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5. That part of any other contract or agreement pertaining to your business (including an <br />indemnification of a municipality in connection with work performed for a municipality) under <br />which you assume the tort liability of another party to pay for bodily injury or property damage <br />to a third person or organization. Tort liability means a liability that would be imposed by law in <br />the absence of any contract or agreement. <br />Paragraph 5. does not include that part of any contract or agreement: <br />a. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: <br />(1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, <br />opinions, reports, surveys, field orders, change orders or drawings and <br />specifications; or <br />(2) Giving directions or instructions, or failing to give them, if that is the primary <br />cause of the injury or damage; or <br />b. Under which the Insured, if an architect, engineer or surveyor, assumes liability for an <br />injury or damage arising out of the Insured's rendering or failure to render professional <br />services, including those listed in Item 5.a. above and supervisory, inspection, <br />architectural or engineering activities. <br />N. Loss means bodily injury or property damage, neither expected nor intended from the standpoint of the <br />Insured, caused by or resulting from a pollution condition and which results in a claim or suit. <br />O. Mediation means the non -binding intervention of a neutral third -party to effect resolution of a claim. <br />P. Mobile equipment means any of the following types of land vehicles, including any attached machinery <br />or equipment: <br />1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public <br />roads; <br />2. Vehicles maintained for use solely on or next to premises you own or rent; <br />3. Vehicles that travel on crawler treads; <br />4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently <br />mounted: <br />a. Power cranes, shovels, loaders, diggers or drills; or <br />b. Road construction or resurfacing equipment such as graders, scrapers or rollers; <br />5. Vehicles not described in 1., 2., 3. or 4. above that are not self-propelled and are maintained <br />primarily to provide mobility to permanently attached equipment of the following types: <br />a. Air compressors, pumps and generators, including spraying, welding, building cleaning, <br />geophysical exploration, lighting and well servicing equipment; or <br />b. Cherry pickers and similar devices used to raise or lower workers; <br />6. Vehicles not described in 1., 2., 3. or 4. above maintained primarily for purposes other than the <br />transportation of persons or cargo. <br />However, self-propelled vehicles with the following types of permanently attached equipment are not <br />mobile equipment but will be considered auto: <br />Risk MmagtAnad DRR810R <br />a. Equipment designed primarily for: % REVIEWED&APPROVED BY: <br />'' Risk Management Specialist <br />ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission <br />