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b. Your fulfilling the terms of the contract or agreement. <br /> 12. Insured contract means: <br /> a. A contract for lease of premises. However, that portion of the contract for a lease of premises that <br /> indemnifies any person or organization for damage by fire to premises while rented to you or temporarily <br /> occupied by you with permission of the owner is not an insured contract; <br /> b. A sidetrack agreement; <br /> c. Any easement or license agreement, except in connection with construction or demolition operations on or <br /> within 50 feet of a railroad; <br /> d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a <br /> municipality; <br /> e. An elevator maintenance agreement; <br /> f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or <br /> lease, by you or any of your employees, of any auto. However, such contract or agreement shall not be <br /> considered an insured contract to the extent that it obligates you or any of your employees to pay for <br /> property damage to any auto rented or leased by you or any of your employees; or <br /> g. That part of any other contract or agreement pertaining to your business (including an indemnification of a <br /> municipality in connection with work performed for a municipality) under which you assume the tort liability <br /> of another party to pay for bodily injury or property damage to a third person or organization, provided <br /> the bodily injury or property damage is caused, in whole or in part, by you or by those acting on your <br /> behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or <br /> agreement. <br /> Paragraphs f. and g. above do not include that part of any contract or agreement: <br /> (1) That indemnifies a railroad for bodily injury or property damage arising out of construction or <br /> demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, <br /> tracks, road-beds, tunnel, underpass or crossing; <br /> (2) That pertains to the loan, lease or rental of an auto to you or any of your employees, if the auto is <br /> loaned, leased or rented with a driver; <br /> (3) That holds a person or organization engaged in the business of transporting property by auto for hire <br /> harmless for your use of a covered auto over a route or territory that the person or organization is <br /> authorized to serve by public authority; <br /> (4) That indemnifies an architect, engineer, or surveyor for injury or damage arising out of: <br /> (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, <br /> surveys, field orders, change orders, drawings and specifications; or <br /> (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or <br /> damage; or <br /> (5) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage <br /> arising out of the insured's rendering or failure to render professional services, including those listed in <br /> Paragraph (4) above and supervisory, inspection, architectural or engineering activities. <br /> 13. Leased worker means a person leased to you by a labor leasing firm, under an agreement between you and <br /> the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include <br /> a temporary worker. <br /> LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 20 of 24 <br /> Includes copyrighted material of Insurance Services Office, Inc., with its permission. <br />