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• • Notice of an "occurrence" or of an offense which 3. The insurance provided by this provision shall may result in a claim must be given as soon as be excess over any valid and collectible Railroad practicable after knowledge of the "occurrence" or Protective Liability insurance available to an offense has been reported to you, one of your insured , whether primary, excess, contingent or "executive officers" (if you are a corporation), one of on any other basis, except for the insurance your partners who is an individual (if you are a purchased specifically by you to apply in excess partnership), one of your managers (if you are a of the Limits of Insurance shown in the limited liability company), one of your trustees who is declarations for this Coverage Part. an individual (if you are a trust), or an "employee" Q. Amended Personal And Advertising Injury (such as an insurance, loss control or risk manager Definition — Electronic Material or administrator) designated by you to give such notice. 1. The definition of "personal and advertising Knowledge by any other "employee" of an "occur- injury" in Section II F.14.d. Liability And rence" or offense does not imply that you also have Medical Expenses Definitions is deleted and such knowledge. replaced by the following: Notice of an "occurrence" or of an offense which d. Oral, written or electronic publication, in any may result in a claim will be deemed to be given as manner, of material that slanders or libels a soon as practicable to us if it is given in good faith as person or organization or disparages a soon as practicable to your workers' compensation, person's or organization's goods, products accident, or health insurer. This applies only if you or services; subsequently give notice of the "occurrence" or 2. The definition of "personal and advertising offense to us as soon as practicable after you, one injury" in Section II F.14.e. Liability And of your "executive officers" (if you are a corporation), Medical Expenses Definitions is deleted and one of your partners who is an individual (if you are replaced by the following: a partnership), one of your managers (if you are a limited liability company), one of your trustees who is e. Oral, written or electronic publication, in any an individual (if you are a trust), or an "employee" manner, of material that violates a person's (such as an insurance, loss control or risk manager right of privacy; or administrator) designated by you to give such 3. Section II B.1.p.(2) Exclusions for Personal notice discovers that the "occurrence" or offense And Advertising Injury is deleted and replaced may involve this policy. by the following: O. Amended Bodily Injury Definition (2) Arising out of oral, written or electronic The definition of "bodily injury" in Section II F.3. publication of material if done by or at the Liability And Medical Expenses Definitions is direction of the insured with knowledge of its deleted and replaced by the following: falsity; "Bodily injury" means injury to the body, sickness, 4. Section II B.1.p.(2) Exclusions for Personal disease, or death. "Bodily injury" also means mental And Advertising Injury is deleted and replaced injury, mental anguish, emotional distress, pain and by the following: suffering, or shock resulting from injury to the body, (3) Arising out of oral, written or electronic sickness, disease or death of any person. publication of material whose first P. Amended Insured Contract Definition — publication took place before the beginning Construction Or Demolition Operations Within of the policy period; 50' Of Railroad R. Unintentional Omission 1. The definition of "insured contract" in Section II The following is added to SECTION III — COMMON F.9.c. Liability And Medical Expenses POLICY CONDITIONS Paragraph C. Concealment, Definitions is deleted and replaced by the Misrepresentation Or Fraud (BUT APPLICABLE following: ONLY TO SECTION II—LIABILITY) c. Any easement or license agreement However as it pertains to Business Liability 2. The definition of "insured contract" in Section II Coverage only, the unintentional omission of, or F.9.f.(1) Liability And Medical Expenses unintentional error in, any information provided by Definitions is deleted. you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. PPB 316 02 11 Page 6 of 7