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Form SL 00 00 10 18 Page 19 of 22
<br />© 2018, The Hartford
<br />(May include copyrighted material of Insurance Services Office, Inc., with its permission)
<br />(3)"Personal and advertising injury"offenses that take place through the Internet or similar electronic means
<br />of communication.
<br />provided the insured's responsibility to pay damages is determined in the United States of America (including its
<br />territories and possessions),Puerto Rico or Canada,in a "suit"on the merits according to the substantive law in
<br />such territory, or in a settlement we agree to.
<br />7."Electronic data"means information,facts or computer programs stored as or on,created or used on,or
<br />transmitted to or from computer software (including systems and applications software),on hard or floppy disks,
<br />CD-ROMs,tapes,drives,cells,data processing devices or any other repositories of computer software which are
<br />used with electronically controlled equipment.The term computer programs,referred to in the foregoing
<br />description of “electronic data”,means a set of related electronic instructions which direct the operations and
<br />functions of a computer or device connected to it,which enable the computer or device to receive,process,store,
<br />retrieve or send data.
<br />8."Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
<br />9."Executive officer"means a person holding any of the officer positions created by your charter,constitution,by-
<br />laws or any other similar governing document.
<br />10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
<br />11."Impaired property"means tangible property,other than "your product"or "your work",that cannot be used or is
<br />less useful because:
<br />a.It incorporates "your product"or "your work"that is known or thought to be defective,deficient,inadequate or
<br />dangerous; or
<br />b.You have failed to fulfill the terms of a contract or agreement;
<br />if such property can be restored to use by:
<br />a.The repair, replacement, adjustment or removal of "your product" or "your work"; or
<br />b.Your fulfilling the terms of the contract or agreement.
<br />12."Insured contract" means:
<br />a.A contract for a 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,lightning or explosion to premises while rented to
<br />you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises
<br />Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance.
<br />b.A sidetrack agreement;
<br />c.Any easement or license agreement,including an easement or license agreement in connection with
<br />construction or demolition operations on or within 50 feet of a railroad;
<br />d.Any obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a
<br />municipality;
<br />e.An elevator maintenance agreement; or
<br />f.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 of
<br />another party to pay for "bodily injury"or "property damage"to a third person or organization.Tort liability
<br />means a liability that would be imposed by law in the absence of any contract or agreement.
<br />Paragraph f.includes that part of any contract or agreement that indemnifies a railroad for "bodily injury"or
<br />"property damage"arising out of construction or demolition operations within 50 feet of any railroad property
<br />and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.
<br />However, Paragraph f. does not include that part of any contract or agreement:
<br />(1)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, designs or 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
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