (b) the insured contravenes a term of the contract or commits a fraud; or (c) tb insured wilfully makes a false statement in respect of a claim under the contract, a claim by tbe insured is invalid and the right of tb insured to recover indemnity is forfeited. COUNTERSIGNED IRS. 14D. AT AU'fHORIZEC REPR&:SENTATIVE " ',; .' I AttIch DeoI.r.uo..Ind E~.... J ,'; ~ ~, ~I ,..: \-; THE DEFBNDER COMMERCIAL COMPREHENSIVE CATASTROPHE LIABILITY POLICY ! : In consideration of the payment of premium and In reliance upon the atatements in the Declarations and subject to the Limit of L.lability, Exclusions, Conditions, and other terms of this pollev, The Company named in the Deolarations (a capital stock company, herein called the Company) agrees with the insured, also named in the Declarations attached, to provide coverage 18 follows: I: INSURING AGREEMENTS I,' :1 I COVERAGE The Company agrees to pay on behalf of the insured the ultimate net 101111'1 excess of the retained limit hereinafter atated. whlQh the insured may sustain by reason of the liability Imposed U~n the insured by law, or assumed by the Insured under contract. for: (a) Bodily Injury Llablllty, eb) Personal Injury Liability, (c) Property Oamage Liability, or Cd) Advertising UabUlty, arising out of an occurrence. In any jurisdiction where, by reason of law or statute, this polley is Invalid as . "pay on behalf of" contract. the COmpany agrees to indemnify the insured for ultimate net 1088 In excess of the retained limit. II DEFENSE SElTLEMENT With respect to any occurrence covered by the terms and conditions of this policy. but not covered, a8 warranted. by the underlying pOlicies listed in Schedule A hereof or not CO'v'ered by any other underlying insurance collectible by the insured, the company shall: (a) defend any suit again.t the insured alleging such injury or destruction and seeking damag,s on account thereof, even if such suit is !:Iroundless, false or fraudulent; but the company may make such investiga- tion, negotiation and settlement of any claim or lult as It deems eJ(pedient; (b) pay all premiums on bonds to rele81e attachments for an amount not in excell of the applicable limit of liability of this policy, all premiums on appeal bonds required In any such defended suit, but without any obligation to apply for or furnish any such bonds; (c) pay all expenses inourred by the company. aU costa . taxed against the Insured In any such lult and all Interest accruing' after entry Dfjudgement until the company has paid or tendered Dr deposited in court suCh part of such Judgement as does not exceed the limit of the company'8liability thereon; Cd) reimburse the Insured for all reasonable expense" other than 1088 of earnings, incurred at the company's request; " (e) reimburse the Insured for 8ctIJallcn of earnings, not to exceed 1100.00 per dlY for each Insured, subject to an aggregate sum of $ 10.000 each occurrence for all Insureds combined. at the company's re~uest; and the amounts so incurred, except settlements of claim, and lultl are payable by the company in addition to the applicable limit of liability of this poliCY, In Jurisdictions where the company may be prevented b'/ law or otheJWise from carrying out this agreement. the company shall PlY any expense Incurred with its written con"nt in accordance with this agreement. III DEFINITIONS 1. "NAMED INSURED" AND "INSURED" "Nam~ Inlured", means the person or organization named in Item 1 of the declarations of this Policy, and; ell any subsidiary company (Including subsidiaries thereof) of the Named t nsured, and any other company coming under the Named Insured's control of which it anume. active management; (b) ;f the Named Insured is an individual. their spouse. If a resident of the same household, but this policy shall only apply to the conduct of a business Or business properties of which the Named Insured Is the sole proprietor, or to the ownership, maintenance. or use of an automobile: (0) If the Named Insured is designated in the declara- tione a8 a partnership or joint venture, the partnership or Joint venture so"designated and any partner or member thereof, but only with respect to their liability as such, The unqualified word "inaured", wherever used. Includes the Named Insured and a180; Cd) any person. organization or trustee to whom or to which the Named Insured is obligated by virtue of a written contract to provide Insuranoe suah as is afforded by thil polley, but only with respect to operations by or on behalf of the Named 1nlured; (e) at the option of the Named Insured and subject to the terms of the coverage of this Insurance, any additional insured, other than the Named Insured, included In the underlving polieie, listed in Schedule 1 ____ ~_~..