Appendix 9
Page 1 of 11
POLICY:
Directors & Officers Liability
LIMIT:
$10M
INSURING AGREEMENT:
Coverage A: Directors & Officers Insurance
This policy shall pay the loss of each and every Director or
Officer of the company arising from any claim or claims first
made against the Directors or Officers and reported to the
Insurer during the policy period for any alleged wrongful act in
their respective capacities as Directors or Officers of the
company, except for and to the extent that the company has
indemnified the Directors or Officers.
Coverage B: Company Reimbursement Insurance
This policy shall reimburse the company for loss arising from
any claim or claims which are first made against the Directors
or Officers and reported to the Insurer during the Policy period
for any alleged wrongful act in their respective capacities as
Directors or Officers of the company, but only when and to the
extent that the company has indemnified the Directors or
Officers for such loss pursuant to law, common or statutory, or
contract, or the charter or by-laws of the company duly effective
under such law which determines and defines such rights of
indemnity.
Coverage C: Company Liability
This policy shall reimburse Solix, Inc. for loss arising from any
claim or claims that are first made against it and reported to the
Insurer during the policy period for any alleged wrongful act.
Appendix 9
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EXCLUSIONS:
Claims resulting in finding of personal profit, gain or
advantage.
Claims relating to insider trading losses (Section 16(b) of the
Securities Exchange Act of 1934).
Claims brought about or contributed to by the fraudulent,
dishonest or criminal acts of the Directors and Officers.
However, this exclusion does not apply unless a judgment or
other final adjudication adverse to the Directors and Officers
shall establish fraud, dishonesty or criminal act(s).
Claims covered by other insurance.
Claims reported under prior policies of which this is a
renewal.
Claims involving Insured/Company vs. Insured situations.
Claims involving ERISA situations.
Claims arising out of any pending or prior litigation as of July
28, 2000.
Claims involving bodily injury or property damage. Claims
involving violations of rules, regulations, ordinances, etc.
relating to charges of pollution, seepage or contamination.
Claims relating to Nuclear Energy Liability incidents.
Claims arising out of the operation of a Captive Insurance
Company.
Claims arising out of outside directorships.
Appendix 9
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POLICY:
Comprehensive General Liability
LIMIT:
$1M Occurrence
2M Aggregate
INSURING AGREEMENT:
Coverage A: Bodily Injury and Property Damage Liability
This insurance covers third party legal liability
for bodily injury and property damage. Damages
because of bodily injury include damages
claimed by any person or organization for care,
loss of services or death resulting at any time
from the bodily injury.
Coverage B: Personal and Advertising Injury Liability
This insurance applies to:
1.)
Personal Injury caused by an offense
arising out of Solix, Inc. business, excluding
advertising,
publishing,
broadcasting
or
telecasting done by or for Solix, Inc..
2.)
Advertising Injury caused by an offense
committed in the cause of advertising goods,
products or services.
Coverage C: Medical Payments
This insurance will pay for medical expenses for
bodily injury caused by an accident. These
expenses include first aid administered, medical,
surgical, x-ray and dental services, including
prosthetic devices and ambulance, hospital,
professional nursing and funeral services.
Appendix 9
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EXCLUSIONS:
Coverage A: Bodily Injury and Property Damage Liability
This insurance does not apply to bodily injury
or property damage expected or intended from
the standpoint of Solix, Inc..
This insurance does not apply to bodily injury
or property damage for which Solix, Inc. is
obligated to pay damages by reason of the
assumption of liability in a contract or
agreement.
This insurance does not apply to any of Solix,
Inc. under workers compensation, disability
benefits or unemployment compensation law.
This insurance does not apply to bodily injury to
an employee of Solix, Inc..
This insurance does not apply to property
damage to property owned, rented, occupied,
loaned or personal property in the care, custody
or control of Solix, Inc..
Coverage B: Personal and Advertising Injury Liability
This insurance does not apply to personal injury
or advertising injury arising out of oral or written
publication of material, if done by or at the
direction of Solix, Inc. with the knowledge of its
falsity.
This insurance does not apply to personal injury
or advertising injury arising out of the willful
violation of a penal statute or ordinance
committed by or with the consent of Solix, Inc..
This insurance does not apply to advertising
injury arising out of breach of contract, other
than misappropriation of advertising ideas under
an implied contract.
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This insurance does not apply to dvertising
injuryarising out of the failure of goods,
products or services to conform with advertised
quality or performance.
This insurance does not apply to dvertising
injury arising out of the wrong description of the
price of goods, products or services.
Coverage C: Medical Payments
Expenses for bodily injury will not be paid to
any person hired to do work for or on behalf of
Solix, Inc..
Expenses for bodily injury will not be paid to a
person, whether or not an employee of Solix,
Inc., if benefits for the bodily injury are payable
under a workers compensation or disability
benefits law or a similar law.
Expenses for bodily injury will not be paid to a
person injured while taking part in athletics.
Appendix 9
Page 6 of 11
POLICY:
Umbrella
LIMIT:
$10M
15M excess 10M
INSURING AGREEMENT:
Coverage A: Excess Follow Form Liability
This policy will pay for loss covered in excess of the total
applicable limits of Solix, Inc.’s Comprehensive General
Liability.
Coverage B: Umbrella liability
This policy will pay damages Solix, Inc. becomes legally
obligated to pay by reason of liability imposed by law assumed
under an insured contract because of bodily injury, property
damage, personal injury or advertising injury.
