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HomeMy WebLinkAbout1978 i9~~ y. TOWN OF SOUTHOLD PERMIT FOR PUBLIC DISPLAY OF FIREWORKS I, JUDITH T. TERRY, Town Clerk,of the Town of Southold, Suffolk County, New York, being an officer duly designated by the Town Board of the Town of Southold for this purpose, DO HEREBY GRANT TO BEACH COURT ASSOCIATION A PERMIT FOR THE PUBLIC DISPLAY OF FIREWORKS by said organization in accordance with the provisions of Section 405.00 of the Penal Law of the State of New York, on at 9:30 July 3, 197 8 P.M. Rain date: July 4, 1978 at 9:30 ~~ pp~~ P.M. ~a~reC.G«~~~ ~a~-~l a.L~ "~~ Y at the time and place set forth in the application therefor. ON CONDITION THAT the bond (indemnity insurance) required shall ~.az ~~~ , continue in full force and effect in favor of the Town of Southol~ ~ ?/~ j~~ ~~~~~ DATED at SOUTHOLD, New York, l~ this 19th day of June 1978. ~ JUDITH T. TERRY, To Clerk Town of Southold, Suffolk County, New York. S $ A ~~ L , ~~ i i~ ~ Royal-Globe Insurance EXECUTIVE OFFICE: CO1~T F':1iV F F_ S 150 WILLIAM STREET >,- NEW YORK, NEW YORK 10039 ^ ~~ SELECT-COVER POLICY (General Provisions) SFiIRLEY WEXLER Ibl°Ibb GARONER LONG ISLAND, N ~l BAY ESTATES, E MAF Y b TOWN OF SOUTJIIOI L I. N Y G30~4C~d !r'aGGfnl~~t J'.ta..2e 3Wee - ~.t2r[uhe 20t T 356-0088 403 E. HIGH ST., BOX 905 BOUND BROOK, N.J. 08805 ' These GENERAL PROYISIONS, the DECLARATIONS and the coverage PART(S) and endorsements relerred to in the DECLAAATIONS complete the tontraq of insurance. The company designated in the DECLARATIONS made a part hereof, (a stock insurance company, herein called the company), in consideration of the pay- ment of the premium, in reliance upon the statements in the DECLARATIONS, and subject to all the terms of this policy and its designated coverage PART(S), agrees with the named insured as tollows and as contained in the PART(S) designated in the declarations. SUPPLEMENTARY PAYMENTS The tompany will pay, in addition to the applicable limit of liability: la) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company has Daid or tendered or de- (c) the~l mil of the company's I afbilhty thegeoernt which does not exceed Id) (b) premiums an appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this pclicy, and the cost of bail bonds required of the insured because of accident or traKc law violation arising cut of the use of any vehicle to which this policy applies, not to ezceed $250 per bail bond, but the company shall have no obligation to apply for or furnish any such bonds; expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this policy applies; reasonable expenses incurred by the insured at the company's re- quest in assisting the company in the investigation or defense oT any claim or suit, including actual loss of earnings not to exceed S25 per day. SPECIAL AOOITFONAL EXCLUSION The following exclusion modifies the provisions of the policy relating to All LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAI INSURANCE. NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) It is agreed that: I. The policy does not apply: A. Under any Liability Coverage, to bodily injury or property dam- age (Il with respect to which an insured under the policy is also an insured under a nuclear energy liability Dulicy issued by Nuclear Energy Liability Insurance Associaticn, Mutual Atomic Energy Liability Underwriters or Nuclear Insur- ance Association of Canada, or would be an insured un- der any such policy but far its termination upon exhaus- tion of its limit of liabilty; or (21 resulting from the hazardous properties of nuclear mate- rial and with respect to which (a) an9 person or organiza- tion is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or Ib) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, ar any agency thereat, under any agree- ment entered into by the United States of America, or any agency thereof, with any person or organization. U. Under any Medical Payments Coverage, or under any Supple- mentary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the haz- CL 67901C Pogo 1 ardousproperties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to hodily injury or property dam- age resulting from the hazardous properties of nuclear mate' riai, if (11 the nuclear material ta) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b1 has been discharged or dispersed therefrom; (21 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 (3) the hodily injury or property damage arises out of the fur- nishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facilrty, but if such facility is located within the United States of America, its territories or possessions or Canada, this ex- clusion 13) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material," "special nuclear material," and "hyproduct mate- "rial" 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 ar liquid, which has been used or ezposed to radiation ia~a nuclear. reactor; "waste" means any waste material