~~~..J!I!IL_'!!!!I._ ___ ~_....~~__ . " .' the Named Insured under the contract have been · 'corripl.t~, . 2.. when 8/1 operations to be performed by or behalf of the Named Insured at the site of the operations have beencom~leted, or 3. whernhe portion ofthe work out of wh IcMhe In] Ury or damage arises has been put to its intended use by any person Or organization other than another contractor or 8ubcontrectQr engaged in perfOrming operations for a principal aa a part of the same project. Operations which may require further service or main- tenance work, or correction, repair, Or replacement because of any defect or deflclency, but which are gtherwiseeomplete, shall be deemed completed. The completed operations hazard does not include bodily injury or propertydamaoe arising out of: (a) operations in connection with the transportation of property, unless the bodily injury or property damage' arises out ofa condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, un installed equipment or abandoned or unused material.. I. "OCCU"RENCE" "Occurrence" means: (a) with respectto Bodily Injury Liability or Property Damage Liability, injurious exposure to conditione whieh result In Bodily Injury or Property Camage neither expected nor Intended from the standpoint of the insured. All damages arising out of such exposure to substantially the same general conditione shall be considered 81 arllingout of one occurrence. (b) with respect to Personal Injury Liability, an offense which results in Personal InJury, other than an offense committed with actual malice or the wilful violation of a pena'ltatute or ordinance committed by or with the knowledge or consent of the insured. All damag. arising out of SUCh exposure to lubstantlally the same general conditions shall be considered as ariSing out of one occurrence. (c) with respect to Advertising Liability all damages involving the same injurious material or act regard leu of the frequency or repetitlor'l thereof. the number or kind of media uSed, and the number of claimants and all such damagee shall be considered as arising out of one occurrence. IV POLICY PEAIOD. TERRITORY This poliCY appllestooccurrences happening anywhere during thepoJlcy period. V RETAINED LIMIT-LIMIT OF LIABILITY The Company'allablllty shall be only for the ultimate net loss In excess Of the Insured's retained limit defined as the greater of: (a) the total of the applicable limits of the underlying policies fisted In Schedule A hereof, and the applicable limits of any other insurance collectible by the insuredi or OCT- 4-89 WED 13:23 (b) the IIIf-insured retention stated In Item 4(c) of the declarations.. the result of all OCCUrTencee not covered by said underlying insurance, and which shall be bome by the Insured. separately as respects each annual period of thle poticy. When the self-insured retention stated in Item 4(c) has been exhausted. this policy shall apply without application of the self-insured retention for the re- mainder of that annual period. The company's liability thall not exceed the amount stated in Item ....'a) of the declarations a8 the result of any one occurrence. There is no limit to the number of occurrences during the policy periOd for which claims may be made except that the liability of the company arising out of the Products Hazard and the Completed Operation. Hazard on account of all occurrences during sach polley yeafehaU not exceed the Iggregate amount Itated In Item 4(b) of the eleclarations. EXCLUSIONS This policy Ihan not apply: (8) to any Obligation for which the iMured or any of its insurers may De held liable under any workers' or unemployment compensation. disability benefits or similar law. provided, however that this exclusion doee not apply to liability of others assumed by the Named InlUred under contract, (b) to injury to or destruction of or loss of: 1, Procer'tY owned by the Named Insured, or 2. any good., Droducts or containers thereof manufac- tured, aold handled or distributed, or work completed by the Insured, out of which the occurrence ariaes: (c) under Advertising Liability for , . failure of performance of written contract. 