EXCLUSIONS:
Under Coverage A and Coverage B, this insurance does not
apply to:
-
any liability based on, attributable to, related to or in any
manner arising out of asbestos liability or any manner
arising out of any actual or alleged employment
practices.
-
any liability or obligation imposed on Solix, Inc. under
any
workers
compensation,
unemployment
compensation or disability benefits law or any similar
law.
-
any liability or obligation imposed on Solix, Inc. under
the United States Employees Retirement Income
Security Act.
-
any liability arising out of any act, error, omission or
mistake committed or alleged to have been committed
by or on behalf of Solix, Inc. in rendering or failing to
render professional services or advice.
Appendix 9
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Under Coverage A, this insurance does not apply to:
-
any liability arising out of the actual, alleged or threatened,
discharge, dispersal, seepage, migration, release or escape
of pollutants.
Under Coverage B, this insurance does not apply to:
-
any liability arising out of the ownership maintenance, use,
loading or unloading or entrustment to others of any
aircraft owned by Solix, Inc. or rented, loaned, chartered by
or on behalf of Solix, Inc..
-
any liability arising out of the ownership, maintenance, use,
loading or unloading or entrustment to others of autos.
-
advertising injury arising out of breach of contract, the
failure of goods, products or services to conform with
advertised quality or performance, the wrong description of
the price of goods, products or services.
-
property damage to impaired property or property that has
not been physically injured arising out of a defect,
deficiency, inadequacy or dangerous condition in Solix,
Inc.’s product or work or a delay failure by Solix, Inc. to
perform a contract or agreement in accordance with its
terms.
-
property damage to Solix, Inc.'s product or work arising
out of it or any part of it.
-
any injury to an employee of Solix, Inc. arising out of and
in the course of employment.
-
personal injury or advertising injury arising out of oral or
written publication of material, if done by or at the
direction of Solix, Inc. with knowledge of its falsity.
-
any liability arising out of the ownership, maintenance, use,
loading or unloading or entrustment to others of any
watercraft owned by Solix, Inc..
-
any liability arising out of the actual, alleged or threatened
discharge, dispersal, seepage, migration, release or escape
of pollutants.
Appendix 9
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POLICY:
Workers Compensation
LIMIT:
Coverage A - Statutory (Based on individual state requirements)
Coverage B - $1MM
INSURING AGREEMENT:
Coverage A - Workers Compensation Insurance
This policy applies to bodily injury by accident or injury by
disease for those employees under the Workers Compensation
law. Bodily injury includes resulting death.
Coverage B - Employers Liability Insurance
This policy applies to bodily injury by accident or bodily injury
by disease for those employees not under the Workers
Compensation law.
PAYMENT LIMITATIONS
Coverage A - Workers Compensation Insurance
-
Due to serious and willful misconduct of NECA Services
NECA Services knowingly employs an employee in violation of law.
NECA Services failure to comply with a health or safety law and:
The discharge, coercion or otherwise discrimination against any employee in violation of the
workers compensation law.
EXCLUSIONS:
Coverage B - Employers Liability Insurance
-
Liability assumed under a contract
Punitive or exemplary damages because of bodily injury to an employee employed in violation of
law if known to any executive officer
Liability imposed by workers compensation, or any similar law.
Bodily injury intended or aggravated by NECA Services.
Bodily injury occurring outside the U.S. or Canada except those temporarily away.
Wrongful discharge or discrimination.
Appendix 9
Page 9 of 11
POLICY:
Blanket Crime
LIMIT:
$5M
DEDUCTIBLE:
$50,000
INSURING AGREEMENT:
1
2
3
4
5
6
EXCLUSIONS:
This insurance does not apply to loss dependent upon an
inventory computation or a profit and loss computation.
Employee Dishonesty
Forgery or Alteration
Inside the Premises
Outside the Premises
Computer Fraud, including Funds Transfer Fraud
Money Orders & Counterfeit Paper Currency
This insurance does not apply to the defense of any legal
proceeding brought against Solix, Inc., or to fees, costs or
expenses incurred or paid by Solix, Inc. in prosecuting or
defending any legal proceeding whether or not such
proceeding results or would result in a loss to Solix, Inc..
This insurance does not apply to potential income, including but not
limited to interest and dividends, not realized by Solix, Inc. because of
a loss covered under this policy.
This insurance does not apply to damages of any type for
which Solix, Inc. is legally liable, except direct compensatory
damages arising from a loss covered under this policy.
This insurance does not apply to costs, fees and other
expenses incurred by Solix, Inc. in establishing the existence of
or amount of loss covered under this policy.
Appendix 9
Page 10 of 11
POLICY:
Professional Liability
LIMIT:
$5M
DEDUCTIBLE:
$50,000
INSURING AGREEMENT:
This policy will pay all sums which the Insured shall become legally
obligated to pay as damages and claim expenses resulting from any
claim for any wrongful act of the Insured, caused by any act, error or
omission of the Insured or any other person for whose acts the Insured
is legally liable.
EXCLUSIONS:
Claims alleging intentional wrongdoing, fraud, dishonesty,
or malicious wrongful acts. However, defense costs will be
provided until a judgment is made.
Claims arising out of Bodily Injury, Property Damage or P
Personal Injury.
Claims arising out of the gaining in fact of any
personal profit or advantage to which the Insured is not
legally entitled.
Appendix 9
Page 11 of 11
POLICY:
Business Interruption
LIMIT:
$5.8 M
DEDUCTIBLE:
$1,000
INSURING AGREEMENT:
This policy will pay for the actual loss of Business Income Solix, Inc.
sustains due to the necessary interruption of business operations.