Ill containing byproduct mate- rial and (2) resulting Trom the operation by any person or organiza- tion of any nuclear facilrty included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (al any nuclear reactor, Ib) any equipment or device designed or used for (11 sepa- rating the isotopes of uranium or plutonium, t21 processing or utilizing spent fuel, or t3) handling, processing or pack- aging waste, (cl any equipment or device used for the processing, fabrica- ting or alloying of spemal nuclear material it 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 mare than 250 grams of uranium 235, (d) any structure, basin, ezcavation, premises or place pre- pared 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; "property damage" includes all farms of radioactive contamination of property. NEW YOgk EXCEPTION: This exclusion does not apply to Automobile Liability Insurance in New York State. DEFINITIONS When used in this policy (including endorsements forming a Dart hereofl: "automobile" means a land motor vehicle, trailer or semi-trailer de- signed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mohrle equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death of any time resulting therefrom; "completed operations hazard" includes bodily Injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the hodily injury or property damage occurs after such operations have keen com- pleted or abandoned and occurs away from premises owned by or rented to the named insured. "Operations' include materials, parts or equip- ment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: 111 when all operations to be performed 6y or on behalf of the named insured under the contract have been completed, 12) when all operations to be performed 6y or on behalf of the named Insured at the site of the operations have been completed, or f31 when the portion of the work out of which the injury or damage arises has been put to its intended use 6y any person or organiza- tion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same pro)ect. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include hodily Injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury ar property damage arises out of a condition in or on a vehicle created by the loading or unloading thereoT, (b) the existence of tools, uninstalled equipment or abandoned or un- used materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations"; CL 679(11[ Poge 2 SELECT-GONER POLICY ROVAL•G LOBE INSUITANCE CQMPANIES L~PgNy' these DECLARATIONS when combined witA the GENERAL PROVISIONS and the coverage PARTIS) and endorsements designated SYMBOL ppLILyNUMBER herein, complete the contract of insurance numbered below. Coverage is provided by the Company designated by entry of ,_ N i Lv, 4 8 ~ (] ~ O °g" before the company name. OF NUMBER. NLU 40 75 90 Pcooe UMBER. C-1530124 ^ Royal Indemnity Company ^ Globe Indemnity Company ® Newark Insurance Company\ ^ Royal Globe Insurance Company ^ Safeguard Insurance Company ^ American and Foreign Insurance Company rrEMT. ~SHI RLEY WEXLER ~ KI SSEL AGENCY INSURE08 16t•06b GARDNER BAY ESTATES, E MARION . - ADDRESS L LONG ISLAND, N Y b TOWN OF SOUTJII OLD L I, N Y REM2. POLICY PERIOD 12:01 R.M. Standard time at the BUSINESS OF THE NAMFD INSURED From_ 7~4~78 address of the Named Insured as - 7~3~78 To stated in Item 1. TNE NAMED INSURED IS: - individual ^ Partnership ^ Corporation Joint Venture ^ Other LOCATION OF ALL PREMISES OWNED, RENTED OR CONTROLLED BY THE NAMED INSURED PART OCCUPIED INSmIEa'S INTEREST TENTER "SAME" IF SAME LOCATION AS ABOVE ADDRESSI BY OWNER. TENANT, GEN'L MAMEa IXSUAFa IfSSEE. OTNER SPECIFY. SAME REM3a. The insurance afforded is only with respect to such of the followine coveraee Part(s) as are indicated by entry of an "X" 6elaw. ^ Part 1-Comprehensive General Liability Insurance ^ Part 6-Comprehensive Personal Insurance ^ Part ii -Automobile Medical Payments Insurance ^ Part 2-Manufacturers' and Contractors' Liability Insurance ^ Part 7-Owners' and Contractors' Protective Liability Insurance ^ Part 12-Protection Against Uninsured Motorists Insurance ® Put 3-Owners' Landlords' and Tenants' Liability Insurance ^ PutB-Contractual Liability Insurance ^ Part 13-Automobile Physical Damage Insurance ^ Part 1-Completed Operations and Products Liability Insurance ^ Part 9-Comprehensive Automobile Liability Insurance ^ Part 14-Basic Auto Liability Insurance ^ Part 5-Premises Medical Payments Insurance ^ Part 10-Garage Insurance ^ Part 15-Automobile Physical Damage Insurance (Dealers) tarcE;lrr rani Nu. a nlLq REM 3b. The insurance afforded is only with respect to such of the following corerage(s), contained in the coverage' Part(s) designated above, as are indicated by specific premium charge or cAarges. The limit of the comDany's liability against eacA such coverage shall be as stated herein, subject to all the terms of the policy baring reference thereto. APPLICABLE LIMITS OF LIABILITY ADVANCE TO PARTS COVERAGES EACH PERSON EACH OCCURRENCE* AGGREGATE PREMIUM I through 5 Bodily Injury Liability X X X X X , $ Other than property Damage liability X X X X X $ Automobile Premises Medical Payments X X X X X X $ 9 Bodily Injury Liability X X X X X X $ (Automob~lel property Damage Liability X X X X X X X X X X X $ Other See Applicable Coverage Part $ [NpORSFMFNTS AFIACMEO Al ^ME Or ISSUE NOT APPLICABLE IN TEXAS II policy penod Is mote than one year, premium is payable EFFECTIVE DATE g IsMNNWERSARY $ 2nD ANNIVERSARY g Total Advance Premium $ t!,~0.00 c.u.. ..w,ucni na norct,lp rn[Mlp[5 M[UIGAL PAYMENTS" Countersigned bye !