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BUSINESS LIABILITY COVERAGE FORM <br />a. The United States of America (including its b. You have failed to fulfill the terms of a <br />territories and possessions), Puerto Rico contract or agreement; <br />and Canada; if s uch property can be restored to use by: <br />b. International waters or airspace, but only if a. The repair, replacement, adjustment or <br />the injury or damage occurs in the course removal of "your product" or "your work"; <br />of travel or transportation between any or <br />places included in a. above; <br /> b. Your fulfilling the terms of the contract or <br />c. All other parts of the world if the injury or agreement. <br />damage arises out of: <br /> 12. "Insured contract" means: <br />(1) Goods or products made or sold by you <br />in the territory described in a. above; a. A contract for a lease of premises. <br /> However, that portion of the contract for a <br />(2) The activities of a person whose home lease of premises that indemnifies any <br />is in the territory described in a. person or organization for damage by fire, <br />above, but is away for a short time on lightning or explosion to premises while <br />your business; or rented to you or temporarily occupied by <br />(3) "Personal and advertising injury" you with permission of the owner is <br />offenses that take place through the subject to the Damage To Premises <br />Internet or similar electronic means of Rented To You limit described in Section <br />communication D. -Liability and Medical Expenses Limits <br />provided the insured's responsibility to pay of Insurance. <br />damages is determined in the United States of b. A sidetrack agreement; <br />America (including its territories and c. Any easement or license agreement, <br />possessions), Puerto Rico or Canada, in a <br />including an easement or license <br />"suit" on the merits according to the agreement in connection with construction <br />substantive law in such territory, or in a or demolition operations on or within 50 <br />settlement we agree to. feet of a railroad; <br />7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, <br />programs: to indemnify a municipality, except in <br />a. Stored as or on; connection with work for a municipality; <br />b. Created or used on; or e. An elevator maintenance agreement; or <br />c. Transmitted to or from f. That part of any other contract or <br />computer software, including systems and agreement pertaining to your business <br />applications software, hard or floppy disks, (including an indemnification of a <br />CD-ROMS, tapes, drives, cells, data municipality in connection with work <br />processing devices or any other media which performed for a municipality) under which <br />are used with electronically controlled you assume the tort liability of another <br />equipment. party to pay for "bodily injury" or "property <br />8. "Employee" includes a "leased worker". damage" to a third person or organization, <br />" <br />" <br />" <br />"Employee" does not include a "temporary provided the <br />bodily injury <br />or <br />property <br />" <br />worker". damage <br />is caused, in whole or in part, by <br /> you or by those acting on your behalf. <br />9. "Executive officer" means a person holding Tort liability means a liability that would be <br />any of the officer positions created by your imposed by law in the absence of any <br />charter, constitution, by-laws or any other contract or agreement. <br />similar governing document. <br />Paragraph f. includes that part of any <br />10. "Hostile fire" means one which becomes contract or agreement that indemnifies a <br />uncontrollable or breaks out from where it was railroad for "bodily injury" or "property <br />intended to be. damage" arising out of construction or <br />11. "Impaired property" means tangible property, demolition operations within 50 feet of any <br />other than "your product" or "your work", that railroad property and affecting any railroad <br />cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, <br />a. It incorporates "your product" or "your work" underpass or crossing. <br />that is known or thought to be defective, However, Paragraph f. does not include <br />deficient, inadequate or dangerous; or that part of any contract or agreement: <br />Form SS 00 08 04 05 Exhibit C Page 21 of 24