|
11. "Impaired property" means tangible property,
<br />other than "your product" or "your work", that
<br />cannot be used or is less useful because:
<br />a. It incorporates "your product" or "your work"
<br />that is known or thought to be defective,
<br />deficient, inadequate or dangerous; or
<br />b. You have failed to fulfill the terms of a
<br />contract or agreement;
<br />if such property can be restored to use by the
<br />repair, replacement, adjustment or removal of
<br />"your product" or "your work", or your fulfilling the
<br />terms of the contract or agreement.
<br />12. "Insured contract" means:
<br />a. A contract for a lease of premises. However,
<br />that portion of the contract for a lease of
<br />premises that indemnifies any person or
<br />organization for damage by fire, lightning or
<br />explosion to premises while rented to you or
<br />temporarily occupied by you with permission
<br />of the owner is subject to the Damage to
<br />Premises Rented To You Limit described in
<br />Section III — Limits of Insurance;
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement,
<br />including an easement or license agreement
<br />in connection with construction or demolition
<br />operations on or within 50 feet of a railroad;
<br />d. An obligation, as required by ordinance, to
<br />indemnify a municipality, except in connection
<br />with work for a municipality;
<br />e. An elevator maintenance agreement;
<br />f. That part of any other contract or agreement
<br />pertaining to your business (including an
<br />indemnification of a municipality in connection
<br />with work performed for a municipality) under
<br />which you assume the tort liability of another
<br />party to pay for "bodily injury" or "property
<br />damage" to a third person or organization,
<br />provided the "bodily injury" or "property
<br />damage" is caused, in whole or in part, by
<br />you or by those acting on your behalf. Tort
<br />liability means a liability that would be
<br />imposed by law in the absence of any
<br />contract or agreement.
<br />Paragraph f. includes that part of any contract
<br />or agreement that indemnifies a railroad for
<br />"bodily injury" or "property damage" arising
<br />out of construction or demolition operations,
<br />within 50 feet of any railroad property and
<br />affecting any railroad bridge or trestle, tracks,
<br />road -beds, tunnel, underpass or crossing.
<br />However, Paragraph f. does not include that
<br />part of any contract or agreement:
<br />(1) That indemnifies an architect, engineer or
<br />surveyor for injury or damage arising out
<br />of:
<br />HG 00 01 09 16
<br />(a) Preparing, approving, or failing to
<br />prepare or approve, maps, shop
<br />drawings, opinions, reports, surveys,
<br />field orders, change orders or drawings
<br />and specifications; or
<br />(b) Giving directions or instructions, or
<br />failing to give them, if that is the
<br />primary cause of the injury or damage;
<br />or
<br />(2) Under which the insured, if an architect,
<br />engineer or surveyor, assumes liability for
<br />an injury or damage arising out of the
<br />insured's rendering or failure to render
<br />professional services, including those listed
<br />in (1) above and supervisory, inspection,
<br />architectural or engineering activities.
<br />13. "Leased worker" means a person leased to you
<br />by a labor leasing firm under an agreement
<br />between you and the labor leasing firm, to
<br />perform duties related to the conduct of your
<br />business. "Leased worker" does not include a
<br />"temporary worker".
<br />14."Loading or unloading" means the handling of
<br />property:
<br />a. After it is moved from the place where it is
<br />accepted for movement into or onto an
<br />aircraft, watercraft or "auto";
<br />b. While it is in or on an aircraft, watercraft or
<br />"auto" or
<br />c. While it is being moved from an aircraft,
<br />watercraft or "auto" to the place where it is
<br />finally delivered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a mechanical
<br />device, other than a hand truck, that is not
<br />attached to the aircraft, watercraft or "auto".
<br />15. "Mobile equipment" means any of the following
<br />types of land vehicles, including any attached
<br />machinery or equipment:
<br />a. Bulldozers, farm machinery, forklifts and other
<br />vehicles designed for use principally off public
<br />roads;
<br />b. Vehicles maintained for use solely on or next
<br />to premises you own or rent;
<br />c. Vehicles that travel on crawler treads;
<br />d. Vehicles, whether self-propelled or not,
<br />maintained primarily to provide mobility to
<br />permanently mounted:
<br />(1) Power cranes, shovels, loaders, diggers or
<br />drills; or
<br />(2) Road construction or resurfacing
<br />equipment such as graders, scrapers or
<br />rollers;
<br />e. Vehicles not deCri¢ad in a., b., c. or d. above
<br />that are not stili prdpe110%=and are maintained
<br />Page 19 of 21
<br />
|