~~~~~`- :<C'. r'! /_J ,/{.C-,_.~ /~.. ADTMORIZED REPRES(MT/i}Y V'" 6]902 E GENERAL' LIABILITY HAZARDS 1. PREMISES-OPERATIONS a) Area-per 100 square feet b) Frontage-per Linear foot c) Remuneration-per $100. d) Receipts-per $100. e) Admissions-per 100 admissions f) Units-per unit 2. ESCALATORS g) Number insured-per landing 3. INDEPENDENT CONTRACTORS h) Cost-per $100. ROYAL-GLOBE INSURANCE COMPANIES NLt! 48 19 20 4. STRUCTURAL ALTERATIONS k) Remuneration-per $100. m) Cost-per $100.• 5. PRODUCTS-COMPLETED OPERATIONS n) Sales-per $1000. . p) Receipts-per $lOCO. 6. CONTRACTUAL q) Number insured-per contract r) Cost--per $100. HAZ- ARD DESCRIPTION OF HAZARD 8 CODE PREMIUM RATES ADVANCE PREMIUMS N0. BASES' BI PD BI PD FIREWORKS EXHIBITIONS SPONSORS _ 00326 FL CH 100.00 in policy declarations. Unless otherwise stated, this endorsement forms a part of the policy to which attached as of issue, provided such attachment is stated in the policy declarations. Otherwise, this endorsement is issued for attachment to and forms a part of the policy numbered below, effective only on the date indicated on this endorsemen! but at the same time or hour of the day as the policy became effective. NEWARK INSURANCE CO. I ^ Add~l Named Insured Land address, zip code, when necessary for mailing) ~SHIRLEY WEXLER 16i-166 Gardiner Bay Estates Long Island, N.Y.,N.Y & LTown of Southold, N. Y. J Return $ ~ { NLU ~ Producer (and address, zip code, for mailing) KISSEL AGENCY This policy to cover fireworks display at =.1_o~ation listed in Item #2 on July 3, 1978 or Rain Day July 4, 1978. ~ C L: __ . 7:~ & NUMBER ` B 19 20 J CL Y0029D-Sets totals If ~ 00 v 00 If policy period is more than cr rc~i rvc unit isr wrvnivcnpnrcr <nu arvnivcnannr one year, premium is total Advance f paYahle as follows: $ f f Premium ' 00 00 ' ~ ~ Part 3 ~pYAL CLOer, OYlNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE ROYAI-&LOBE INSURANCE COMPANIES This coverage PART, the DECLARATIONS and other coverage PART(S), or endorsements referred to herein, and the GENERAL PROVISIONS complete the ~NS~eRT?J~~~ c°ntract of insurance. e COVERAGE FOR DESIGNATED PREMISES AND RELATED OPERATIONS IN PROGRESS INCLUDING STRUCTURAL ALTERATIONS, NEW CONSTRUCTION AND DEMOLITION I. COVERAGE A-BODILY INJURY LIABILITY COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of Coverage A. bodily inlury or Coverage i3. property damage to which this insurance applies, caused by an occurence and arising out of the ownership, maintenance or use of the insured premises and all operations necessary or incidental thereto, and the company shall have the right and duty to defend any suit against the insured seeking damages on ac- count of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudu- lent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but with respect to bodily inlury or property damage occurring while work performed by or on behalf of the named insured is in progress, this exclusion does not apply to a warranty that such work will be done in a workman- like manner, (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or un- loading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any in- sured; ,but this exclusion does not apply to the parking of an automobile on insured premises, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or un- loading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or prep- aration for any such contest or activity or (2) the opera- tion or use of any snowmobile or trailer designed for use therewith; (d) to~bodily inlury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or un- loading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on the insured premises; (f) to bodily injury or property damage arising out' of the discharge, dispersal, release or escape of smoke, vapors, 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 course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revo- lution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Pay- ments provision; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving al- coholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, or- dinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or (ii) by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contri- butes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (i) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's com- pensation, unemployment