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a. You must see to it that we are notified as soon as practicable of any "occurrence" or <br />an offense, which may result in a claim. Knowledge of an "occurrence" or an <br />offense by your agent, your servant, or your employee will not in itself constitute <br />knowledge to you unless the Director of Risk Management (or one with similar or <br />equivalent title) or his/her designee will have received such notice. To the extent <br />possible notice should include: <br />(1) How, when and where the "occurrence" or offense took place; <br />(2) The names and addresses of any injured persons and witnesses; and <br />(3) The nature and location of any injury or damage arising out of the "occurrence" <br />or offense. <br />IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION <br />SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE <br />LIABILITY, 2. - Exclusions, a. - Expected or Intended Injury, is deleted and replaced by the <br />following: <br />a. "Bodily injury" or "property damage" expected or intended from the standpoint <br />of the insured. This exclusion does not apply to "bodily injury" or "property <br />damage" resulting from the use of reasonable force to protect persons or <br />property. <br />X. CONTRACTUAL LIABILITY - RAILROADS <br />Only with respect to (i) operations performed within 50 feet of railroad property and (ii) for <br />which a Railroad Protective Liability Policy in the name of the railroad has been provided, <br />then <br />A. SECTION V - DEFINITIONS, Paragraph 9, is deleted in its entirety and replaced with the <br />following: <br />9. "Insured Contract" means: <br />a. A contract for a lease of premises. However, that portion of the contract for a <br />lease of premises that indemnifies any person or organization for damage by fire <br />to premises while rented to you or temporarily occupied by you with permission <br />of the owner is not an "insured contract"; <br />b. A sidetrack agreement; <br />c. Any easement or license agreement; <br />d. An obligation, as required by ordinance, to indemnify a municipality, except in <br />connection with work for a municipality; <br />e. An elevator maintenance agreement; <br />f. That part of any other contract or agreement pertaining to your business <br />(including an indemnification of a municipality in connection with work <br />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 <br />or organization. Tort liability means a liability that would be imposed by law in <br />the absence of any contract or agreement. <br />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 <br />arising out of: <br />(a) Preparing, approving or failing to prepare or approve maps, shop <br />drawings, opinions, reports, surveys, field orders, change orders or <br />drawings and specifications; or <br />100983 (2/09) Page 5 of 7 <br />REVIEWED BY: _ EUNICE HEREDIA (PG OF <br />