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P01icy: BAP8311663-16 <br />Paragraph a. above does not apply to fuels, <br />lubricants, fluids, exhaust gases or other <br />similar "pollutants" that are needed for or result <br />from the normal electrical, hydraulic or <br />mechanical functioning of the covered "auto" or <br />its parts, if: <br />(1) The "pollutants" escape, seep, migrate <br />or are discharged, dispersed or released <br />directly from an "auto" part designed by <br />its manufacturer to hold, store, receive <br />or dispose of such "pollutants'; and <br />(2) The "bodily injury", "property damage" or <br />"covered pollution cost or expense" <br />does not arise out of the operation of <br />any equipment listed in Paragraph 6.b. <br />or 6.c. of the definition of "mobile <br />equipment". <br />Paragraphs b. and c. above do not apply to <br />"accidents" that occur away from premises <br />owned by or rented to an "insured" with respect <br />to "pollutants" not in or upon a covered "auto" <br />if: <br />(a) The "pollutants" or any property in <br />which the "pollutants" are contained <br />are upset, overturned or damaged as <br />a result of the maintenance or use of <br />a covered "auto"; and <br />(b) The discharge, dispersal, seepage, <br />migration, release or escape of the <br />"pollutants" is caused directly by <br />such upset, overturn or damage. <br />E. "Diminution in value" means the actual or <br />perceived loss in market value or resale value <br />which results from a direct and accidental "loss". <br />F. "Employee" includes a "leased worker". <br />"Employee" does not include a "temporary <br />worker". <br />G. "Insured" means any person or organization <br />qualifying as an insured in the Who Is An Insured <br />provision of the applicable coverage. Except with <br />respect to the Limit of Insurance, the coverage <br />afforded applies separately to each insured who is <br />seeking coverage or against whom a claim or <br />"suit" is brought. <br />H. "Insured contract" means: <br />1. A lease of premises; <br />5. 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 to <br />pay for "bodily injury" or "property damage" to a <br />third party or organization. Tort liability means <br />a liability that would be imposed by law in the <br />absence of any contract or agreement; or <br />6. That part of any contract or agreement entered <br />into, as part of your business, pertaining to the <br />rental or lease, by you or any of your <br />"employees", of any "auto". However, such <br />contract or agreement shall not be considered <br />an "insured contract" to the extent that it <br />obligates you or any of your "employees" to <br />pay for "property damage" to any "auto" rented <br />or leased by you or any of your "employees". <br />An "insured contract" does not include that part of <br />any contract or agreement: <br />a. That indemnifies a railroad for "bodily injury" <br />or "property damage" arising out of <br />construction or demolition operations, within <br />50 feet of any railroad property and <br />affecting any railroad bridge or trestle, <br />tracks, roadbeds, tunnel, underpass or <br />crossing; <br />b. That pertains to the loan, lease or rental of <br />an "auto" to you or any of your <br />"employees", if the "auto" is loaned, leased <br />or rented with a driver; or <br />c. That holds a person or organization <br />engaged in the business of transporting <br />property by "auto" for hire harmless for your <br />use of a covered "auto" over a route or <br />territory that person or organization is <br />authorized to serve by public authority. <br />I. "Leased worker" means a person leased to you by <br />a labor leasing firm under an agreement between <br />you and the labor leasing firm to perform duties <br />related to the conduct of your business. "Leased <br />worker" does not include a "temporary worker". <br />J. "Loss" means direct and accidental loss or <br />damage. <br />K. "Mobile equipment" means any of the following <br />types of land vehicles, including any attached <br />machinery or equipment: <br />2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other <br />3. Any easement or license agreement, except in vehicles designed for use principally off public <br />connection with construction or demolition roads; <br />operations on or within 50 feet of a railroad; 2. Vehicles maintained for use solely on or next to <br />4. An obligation, as required by ordinance, to premises you own or rent; <br />indemnify a municipality, except in connection 3. Vehicles that travel on crawler treads; <br />with work for a municipality; <br />CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 <br />