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<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,
<br />other than "your product" or "your work ", that
<br />cannot be 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 con-
<br />tract 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 />i9, "Insured contract" means_
<br />a. A contract for a lease of premises. However,
<br />that portion of the contract for a lease of
<br />premises that indemnifies any person or or-
<br />ganization for damage by fire to premises
<br />while rented to you or temporarily occupied
<br />by you with permission of the owner is not an
<br />"insured contract ";
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement, except
<br />in connection with construction or demolition
<br />operations on or within 50 feet of a railroad:
<br />d. An obligation, as required by ordinance, to in-
<br />demnify 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
<br />CG 00 01 10 01
<br />G- .JjMERCIAL GENERAL LIABILITY
<br />damage" to a third person or organization.
<br />Tort liability means a liability that would be
<br />imposed by law in the absence of any con-
<br />tract or agreement.
<br />h does not include that part of any
<br />contract or a reement., , - —
<br />(1 That indemnifies a railroad for "bodily in-
<br />jury" or "property damage" arising out of
<br />construction or demolition operations,
<br />within 50 feet of any railroad property and
<br />affecting any railroad bridge or trestle,
<br />tracks, road -beds, tunnel, underpass or
<br />crossing;
<br />(2) That indemnifies an architect, engineer or
<br />surveyor for injury or damage arising out
<br />of:
<br />(a) Preparing, approving, or failing to
<br />prepare or approve, maps, shop
<br />drawings, opinions, reports, surveys,
<br />field orders, change orders or draw-
<br />ings and specifications; or
<br />(b) Giving directions or instructions, or
<br />failing to give them, if that is the pri-
<br />mary cause of the injury or damage;
<br />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
<br />in (2) above and supervisory, inspection,
<br />architectural or engineering activities.
<br />10. "Leased worker" means a person leased to you
<br />by a labor leasing firm under an agreement be-
<br />tween you and the labor leasing firm, to perform
<br />duties related to the conduct of your business.
<br />"Leased worker" does not include a "temporary
<br />worker ".
<br />11. "Loading or unloading" means the handling of
<br />property:
<br />a. After it is moved from the place where it is
<br />accepted for movement into or onto an air-
<br />craft, watercraft or "auto ";
<br />b. While it is in or on an aircraft, watercraft or
<br />"auto "; or
<br />C. While it is being moved from an aircraft, wa-
<br />tercraft or "auto" to the place where it is finally
<br />delivered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a mechanical
<br />,r
<br />J ISO Properties Inc., 2000
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