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UH3 A664942 07 1001631 <br />including any attached machinery or <br />f. That part of any other contract or <br />equipment; or <br />agreement pertaining to your business <br />b. Any other land vehicle that is subject to a <br />(including an indemnification of a <br />compulsory or financial responsibility law <br />municipality in connection with work <br />or other motor vehicle insurance law <br />performed for a municipality) under which <br />where it is licensed or principally garaged. <br />you assume, the tort liability of another <br />party to pay for "bodily injury" or "property <br />However, "auto" does not include "mobile <br />damage" to a third person or organization. <br />equipment". <br />Tort liability means a liability that would be <br />4. "Bodily injury" means bodily injury, sickness <br />imposed by law in the absence of any <br />or disease sustained by a person including <br />contract or agreement. <br />death resulting from any of these at any time. <br />Paragraph f. does not include that part of <br />"Bodily injury" includes mental anguish or <br />any contract or agreement: <br />other mental injury resulting from "bodily <br />injury". <br />(1) That indemnifies a railroad for "bodily <br />injury" or "property damage" arising <br />5. "Employee" includes a "leased worker". <br />out of construction or demolition <br />"Employee" does not include a "temporary <br />operations, within 50 feet of any <br />worker". <br />railroad property and affecting any <br />6. "Executive Officer" means a person holding <br />railroad bridge or trestle, tracks, road - <br />any of the officer positions created by your <br />beds, tunnel, underpass or crossing; <br />charter, constitution, by-laws or any other <br />(2) That indemnifies an architect, <br />similar governing document. <br />engineer or surveyor for injury or <br />7. "Impaired property" means tangible <br />damage arising out of: <br />property, other than "your product" or "your <br />(a) Preparing, approving or failing to <br />work", that cannot be used or is less useful <br />prepare or approve maps, shop <br />because: <br />drawings, opinions, reports, <br />a. It incorporates "your product" or "your <br />surveys, field orders, change <br />work" that is known or thought to be <br />orders or drawings and <br />defective, deficient, inadequate or <br />specifications; or <br />dangerous; or <br />(b) Giving directions or instructions, <br />b. You have failed to fulfill the terms of the <br />or failing to give them, if that is the <br />contract or agreement; <br />primary cause of the injury or <br />if such property can be restored to use by the <br />damage; <br />repair, replacement, adjustment or removal of <br />(3) Under which the insured, if an <br />"your product" or "your work" or your fulfilling <br />architect, engineer or surveyor, <br />the terms of the contract or agreement. <br />assumes liability for an injury or <br />8. "Insured contract" means: <br />damage arising out of the insured's <br />rendering or failure to render <br />a. A contract for a lease of premises. <br />professional services, including those <br />However, that portion of the contract for a <br />listed in paragraph (2) above and <br />lease of premises that indemnifies any <br />supervisory, inspection or engineering <br />person or organization for damage by fire <br />activities. <br />to premises while rented to you or <br />temporarily occupied by you with <br />9• "Leased Worker" means a person leased to <br />permission of the owner is not an "insured <br />you by a labor leasing firm under an <br />contract"; <br />agreement between you and the labor leasing <br />firm, to perform duties related to the conduct <br />b. A sidetrack agreement; <br />of your business. "Leased worker" does not <br />c. Any easement or license agreement, <br />include a "temporary worker". <br />except in connection with construction or <br />10. "Loading or Unloading" means the handling <br />demolition operations on or within 50 feet <br />of property: <br />of a railroad; <br />a. After it is moved from the place where it is <br />d. An obligation, as required by ordinance, to <br />accepted for movement into or onto an <br />indemnify a municipality, except in <br />aircraft, watercraft or "auto"; <br />connection with work for a municipality; <br />b. While it is in or on an aircraft, watercraft or <br />e. An elevator maintenance agreement, "auto"; or <br />Risk Division <br />475-0001 01 18 Includes copyrighted material of Insurance services Office, Inc., with its permissior ;% E o RE\AEwED&APPROVED BY. - <br />Copyright 2017 The Hanover Insurance Group, Inc. All Rights Reserved. S� <br />`�--'� Risk Management Specialist <br />