Laserfiche WebLink
c. All other parts of the world if the injury or <br />damage arises out of: <br />(1) Goods or products made or sold by you <br />in the territory described in Paragraph <br />a. above; <br />(2) The activities of a person whose home <br />is in the territory described in Paragraph <br />a. above, but is away for a short time <br />on your business; or <br />(3) "Personal and advertising injury" of- <br />fenses that take place through the In- <br />ternet or similar electronic means of <br />communication <br />provided the insured's responsibility to pay dam- <br />ages is determined in a "suit" on the merits, in <br />the territory described in Paragraph a. above or <br />in a settlement we agree to. <br />5. "Employee" includes a "leased worker ". <br />"Employee" does not include a "temporary <br />worker ". <br />6. "Executive officer" means a person holding any <br />of the officer positions created by your charter, <br />constitution, by -laws or any other similar govern- <br />ing 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 <br />work" that is known or thought to be defec- <br />tive, deficient, 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 the <br />repair, replacement, adjustment or removal of <br />"your product" or "your work" or your fulfilling <br />the terms of the contract or 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 <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 <br />an "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 <br />indemnify a municipality, except in con- <br />nection 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 />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 />Paragraph f. does not include that part of any <br />contract or agreement: <br />(1) That indemnifies a railroad for "bodily <br />injury" or "property damage" arising out <br />of construction or demolition operations, <br />within 50 feet of any railroad property <br />and affecting any railroad bridge or <br />trestle, tracks, roadbeds, tunnel, under - <br />pass or crossing; <br />(2) That indemnifies an architect, engineer <br />or surveyor for injury or damage arising <br />out of: <br />(a) Preparing, approving, or failing to <br />prepare or approve, maps, shop <br />drawings, opinions, reports, sur- <br />veys, field orders, change orders or <br />drawings and specifications; or <br />(b) Giving directions or instructions, or <br />failing to give them, if that is the <br />primary cause of the injury or dam- <br />age; or <br />(3) Under which the insured, if an architect, <br />engineer or surveyor, assumes liability <br />for an injury or damage arising out of the <br />insured's rendering or failure to render <br />professional services, including those <br />listed in (2) above and supervisory, in- <br />spection, architectural or engineering <br />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 />Page 14 of 17 <br />