2. infringement of registered trade mark, service mark or trade name by us. thereof as the registered trade mark, service mark or trade name of goods or services sold, offereel tor sale or advertlaed. but this shall' not relate to tltl.. or slogans, 3. incorrect description of any articls or commodity, or ...., mistake in advertIsed prics: Cd) to damages claimed for the withdrawal, inspection, repair, replacemer'tt, or 1088 of use of the Named Inlured', products or work completed by or for the Named Inlured or of any J)roJ)el'ty of WhiCh such procluctl or \tiilOrk form. part, If luch products, work or property are withdrawn from the market or from use because of any known or suspected defector defi- ciency; (e) to losl of use of tangible I)rol)ef'ty which has not been Physically Injured or destroyed resulting from: 1. a delay In or lack of performance by or on behalf of the Named Insured of any contract or agreement, or 2. the failure of the Named Insured's products or work performed by or on behalf of the Named Insured to meet the level 01 performance, Quality, fitness, or 3 ._~~6363939.7 P.0S A .... dUrabUlty warranted or repreMnted by the Named .' I....ured; . 1M this exclusion does not apply to the extent coverage . available to the Named Insured in the underlying insurance as set out in SChedule A of the policy or to 108s of use of other tangible property resulting from the sudden and aocldental physIcal injury to or des. truetion of the. Named Insured's products or work performed by or on behalf of the Nam,d Insured after such products or work have been put to use by any person.or organization other than an insured: (I) to liability arising out of the diSCharge, dispersal, release or escape of smoke, vapOrs. soot. fumes. acids. alkalis. toxic chemicals, liquids or gases, waste materials orotherirr;tants, contaminant. or pollutants Into or upon fand, the atmosphere or any water course or body af water: but this exclusion does not apply If such diSCharge, dispersal, release or escape Is sudden and accidental; (Cl) to liability arising out of the ownership, mainten- ance, operation, use, loading or unloading of aircraft. other than aircraft chartered with orew, unless coverage therefor is provided by pollclel lilted in Schedule A attached to this policy. This exclusion doe. not apply to liability for bodily Injury to any emplOyee of the insured ariain; out of and In the course of their employment by the insured; (n) under Coverage I (a), (b) or (e) to injury due to war. whether or not declared, ciVil war, Insurrection, rebel- lion or r8\'olutlon" Or to any act or oondltion incident to any of the 10r800lno, \ CONDITIONS A. Premium Computatton. The premium for this policy shall be based upon the rating basis as set forth in the declarations during the POliCY period, and shall be computed at the rate 88t forth In the declarations applied to each unitof exposure of suoh rating basis. The advance tJremium iabased upon the estimated exposures for the policy periOd a8 stated in the declarations. Upon expiration otthls policy or Its termination during the policy period, the earned premium shall be computed as thus defined. If the earned premium thus computed is more than the advance premium paid, the Named fnsured shan Immediately pay the exoess to the oompany; if less, the company shall return the difference to the Named Insured but the company shall receive and retain the annual minimum fOr eech twelve (12) montha of the polioy period. S. InapectIon ,nd A&ldlt. The company shall be permitted at all reasonable tlm.. to Inspect the insured's premises and equipment, Bnd to..xamlne the Named Insured's t>ool<8 and records so far a8 the book8 and records relate to premium earned or to any Occurreno" happening during the policy period, C. ......blllty of Intereltl. The term "Insured" is used severally and not oollectively except with respect to Insuring Agreement V (Retained Limit- Limit of Liability) OCT- 4-89 ~JED 13:24 and Condition I (Other Insurance), The inclusion in this polley of more than one Inlured .hall not operate to increale the company's total liability for all insureds covered by this policy beyond the 11m Its set forth In Item 4(A) and 4(B) of the declarations, D. Noli.. Of Ocourrence. Upon the happening of an occurrence reasonably likely to involve the company Mereunder, written notice shall be given as soon as practicable to the company or any of its authorized agents. Such notice shall contain partioulars $ufficient to identify the insured and the fullest information obtainable at that tima. The Insured ahall give !lke notice of any claim made on account of such occurrence. If legal proceedings are begun the insured, when requested by the company, shall forward to it each paper thereon. or a copy thereof. received by the insured or the Insured '& representative. together with copies 01 reports of Investigations made by the insured with respect to such claim prooeedings, E. Alllablnoo ,nd Co-operatJon. Except as provided In insuring Agreement II (Defense Settlement) or in Condi- tion J (Underlying Inaurance) the company shall not be called upon to assume charge of the settlement or defense of,ny claim made or proceeding instituted against the Insured. but the company shall have the right and opportunity to associate