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Po(iCY: BAP831.1663-1 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "Pollutants" that are needed for or result. from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts„ if: (11) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "Pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and' c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered ",auto" if: (a) The "'pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and. accidental "loss". F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker" C. "Insured"' means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1.. A lease of premises, 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation„ as required by ordinance, to indemnify a municipality, except in connection with work for a municipality, 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a muni'cipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort Biability means a liability that would be imposed by law in the absence of any contract or agreement; or 5. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your '"employees"of any "auto". however, such contract or agreement shall not be considered an "insured contract" to the extent that it obli,gateS you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your ",employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your '"employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. 1. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between ,you and the labor leasing firm to perform duties related to the conduct of your business. "Leased v,forker" does not include a "temporary worker". J. "Doss" means direct and accidental loss or damage.. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1, Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2 Vehicles maintained for use solely on or next to premises you own or rent; 3, Vehicles that travel on crawler treads; CA 00 01 10 13 C Insurance Services Office, Inc., 2011 � Page 11 of 12