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Paragraph a. above does not apply to fuels, 5. <br />lubricants, fluids, exhaust gases or other <br />similar "pollutants" that are needed for or <br />result from the normal electrical, hydraulic or <br />mechanical functioning of the covered "auto" <br />or its parts, if: <br />(1) The "pollutants" escape, seep, migrate <br />or are discharged , dispersed or <br />released directly from an "auto" part <br />designed by its manufacturer to hold, 6. <br />store, receive or dispose of such <br />"pollutants"; and <br />(2) The "bodily injury", "property damage" <br />or "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 <br />respect to "pollutants" not in or upon a <br />covered "auto" 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 <br />is seeking coverage or against whom a claim or <br />"suit" is brought. <br />H. "Insured contract" means: <br />1. A lease of premises; <br />2. A sidetrack agreement; <br />3. Any easement or license agreement, except in <br />connection with construction or demolition <br />operations on or within 50 feet of a railroad; <br />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 liabilityof another <br />to pay for "bodily injury"or "property damage" <br />to a third party or organization. Tort liability <br />means a liability that would be imposed by law <br />in the absence of any contractor agreement; or <br />That part of any contract or agreement <br />entered into, as part of your business, <br />pertaining to the rental or lease, by you or any <br />of your "employees", of any "auto". However, <br />such contract or agreement shall not be <br />considered an "insured contract" to the extent <br />that it obligates you or any of your <br />"employees" to pay for "property damage" to <br />any "auto" rented or leased by you or any of <br />your "employees". <br />An "insured contract" does not include that part <br />of any contract or agreement: <br />a. That indemnifies a railroad for "bodily <br />injury" or "property damage" arising out of <br />construction or demolition operations, <br />within 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, <br />leased or rented with a driver; or <br />c. That holds a person or organization engaged <br />in the business of transporting property by <br />"auto" for hire harmless for your use of a <br />covered "auto" over a route or territory <br />that person or organization is authorized to <br />serve by public authority. <br />I. "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 />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 />1. Bulldozers, farm machinery, forklifts and other <br />vehicles designed for use principally off public <br />roads; <br />4. An obligation, as required by ordinance, to 2. Vehicles maintained f <br />indemnify a municipality,except in connection to premises you own <br />with work for a municipality; 3. Vehicles that travel or <br />CA 00 01 10 13 © Insurance Services Office,lnc., 2011 <br />i <br />N_oaa RiskMmRgemerdDMsfan <br />19, " REVIEWED & APPROVED BY.- <br />4 <br />f P1. Vi&4441 <br />Risk Management Analyst <br />