with the Insul'ed in the defense and control of any claim or proceeding reason- ably likely to involve the company. In such event the insured and the company Shall cooperate fully, F. Appeals. In the. event the insured or the insured's underlying Insurer elects not to appea' a judgement in exce.. of the retained limit, the company may elect to do so at its own expense, and shall be Hable for the taxable COlts. disbursements and Interest incidental thereto, but in no event shall the liability of the oompany for ultimate net loss exceed the amount set forth in Insuring Agreement V (Retained Limit-Limit of Liability) for anyone occurrence plus the taxable costs, disburse- ments and interest incidental to such appeal. Q. ... ...,.,. Liability ofthe company with reSDectto any one occurrence shall not attach unit" and until the Insured, the company on behalf of the Insured, or the insurecl's underlyinQ insurer, has paid the amount of retained limit. Where the company must indemnify the Insured for ultimate net loss in accordance with I nsul'ing Agreements. the insured shall make a definite claim for any 10$S for which the company may be liable within twelve (12) months .fter the insured shall have paid an amount of ultimate net 108& in excese of the amount borne by the Inlured or atter the insured's liability shall have been made certain by final judgement against the Insured after actual trial, Or by written agreement of the insured. the claimant and the company. If any subsequent payments are made by the insured on account of the same occurrenoe, additional claims shall be made aimi.. larly from tIme to time and shall be payable within thirty (SO) dlYl after proof In conformity with this policy The insured .hall promptly reimburse the company for any amount of ultimate net loss ~aid on behalf of the 4 4 t UA:; 9 :; gj~, P.OI':' iF... ... l'!I . , \ .. In~ured within the self..lnsured retention specIfied in -', ; Item -t1{e) of the declaratlohS, H.Blnkruptoy or InlOlveney. Bankruptcy or insolvency bf the Insured ahall not relieve the company of any of its Obligations hereunder. I. Other Insurance. It other collectible insurance including other insurance with this oompany Is available to the Insured covering a 108$a180 covered hereunder (except lnsuranoepurchased to apply In excess of the sum of the retained limit of liability hereunder) the insurance hereunder shall be In e)Ccess of and not contribute with such other Inaurance, J. UnderlYlnolnlurence. If underlying insurance i. exhausted by any occurrence the company aha II be obllgedte uau,me charge of the settlement Or defense of any claim or proceeding against the insured resulting from the same occurrence. but only where this policy applies immediately in exce,s of such underlying insu... ance. without the intervention of excess insurance of another carrier:. In the ;vent of the reduction or exhaustion of the aggregate limits of liability of the underlylna policie. listed in Schedule A solely by reason of 10sse' Clld thereunder in respect of occurrences happening during the fX)IICV periOd, this policy, (1) In the event of reduction. Ihall pay the exc... oUhl.reduced underlyinglimit8; or (2) In the eventofexhauttion, shall continue in force at underlying inturance. K.SubrogatlOn. The company 8hall be subrogated to the extent of any payment hereu nder to all tn,'nsured', rights of recovery therefor: and the insured 8hall do everything n-=esury to secure such rights. Any amount so recovered shallbeapDOrtloned as follows: Any Interest Including the Insurect's havina paid an amount In excess of the r.tained Umlt plus the limit of liability hereunder shall be relmbut'HCI fIrst to the extent Of .ctUIlI payment, T he company snail De reimbursed next to the extent of its actual payment hereunder. If any balanc. th.n remain. upaad, It ehall be applied to reimburse the insured or any underlying Insurer, as their interests may appear. The expense. of all luch recovery proceedings ehallbe apporiioned in the ratio of respec- tive recoveries, If there is no recovery In proceedlnge conducted solely by the company, It shall bear the I)(pen... thereof. L. Chlngea. Notice to or knowledge of any agent or other person shall not effect a waiver or change in any part Of this policy nor estop the company from 88sertlng any right under It. nor shall the termaof this policY be waived or changed excer>t by endol'lement hereon, M.AIIlgnment. Assignment of interest under this pOlicy .haU not bind the company until Ita consent Is endorsed hereon. I'. howeve,. the inaured shall die or be adjudged bankrupt or insolvent within the pOlicY period, this policy. unless cancelled. ahall cover the Insured's 189al repre- sentative tor the unexpired