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9. "Insured contract" means:
<br />a. A contract for a lease of premises. However,
<br />that portion of the contract for a lease of
<br />premises that indemnifies any person or
<br />organization for damage by fire to premises
<br />while rented to you or temporarily occupied by
<br />you with permission of the owner is not an
<br />"insured contract";
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement, except in
<br />connection with construction or demolition
<br />operations on or within 50 feet of a railroad;
<br />d. An obligation, as required by ordinance, to
<br />indemnify a municipality, except in connection
<br />with work for a municipality;
<br />e. An elevator maintenance agreement;
<br />f. 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
<br />party to pay for "bodily injury" or "property
<br />damage" to a third person or organization. Tort
<br />liability means a liability that would be imposed
<br />by law in the absence of any contract or
<br />agreement.
<br />Paragraph f. does not include that part of any
<br />contract or agreement:
<br />(1) 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, road -beds, tunnel, underpass or
<br />crossing;
<br />(2) That indemnifies an architect, engineer or
<br />surveyor for injury or damage arising out of:
<br />(a) Preparing, approving, or failing to
<br />prepare or approve, maps, shop
<br />drawings, opinions, reports, surveys,
<br />field orders, change orders or drawings
<br />and specifications; or
<br />(b) Giving directions or instructions, or
<br />failing to give them, if that is the primary
<br />cause of the injury or damage; or
<br />(3) Under which the insured, if an architect,
<br />engineer or surveyor, assumes liability for
<br />an injury or damage arising out of the
<br />insured's rendering or failure to render
<br />professional services, including those listed
<br />in (2) above and supervisory, inspection,
<br />architectural or engineering activities.
<br />10."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 />11."Loading or unloading" means the handling of
<br />property:
<br />a. After it is moved from the place where it is
<br />accepted for movement into or onto an aircraft,
<br />watercraft or "auto";
<br />b. While it is in or on an aircraft, watercraft or
<br />"auto"; or
<br />c. While it is being moved from an aircraft,
<br />watercraft or "auto" to the place where it is
<br />finally delivered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a mechanical
<br />device, other than a hand truck, that is not
<br />attached to the aircraft, watercraft or "auto".
<br />12."Mobile equipment" means any of the following
<br />types of land vehicles, including any attached
<br />machinery or equipment:
<br />a. Bulldozers, farm machinery, forklifts and other
<br />vehicles designed for use principally off public
<br />roads;
<br />b. Vehicles maintained for use solely on or next to
<br />premises you own or rent;
<br />c. Vehicles that travel on crawler treads;
<br />d. Vehicles, whether self-propelled or not,
<br />maintained primarily to provide mobility to
<br />permanently mounted:
<br />(1) Power cranes, shovels, loaders, diggers or
<br />drills; or
<br />(2) Road construction or resurfacing equipment
<br />such as graders, scrapers or rollers;
<br />e. Vehicles not described in Paragraph a., b., c.
<br />or d. above that are not self-propelled and are
<br />maintained primarily to provide mobility to
<br />permanently attached equipment of the
<br />following types:
<br />(1) Air compressors, pumps and generators,
<br />including spraying, welding, building
<br />cleaning, geophysical exploration, lighting
<br />and well servicing equipment; or
<br />(2) Cherry pickers and similar devices used to
<br />raise or lower workers;
<br />f. Vehicles not described in Paragraph a., b., c.
<br />or d. above maintained primarily for purposes
<br />other than the transportation of persons or
<br />cargo.
<br />Page 14 of 16 © Insurance Services Office, Inc., 2012
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