compensation or disability benefits law, or under any similar law; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (k) to property damage to (1) property-owned or occupied by or rented to the in- sured, (2) property used by the insured, or (3) property in the care, custody or control of the in, sured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with ~e- spect to property damage (other than to elevators) ans- ing out of the use of an elevator at the insured premises; (I) to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (m) to loss of use of tangible property 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 OLT Ed. 1-1-73 Over CL 67907A Continued From Reverse Side (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 performance, quality, fitness or durability warranted 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 acciden- tal physical injury to or destruction of the named in- sured's prcducts 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; (n) to property damage to the named insure d's products arising out of such products or any part of such products; (o) to property damage to work performed by or on behalf of the named insured arising out of the work or any por- tion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to bodily injury or property damage included within the completed operations hazard or the products hazard; (q) to bodily injury or property damage arising out of oper- ations on or from premises (other than the insured premises) owned by, rented to or controlled by the named insured, or to liability assumed by the insured under any contract or agreement relating to such prem- ises. II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) 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, and the spouse of the named insured with respect to the conduct of such a business; III. LIMITS OF LIABILITY Regardless of the number of (1) insureds under this pol- icy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Coverage A-The total liability of the company for all dam- ages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the re- sult of any one occureneeshall not exceed the limit of bodily injury Liability stated in the declarations as applicable to "each occurrence". Coverage B-The total liability of the company for all dam= ages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the declarations as applicable to "each occu ranee". Subject to the above provisions respecting "each Oecur- renee,' the total liability of the company for ail damages because of all property damage to which this coverage applies and arising out of and occurring in the course of structural alterations which involve changing the size of or moving buildings or other structures, new construction or demolition operations performed by or on behalf of the named insured (including any such property damage for which liability is assumed under any incidental contract relating to such operations) shall not exceed the limit of property damage liability stated in the declarations as "aggregate." Coverages A and 8-For the purpose of determining the limit of the company's liability, ail bodily injury and prop- erty damage arising out of continuous or repeated exposure to substantially the same general conditions shall be consid- ered as arising out ofi one occurenee. (b) 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; (c) if the named insured is designated in the declarations as other than an individual, partnership or joint ven- ture,the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (d) 'any person (other than an employee of the named in- sured) or organization while acting as real estate man- ager for the named insured. This insurance does not apply to bedily injury or property 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 namsd insured. IV. ADDITIONAL DEFINITION When used in reference to this insurance (including em dorsements forming a part of the policy): "insured premises" means (1) the premises designated in the declarations, (2) premises alienated by the named insured (other than premises constructed for sale by the named insured), if possession has been relinquished to. others, and (3) premises as to which the named insured acquires ownership or control and reports his intention to insure such premises under this policy and no other within 30 days after such acquisition; and includes the ways im- mediately adjoining such premises on land. V. POLICY TERRITORY This insurance applies only to bodily Injury or property damage which occurs within the policy territory. CL 67907A _ ENDORSEMENT ovnLCCO Type policy number only, in this section above the heavy I Q`BF in policy declarations. .r :' Unless otherwise stated, this endorsement forms a part of the policy to which ~'VSI/RAN~F' attached as of issue, provided such attachment is stated in-the policy declarations. ® Otherwise, this endorsement is issued for attachment to and forms a part of the policy numbered below, effective only on the date indicated on this endorsement but at the same time or hour of the day as the policy became effective. ~ ^ Add'I. Named Insured Land address, zip code, when necessary for mailing) J IN CONSIDERATION OF THE PREMIUM CHARGED, .THIS POLICY IS EXTENDED TO COVER SECT 405 OF PENAL LAW OF THE STATE OF N Y i~,~ T ~~! C~~ u~iTHl.!t.