portion of such period. No eancenlllon. Thll policy may be cancelled by the Named Inlured by surrender thereof to the company or any of ite authorized agenta. or ~ mailing to the company written notice stating when thereafter such oanceUatlon shan be effective, Tnls pOlicy may be cancelled by the company by mailing to the Named I nsured at the address shown in this policy written notice Itating when, not less than thirty (30) days for any reason other than non- payment of'pramium or11fteen (15) dayl for non-payment of r>remium thereafter, luch cancellation shall be effec- tive. The mailing of notice at aforeeald shall be sufficient notice and the effective date of cancellation stated in the notice shan become the end of the policy period. Delivery of such written notice either bv the Named Insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shalf be, computed In accordance with the customary short rate tabl. and procedure. If the company cancels. earned premium nil be computed pro rata. Premium adjustment may be made at the time cancellation is effected or al soon practicable thereafter. The cheque of the,company or i1B representative mailed oraelivered thall be sufficient tender of any refund due the Named Inlured. If this POlICY insures more than one IOsured, cancellation may be effected by the flrat of such Named Insureds for the account of all inauredai and notice of cancellation by the comDll1Y to 8UCh first Named Inlured shall be notice to all Insured., Payment Of any unearned premium to aueh f1",t Named Insured shall be for the account of all Intereeta therein. O. ____ of UndertYIng 1---. It II warranted b!f the lneured that the Underlying policies listed In Schedule A, or renewals or replacements thereof not more reltrlcted, shalJ be maintained In force durIng the currency of this poliCY. except for any reduction of the aggregate limit. contained therein solely by DaYments of claim. In respect of occurrence. happening during this policy Deriod, In the event of failure by the insured to maintain suoh polleiealn force or to meet all conditions and warrantie. aubaequent to lOll under such policies. the insurance afforded by this policy ahallapply In the same manner It would have appUed had such policies been 10 maintained In force. In the event there is no recovery available to the insured a. a r..ult of the bankruptcy or insolvency of the underlying Insurer. the coverage hereunder 8hall apply in exc... of the applicable limit of liability specified in Schedule A. IN WITNEM WHIREOF. the company has caused this policy to be signed by ItIJ president' and secretary but thi. policy shall not be valid unls.. completed by the attaohment hereto of a declaratione page countel'$igned by . duly authoriz8d repr...ntativ8 of the company. CRUM .. FORSTER OF CANADA LTD. CanIdlIn MIINIlIIIfI OCT.- 4-89 WED 13:25 c_~. -~ 5 PNIIcIem 41 t;~"jZ;q~qj P Gt7 ~: ... I.. .. NUCLfAR ENERGY UABILITY EXCWSION \ It ia agreed thatthle policy CIOtI not apply: (a) to liability Imposed by or II1Ilng under the NucI.... UablIItyAct; nor (b) to bodily injury or property cIImIQe with .....-.c to wNch an lnaul"8d under thlt polley it 1110 Ineul'lCl under 1 CQnro tract of nuclear .ntrgy nablllty insurance (whether the , IMurad 18 unnamed In such cantl'lCt and whether or nat It " legally enforalble ~ the lneurecl) lUued by the Nuclear InlUranc8 AssociaIIon of Can8dI or any other inlUrer or group or paoI of Insurers or would be an Inau. under any euch policy bUlb lIB 18rmlnetion upon .hau*n of itelmlt d 11abl1Jty: nor (e) to bodily Injury or properly damage resulting dlrectJy or Indlr8Ctty from the nuclear energy hazard arising from: (1) theownerahlp, malnbtnance. opeI'8tIon or UN fA a nucteal' facllltyby Of on behalf of an Inauredi O~. thefurnllhlng by an lnaurtd Of MfVIce8. rna18rIaIs. pII1I or equipment In conneatlon with the planning, construdlon, malnt8nanae. aperatfon or UI8 of etrI nuclear facility; and Oi~ the. poeaellion, consumption, U88, handling, dl. posaI or transportation or ftesJonable sub8t8ncee. or of Other radIoactlve material (t)CCept radloactive lto- topes, flN8.y fn:Jm a nUOle8r facility, which haYt reached the ftneIltIgI of f8brIcalIon 10 U to be utabIt for any tcMtnttfIc. medical, IQricultunll. com- merciaJ.. or indullrfal purpcee) used. distribUted, handIId or r.aId by an lneurtd. Ita UllCtin the policy: 1. The term "nucl_ enelUY hU8rd" ,.,..". the I'ICtil> .CIIve. toXIc,. ~ or other hUardoue propertiee of ~.rtIIIeri*: 2. Tht....,,~ 1'nIIIrIII" .,.". uranium, thoriIm, plutonium,ntPlUnfum. their f'IIPtOtlw dtrivItiws and compounds. radlolctlve ~ of other elementland OCT- 4-89 WED 13:26 any other eub1tance8 that the Atomic Energy Control BoIrd ~ tJf reguf8llan. deIign&tIIu being Pl88Cribed IUbICIncII 0IPIbIt of reteasing atomic en8t'1JY. or as beinG ........ go the ~ucUan. &-. or application of alDm1C energy: 3. 'The term llnuclear facility" mean,: (a) any appanIILla dMI;ned or ueed to sustain nuclear fit8ion In. _aupportIng ohlin rucrlon or to contain . criticII "'- Of plutonium, tharlumsnd uranium or any one or moll Of them; (b) fIftJ IQUIpment or dfMce de8fgned or used for (I) Ml*IIIng .... ItotopM Of plutonium, ttatum and 1,.1.... nium or any one 01 more Of them. (n) pn:ICIM8ing or utilizo inO ..It fueJ, or ~m handling, proceuin; Of packs;in; WlllBj (0) any equipment or devICe used far the proceaalng, fIbrICItintiJ or alloying Of pJ~lum. thOrIum or uranium enriched In the ~ unanium _ or in the itmope uranium 2S6, or II1rf one or more of them If It any time the tatal amount of 8UOh materia! In the cn.Body of the Irand . the pram_ Where SUCh equipment Of deYice is located consllta of or contain. more t~n 25. grams of plutonium or uranium 2S.1 or any combination thereof, or men than 250 grams of uranium 238j (eI) My IUUCtUI8, bI8in, ecavatJan. premises or p~ace Pf8PIIICI or UIId far the etorage or disposal of wute redIo8ctIw rnalefiajj and InctucIee the ... on which 81ft of the foregolng is ~ ~ with all opeI'IItIons oonduct8d thereon Ind III preml... UIId far such opel'ltiona. 4. The term HfIaIonabIe 8Ub1tance" means any pnIICribed eubetance that 18. or tram which can be obtained, a sub- ItancI C8p8bIe of reIMIIng *,""Ic energy bIJ nuclear fiIIion. All other 1Irmt and condJrIons of this polley remain unohenged. .. 8 ~HI _~_ 4163 6 393.9~ p_ .1:}_~ \'--" ',-" ~ ./1 \' POLICY PROVISIONS 1. "INSURING AGREEMENT: Inconsideration of the payment of the required premium and subject to all the terms of this policy, the Company agrees to pay on behalf of the insured LOSS resulting from any occurrence insured by the terms and provisions of the First UNDERLYING INSURANCE policy scheduled in Item 6 of the Declarations (except for the Limits of Liability and defense provisions, if any). The insurance afforded by this policy shall apply only in excess of and after all UNDERLYING INSURANCE (as scheduled in Item 6 of the Declarations) has been exhausted. 2. LIMIT OF LIABILITY: See Item 5 of the Declarations. 3. eXCLUSION: This policy shall not apply to Nuclear Energy Liability (see Endorsement # 1, Nuclear Energy Liability Exclusion, on page three of this policy) regardless of whether or not such coverage was or would have been afforded by the First UNDERLYING INSURANCE policy. 4. GLOSSARY: The conditions of this policy shall be applied as if the gloss of words listed below had been included with the word or words each time they appear in this policy: LOSS - meaning the amount of the principal sum, award or verdict, actually paid or payable in cash in the settlement or satisfaction of claim for which the Insured is liable, either by adjudication or compromise with the written consent of the Company, after making proper deduction for all recoveries and salvages. UNDERLYING INSURANCE - meaning all policies scheduled in Item 6 of the Declarations. 5. MAINTENANCE OF UNDERLYING INSURANCE: The Insured agrees that the First UNDERLYING INSURANCE policy, and other UNDERLYING INSURANCE following the terms and provisions of the First UNDERLYING INSURANCE policy (except for limit of liability and defense provisions, if any), shall be maintained in full effect during the currency of this policy except for any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of occurrences happening during the period of this policy. The failure of the Insured to comply with the foregoing shall not invalidate this policy but in the event of such failure the Company shall only be liable to the same extent as if the Insured had complied with this condition. 6. NOTICE OF OCCURRENCE: Upon the happening of an occurrence reasonably likely to involve the Company under this policy the Insured shall give written notice as soon as practicable to the Company. Such notice shall contain particulars sufficient to identify the Insured and fullest information obtainable at the time. If legal proceedings are begun the Insured shall forward to the Company each paper therein, or a copy thereof, received by the Insured or the Insured's representative, '\ together with copies of reports of investigations with respect to such claim proceedings. 