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3. "Bodily injury" means bodily injury, sickness or
<br />disease sustained by a person, including death
<br />resulting from any of these at any time.
<br />4. "Coverage territory" means:
<br />a. The United States of America (including its
<br />territories and possessions), Puerto Rico and
<br />Canada;
<br />b. International waters or airspace, but only if the
<br />injury or damage occurs in the course of travel
<br />or transportation between any places included
<br />in a. above; or
<br />c. All other parts of the world if the injury or dam-
<br />age arises out of:
<br />(1) Goods or products made or sold by you in
<br />the territory described in a. above;
<br />(2) The activities of a person whose home is in
<br />the territory described in a. above, but is
<br />away for a short time on your business; or
<br />(3) "Personal and advertising injury" offenses
<br />that take place through the Internet or simi-
<br />lar electronic means of communication
<br />provided the insured's responsibility to pay dam-
<br />ages is determined in a "suit" on the merits, in the
<br />territory described in a. above or in a settlement
<br />we agree to.
<br />5. "Employee" includes a "leased worker". "Em-
<br />ployee" does not include a "temporary worker".
<br />6. "Executive officer" means a person holding any of
<br />the officer positions created by your charter, con-
<br />stitution, by-laws or any other similar governing
<br />document.
<br />7. "Hostile fire" means one which becomes uncon-
<br />trollable or breaks out from where it was intended
<br />to be.
<br />8. "Impaired property" means tangible property, other
<br />than "your product" or "your work", that cannot be
<br />used or is less useful because:
<br />a. It incorporates "your product" or "your work"
<br />that is known or thought to be defective, defi-
<br />cient, inadequate or dangerous; or
<br />b. You have failed to fulfill the terms of a contract
<br />or agreement;
<br />if such property can be restored to use by:
<br />a. The repair, replacement, adjustment or re-
<br />moval of "your product" or "your work'; or
<br />b. Your fulfilling the terms of the contract or
<br />agreement.
<br />9. "Insured contract" means:
<br />a. A contract for a lease of premises. However,
<br />that portion of the contract for a lease of prem-
<br />ises that indemnifies any person or organiza-
<br />tion for damage by fire to premises while
<br />rented to you or temporarily occupied by you
<br />with permission of the owner is not an "insured
<br />contract";
<br />b. A sidetrack agreement;
<br />C. Any easement or license agreement, except in
<br />connection with construction or demolition op-
<br />erations 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 in-
<br />demnification 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 dam-
<br />age" to a third person or organization. Tort li-
<br />ability 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 in-
<br />jury" or "property damage" arising out of
<br />construction or demolition operations, within
<br />50 feet of any railroad property and affect-
<br />ing any railroad bridge or trestle, tracks,
<br />road -beds, tunnel, underpass or 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 pre-
<br />pare or approve, maps, shop drawings,
<br />opinions, reports, surveys, field orders,
<br />change orders or drawings and specifi-
<br />cations; 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 in-
<br />sured's rendering or failure to render pro-
<br />fessional services, including those listed in
<br />(2) above and supervisory, inspection, ar-
<br />chitectural or engineering activities.
<br />,'1 n) ni'`✓L D r S; 10 „t
<br />Lauij Sttt Sht-ody�
<br />Asaiste;it, City Attor,icc
<br />CG 00 01 10 01 © ISO Properties, Inc., 2000 Page 13 of 16 ❑
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