~), "~E~'~ V~~H is also shnum as an and_tional insured, ~`,li el~;~~ .._ rEr~~~i.r *ne sc:,~e. AUTHORIZED REPRESENTATIVE I,m~..~~..,n., I NLU Return $ Producer (and address, zip code, for mailing) ! 9 20 J Cl 2O029U--Sets Attach All Forms And Endorsements Here "elevator" means any hoisting or lowering device to connect iloors- or landings, whether or not in service, and all appliances thereof includ- ing any car, platform, shaft, hoistway, stairway, runway, power equip- ment and machinery; but does not include an automobile servicing hoist, or a hoist without aplatform-outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used ezclusively for carrying property or a dumbwaiter used ezclusively for carrying property and having a compartment height not exceeding four feet. "incidental contract" means any written (1) lease of premises, (21 easement agreement, except in connection with construction or demoli- tion operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement; "insured" means anv person or organization qualifying as an insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is hrought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (I) not subject to motor vehicle registration, or 12) maintained for use ezclu- sively on premises owned by ar rented to the named insured, including the ways immediately adjoining, or l3) designed for use principally off public roads, or (41 designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an im tegral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in~transit type); graders, scrapers, rollers and other road construc- tion or repair equipment; air~compressors, pumps and generators, in- cluding spraying, welding and building cleaning equipment; and geo- physical exploration and well servicing equipment; "named insured" means the person or organization named in Item 1. of 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 vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located far use of others but not sold; ~, "occurrence" means an accident, including continuous or-'repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured; "policy territory" means: (11 the United States of America, its territories or possessions, or Can• ado, or l2) international waters or air spate, provided the bodily injury or prop- erty damage does not occur in the course of travel or transportation to or from any other country, state or nation, or l31 anywhere in the world 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 (l) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising cut of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such prod- ucts has heen relinquished to others; "property damage" means (11 physical injury to or destruction of tangi- ble 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 occurrence during the policy period. CONDITIONS 1. Premium All premiums for this policy shall be computed in ac- cordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned pre- mium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earned premium shall be com- puted for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit The company shall be permitted but not obli- gated to inspect the named insured's property and operations at any time. Neither the company's right to make in- spections nor the making thereof nor any report thereon shall constitute an undertaking, do beh li of or for the benefit of the named insured or others, to determine o~ warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named insured's beaks and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility taws When this policy is cer?ified as proof of financial responsibility for the fu- ture under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury lia- bility or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company (or any pay ment made by the company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. - 4. Insured's Ruties in the Event of Occurrence, Claim or Sult (al In the event of an occurrence, written notice containing 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 availa- hie witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. (bl If claim is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the com~ pony's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution ar indemnity against any person or organization who may 6e liable to the insured be- cause of injury or damage with respect to which insurance 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 insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5. Action Against Company No action shall lie against the company unless, as a condition precedent 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 actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against CL 6790rC Poge 3 the insured to determine the insured's liability. nor shall the company he impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 6. Other Insurance The insurance afforded by this Felicy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. 