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BUSINESS LIABILITY COVERAGE FORM <br />a. The United States of America (including its <br />territories and possessions), Puerto Rico <br />and Canada; <br />b. International waters or airspace, but only if <br />the injury or damage occurs in the course <br />of travel or transportation between any <br />places included in a. above; <br />c. All other parts of the world if the injury or <br />damage arises out of: <br />(1) Goods or products made or sold by you <br />in the territory described in a. above; <br />(2) The activities of a person whose home <br />is in the territory described in a. <br />above, but is away for a short time on <br />your business; or <br />(3) "Personal and advertising injury" <br />offenses that take place through the <br />Internet or similar electronic means of <br />communication <br />provided the insured's responsibility to pay <br />damages is determined in the United States of <br />America (including its territories and <br />possessions), Puerto Rico or Canada, in a <br />"suit" on the merits according to the <br />substantive law in such territory, or in a <br />settlement we agree to. <br />7. "Electronic data" means information, facts or <br />programs: <br />a. Stored as or on; <br />b. Created or used on; or <br />c. Transmitted to or from <br />computer software, including systems and <br />applications software, hard or floppy disks, <br />CD-ROMS, tapes, drives, cells, data <br />processing devices or any other media which <br />are used with electronically controlled <br />equipment. <br />8. "Employee" includes a 'leased worker". <br />"Employee" does not include a "temporary <br />worker". <br />9. "Executive officer" means a person holding <br />any of the officer positions created by your <br />charter, constitution, by -lays or any other <br />similar governing document. <br />10. "Hostile fire" means one which becomes <br />uncontrollable or breaks out from where it was <br />intended to be. <br />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: <br />a. The repair, replacement, adjustment or <br />removal of "your product" or "your work"; <br />or <br />b. Your fulfilling the terms of the contract or <br />agreement. <br />12. "Insured contract" means: <br />a. A contract for a lease of premises. <br />However, that portion of the contract for a <br />lease of premises that indemnifies any <br />person or organization for damage by fire, <br />lightning or explosion to premises while <br />rented to you or temporarily occupied by <br />you with permission of the owner is <br />subject to the Damage To Premises <br />Rented To You limit described in Section <br />D. — Liability and Medical Expenses Limits <br />of Insurance. <br />b. A sidetrack agreement; <br />c. Any easement or license agreement, <br />including an easement or license <br />agreement in connection with construction <br />or demolition operations on or within 50 <br />feet of a railroad; <br />d. Any obligation, as required by ordinance. <br />to indemnify a municipality, except in <br />connection with work for a municipality; <br />e. An elevator maintenance agreement; or <br />f. That part of any other contract or <br />agreement pertaining to your business <br />(including an indemnification of a <br />municipality in connection with work <br />performed for a municipality) under which <br />you assume the tort liability of another <br />party to pay for "bodily injury" or "properly <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. <br />Tort 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 <br />contract or agreement that indemnifies a <br />railroad for "bodily injury" or "property <br />damage" arising out of construction or <br />demolition operations within 50 feet of any <br />railroad property and affecting any railroad <br />bridge or trestle, tracks, road -beds, tunnel, <br />underpass or crossing. <br />However, Paragraph f. does not include <br />that part of any contract or agreement: <br />Form SS 00 08 04 05 <br />Page 21 of 2 AA <br />I <br />