7. DEFENSE: The Company shall not be called upon to assume charge of the investigation, settlement or defense of any claim made, or suits brought, or proceedings instituted against the Insured, but shall have the right and be given the opportunity to be associated in the defense and trial of any such claims, suits or proceedings relative to any occurrence which, in the opinion of the Company, may create liability on the part of the Company under the terms of this policy. If the Company avails itself of such right and opportunity the Company shall do so at its own expense. Court costs and interest, if incurred with the consent of the Company, shall be borne by the Company and other ,interested parties in the proportion that each party's share of LOSS bears to the total amount of LOSS sustained by all interested parties. \ "' Page 1 . , ~. /? '~ .~ 'CHUBB INSURANc()OMPANY OF CANADA CHUBBDU CANADA'COMr~GNIE O'ASSURANCE Montre.. Toronto'" Calgar",y , o ... '. ",""7' ... ~~: .... ....., Insured RICE CONSTRUCTION -COMPANY LIMITED ET AL Policy No. Assure Police No Producer MOORE MCLEAN CORPORATE INS. LIMITED DEffatece telfYefecOtal'vtee Repr6Sentant (3$) 7907 ;s027 DECEMBER 1, 1%8 Company CHUBB INSURANCE COMPANY OF CANADA Issue Date Compagnie Date d'emission DtCEtvlBER 19, 1%;.$ THIS POLICY IS SUBJECT TO THE FOLLOWING ADDITIONAL EXCLUSION This policy shaU not apply to personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, oil or other petroleum substance or derivative (including any oil refuse or oil mixed with wastes), liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. \ POLLUTION All Other Terms and Conditions Remain Unchanged - "Tous les Autres Termes et Conditions Demeurent les Memes Authorized Representative Repr6Sentant habllite 'ORM 08 99-10-06 . '._- --- -- ,~.- ., "-.'- -- -'-'-~"---' ,,- ......~.. ~'~-" . ~ CHUBB'INSURANCOMPANY OF CANADA CHUBB DU CAN~DA"'cOM~~NIE D'ASSURANCE Montrtal Toronto"" Calgarv... o .. , .. ,,}J.i. '11"":'" " <ill CHUIIB ENDCIZSEl'v'IENT Ill~ ~:s~:: RICE CONSTRUCTION,COlvlPANY LIMITED ET AL Producer MOORE MCLEAN CORPORATE INS. LIl\UTED Representant Policy No. Police No (88) 7907 S027 Effective Date Date effective DECEi\olBER 1, 19S5 Company CHUBB INSURANCE COMPANY OF CANADA Compagnie Issue Date Date d'emission DECEI\r1J3ER. 19, 19S9 THIS POLlCY IS SUBJECT TO THE FOLLOWING ADDITIONAL ENDORSEMENT It is understood and agreed that effective DECEMBER 1, 1~&8 paragraph 5 on page 1; Maintenance of Underlying Insurance is amended as follows: The Insured agrees that the First UNDERLYING INSURANCE pOlicy, and other UNDERLYINCINSURANCE following the terms and provisions of the First uNDERL YINC INSURANCE policy (except for limit of liability and defense provisions, if. any), shall be maintained in fuU effect during the currency of this policy except for any reduction of the aggregate limit or Jimitscontained therein solely by payment of claims in respect of occurrences happening during the period of this polley. The fa.i1ure of the Insured to comply with the foregoing shall not invalidate this policy but in the event of such failure the Company shaH only be liable to the same extent as if the Insured had complied with this condition. , Further, the receivership, the insolvency and/or inability to pay by an underlying insurer shall not be deemed to render the funds' which would have been otherwise available from an underlying insurer to be unavailable, reduced or exhausted for the purposes of determining the company's JiabHlty under this policy, it being understood that the liability of the company under this pollcyshaU in no way be increased or expanded as a result of such receivership, inSolvency or inability to pay, with respect to both the duty to indemnify and the duty to defend.1I .. '\ MAINTENANCE OF UNDERLYING All Other Terms and Conditions Remain Unchanged - Tous tes Autres Termes et Conditions Demeurent les Memes Authorized Representative Representant habilite FORM CB 99-1G-06 ~--.. .............-....;.-..-..-.--- -----.-- --.- ._._'--~.- ---_._.- ----- t........'..'.." '," ." \ :'~. '" "'--' '-.-' ." ENDORSEMENT NO. , IT IS AGREED THAT THE NUCLEAR ENERGY LIABILITY ENDORSEMENT (BROAD FORM) FOUND ON PAGE THREE OF THIS POLICY IS HEREBY DELETED AND REPLACED BYTHE FOLLOWING:- NUCLEAR ENERGY LIABILITY EXCLUSIONS ENDORSEMENT (BROAD FORM) (for use with all Public Liability Policies except Personal, Farmers' and Storekeepers') This policy does not apply to bodily injury or property damage (a) with respect to which an insured under this P~licy is also insured under a contract of nuclear energy liability insurance (whether the Insured is unnamed in such contract and whether or not it is legally enforcible by the Insured) issued by the Nuclear. Insurance Association of Canada or any other group or pool of insurers or would be an Insured under any such Policy but for its termination upon exhaustion of its limit of liability; or (b) resulting directly or indirectly from the nuclear energy hazard arising from: (1) the ownership, maintenance, operation or use of a nuclear facility