15'hen this in- surance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis. the amount of the company's liability under this policy shalt 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 company shall not be liable under this policy for a greater preportion of the loss than that staled in the applicable cantributian provision below: (al Contribution by Equal Shares. If all of such other valid and col- lectible insurance provides for contribution by equal shares, the company 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 re- maining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full zmount of the to=_s is paid. lb) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the aDDlicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation In the event of any payment under this policy, the company 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 prejudice such rights. 8. 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 company 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 policy. 9. Assignment Assignment of interest under this policy shall not bind the company until its wnsent is endorsed here on; if. however, the named insured shall die, such insurance as is af- forded by this policy shall apply I11 to the named insured's legalrepre- sentative. as the named insured, but only while acting within the scope of his duties as such, and 121 with respect to the property of the named insured, to the person having proper temporary custody thereof, as im sured, but only until the appointment and qualification of the legal re presentative. 70. Three Year Policy If this policy is issued for a period of three years any limit of the company's liability stated in this policy as."aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation This policy may be cancelled by the named insured by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall beeffective. This policy may be cancelled by the company by mailing to the named insured at the ad- dress shown in this policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of sur- render or the effective date and hour of cancellation stated in the notice shall became the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be Computed pro rata. Premium adjustment maybe made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 12. Declarations By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless Countersigned on the declarations page by a duly authorized representative of the company. ~i ~. r ~ •.~ ~nrAornte Serretan' Ptetidettt CANCELLATION CONDITION-AMENDMENT OP FIRST PARAGRAPH Applicable to policies issued or delivered in Michigan It is agreed that with respect to the "CZncellation" provisions of the policy: 1. The words "at the address shown in this policy", appearing in the frst paragraph of the "Cancehation" Condition, are amended to read "at his address last known to the company or its authorized agent". 2. The provisions (if forming a part of the policy) of the endorsement entitled "Amendment of Termination Provisions (Michigan)" apply as stated therein. 3. The provisions, if any, forming a part of the policy which (by endorsement or otherwise) amend the "Cancellation" provisions of the policy other than as stated or designated in [his endorsement are deleted. A 0002 G~503 • ,, CL 679a1C Page 4 y ' 1 /I r .- -• .~f ~~~~s . ~ ,.,~.... ~~~~~ t ~,~~~~ -- r....._.....~._...r.._..... ~~,~ \~ A ~=~2~~~2t~s ~,sp'.~ht Mme. «~$. . ~ -w~lo„l~.'1`sAZwM~II~~ f ~N~ A D v~C q/s~7~,~ ~j ~ ~ ' ~! 3 ~ moo. ~~ pi ~¢~ RttO'~D GN 'ck 7DuT ft+~~N~ t~c'7+~1~+~ ~ . ~ ~ ~~ ~1 E ~ 4 C ~AR2 ~A ot,,p_ . ,, ., APPLICATION T0: JUDITH T. TERRY, TOWN CLERK, TOGTN OF SOUTHOLD APPLICATION IS HEREBY MADE, pursuant to the pro- visions of Section 405.00 of the Penal Law of the State of New York, for a permit to display fireworks as hereinafter specified: /~ ~~ The display is to be sponsored by 1~0.!ih (,6Cv,~'i ~~u . d'NUK 3a~ with principal office at ~u~r ~'hlc'n..~c~~ New York, and will be held on ~ ~ ~Qu day ont 19 2~ at aj'3o e~.~ !o r~M P.M. hour RAIN DATE:~~ /~j 7~ The following persons are to be in charge of the actual shooting of the fireworks: Experience 1 i T ~'~ 3 ~~' > 6 N.e ~~ 3 © / ~ c~~{,nn Physicaal Condition ,SLR ~e-~tiL~ ~~ Number and type of fireworks is as follows: i D-D ~-- ! i. t - The fireworks will be stored in a covered truck prior to the shooting on the grounds. Attached hereto and made apart hereof is a diagram of the grounds on which the display is to be held. Also attached is the certificate or policy of insurance coverage. Respectfully submitted, ~a~me /o/f organizat/i/on at New York.