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* S1 * 02/02/2024 * GLP 0482161 11 GREAT AMERICAN ASSURANCE COMPANY *D/B* 397946331 694948 7. "Hostile fire" means one which becomes un- Paragraph f. does not include that part of controllable or breaks out from where it was any contract or agreement: intended to be. (1) that indemnifies a railroad for "bodily 8. "Impaired property" means tangible prop- injury" or "property damage" arising erty, other than "your product" or "your out of construction or demolition op- work", that cannot be used or is less useful erations, within 50 feet of any railroad because: property and affecting any railroad bridge or trestle, tracks, road-beds, a. it incorporates "your product" or "your tunnel, underpass or crossing; work" that is known or thought to be de- fective, deficient, inadequate or danger- (2) that indemnifies an architect, engineer ous; or or surveyor for injury or damage aris- b. you have failed to fulfill the terms of a ing out of: contract or agreement; (a) preparing, approving, or failing to if such property can be restored to use by prepare or approve, maps, shop the repair, replacement, adjustment or remov- drawings, opinions, reports, sur- al of "your product" or "your work" or your veys, field orders, change orders fulfilling the terms of the contract or agree- or drawings and specifications; or ment. (b) giving directions or instructions, 9. "Insured contract" means: or failing to give them, if that is the primary cause of the injury or a. a contract for a lease of premises. How- damage; or ever, that portion of the contract for a lease of premises that indemnifies any (3) under which the Insured, if an archi- person or organization for damage by fire tect, engineer or surveyor, assumes Zi- to premises while rented to you or tem- ability for an injury or damage arising porarily occupied by you with permission out of the Insured's rendering or fail- of the owner is not an "insured contract"; ure to render professional services, including those listed in (2) above and b. a sidetrack agreement; supervisory, inspection, architectural or engineering activities. c. any easement or license agreement, ex- cept in connection with construction or 10. "Leased worker" means a person leased to demolition operations on or within 50 feet you by a labor leasing firm under an agree- of a railroad; ment between you and the labor leasing firm, to perform duties related to the conduct of d. an obligation, as required by ordinance, to your business.your worker" does not in- indemnify a municipality, except in con- clude a "temporary worker." nection with work for a municipality; e. an elevator maintenance agreement; 11. "Loading or unloading" means the handling of property: f. that part of any other contract or agree- ment pertaining to your business (including a. after it is moved from the place where it an indemnification of a municipality in is accepted for movement into or onto an connection with work performed for a aircraft, watercraft or "auto"; municipality) under which you assume the tort liability of another party to pay for b. while it is in or on an aircraft, watercraft "bodily injury" or "property damage" to a or "auto"; or third person or organization. Tort liability means a liability that would be imposed by c. while it is being moved from an aircraft, law in the absence of any contract or watercraft or "auto" to the place where it agreement. is finally delivered; Copyright, ISO Properties, Inc., 2012 CG 00 01 (Ed. 04/13) (Page 17 of 20)