by or on behalf of an Insured; (2) the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility; and (3) the transportation, consumption, possession, handling, disposal or use of radioactive material sold, handled, used or distributed by an Insured. As used in this endorsement: 1. The term "nuclear energy hazard" means the radioactive, toxic, explosive, or other hazardous properties of radioactive material; 2. The term "radioactive material" means uranium, thorium, plutonium, neptunium, their respective derivatives and compounds, radioactive isotopes of other elements and any other substances that the Atomic Energy Control Board may, by regulation, designate as being prescribed substances capable of releasing atomic energy, or as being requisite for the production, use or application of atomic energy. .. I. . ,.: , .' . \.:to , Page 2 3. The term "nuclear facility" means: (a) any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium, thorium and uranium or anyone or more of them; (b) any equipment or device designed or used for (i) separating the isotopes of plutonium, thorium, uranium or anyone or more of them, (H) processing or utilizing spent fuel, or (Hi) handling, processing or packaging waste; (e) any equipment or device used for the processing, fabricating or alloying of plutonium, thorium and uranium or anyone or more of them if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device of located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; Cd) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste radioactive material; and included the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations. 4. With respect to property, loss of use of such property shall be deemed to be damage to or destruction of property. Polley No.: (88) 7907 8027 of CHUBB INSURANCE COMPANY OF CANADA Effective Date: DECEMBER 1, 1988 Authorized Representative .. . . ..) ,.1 ~ CHUBB INSURANCL JOMPANY OF CANADA ,- CHUBBDU CAN~DA ~COMPAGNIE D'ASSURANCE Monlr6al To;oolo - Calgary ENDORSEMENT 1/6 .. Insured ASsure RICE CONSTRUCTION COMPANY LIMITED ET AL Policy No, Polie., No (88) 7907 t)027 Producer 1\{100RE MCLEAN CORPORATE INS. LIMITED Representant EHecllve Dale Date effective DECEMBE.R 1, 1988 Company CHU8B INSURANCE CO/\lPANY OF CANADA Compagnie Issue Date Date d'emission DECEMBER 19, 1988 THIS POLICY IS SUBJECT TO THE FOLLOWING ADDITIONAL EXCLUSION Under policy provision "3. EXCLUSION", the foHowing paragraph is added: TlUs polley shall not apply to any LOSS resulting from any occurrence where all or part of the LOSS is based on, attributable to, related to or in any manner arises out of: 1. the mmmg, processing, manufacturing, use, testing, ownership, sale or removal of asbestos, asbestos fibers or ma terial containing asbestos; 2. exposure to asbestos, asbestos fibers, or material containing asbestos; or 3. any error or omission in supervIsion, instructions, recommendations, notices, warnings or advice given, or which should have been given, in connection with asbestos, asbestos fibers or material containing asbestos. This exclusion applies whether or not such coverage was or would have been afforded by the FIrst UNDERLYING INSURANCE policy. \ .. ASBESTOS EXCLUSION All Other Terms and Conditions Remain Unchanged. Tous les Autres Tennes et Conditions Demeurent les M6mes Authorized Representative Representant habillte RM ea 99-10-06 ... Itis agreed that the pOlicy shall not apply: ../, Under any Liability Coverage, to injury, sickness, disease, death or destruction (a) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, orwould be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II, IUnder any Medical Payments Coverage, or under any Supplementary Payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (a) the nuclear material (1) is at any nuclear facility owned by,or operated by oron behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material Is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of.an insured; or (c) the Injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility Is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility . IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material," "special nuclear material," and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "Injury" or "destruction" includes all forms of radioactive contamination of property. NEW YORK - The provisions of the above endorsement do not apply with respect to any Automobile Bodily Injury Liability and Automobile Property Damage liability coverage afforded by this policy. .. . , . ' .. , \ ,Endorsement #1 NUCLt.'ri~ ENERGY LIABILITY EXCLUSION ENDoRSEMENT (BROAD FORM) """, \.. - Page 3 FOrm 07-02.14 (Ed. 8.76) (Formerly 10362) P'S4289 (7500) .,tnNT,.o .N !,I......