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b. International waters or airspace, provided the
<br />injury or damage does not occur in the course
<br />of travel or transportation to or from any place
<br />not Included in a, above; or
<br />c. All parts of the world if:
<br />(1) The Injury or damage arises out of:
<br />(a) Goods or products made or sold by you
<br />in the territory described in a. above; or
<br />(b) The activities of a person whose home is
<br />in the territory described in a. above, but
<br />IS away for a short time on your busi-
<br />ness; and
<br />(2) The Insured's responsibility to pay damages
<br />Is determined in a "suit" on the merits, in the
<br />territory described in a, above or in a set-
<br />tlement we agree to.
<br />5. "Employee" includes a "leased worker ". "Employee"
<br />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 uncontrol-
<br />lable or breaks out from where it was intended to
<br />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 rented
<br />to you or temporarily occupied by you with
<br />permission of the owner is not an "insured con-
<br />tract";
<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 injury"
<br />or "property damage" arising out of con-
<br />struction or demolition operations, within 50
<br />feet of any railroad property and affecting
<br />any railroad bridge or trestle, tracks, road-
<br />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 fail-
<br />ing 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 />10. "Leased worker" means a person leased to you by
<br />a labor leasing firm under an agreement between
<br />you and the labor leasing firm, to perform duties
<br />related to the conduct of your business. "Leased
<br />worker" does not include a "temporary 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 aircraft,
<br />watercraft or "auto ";
<br />b. While it is in or on an aircraft, watercraft or
<br />"auto "; or
<br />CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 91 of 13 ❑
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