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VIII. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT <br />1. The requirement in E. Liability And Medical Expenses General Conditions paragraph 2.a. that you must <br />see to it that we are notified of an 'occurrence" or offense which may result in a claim applies only <br />when the 'occurrence" is known to any insured listed in Paragraph CA. Who Is An Insured or any <br />"employee" authorized by you to give or receive notice of an 'occurrence" or claim. <br />2. The requirements in E. Liability And Medical Expenses General Conditions paragraph 2.b, that you <br />must see to it that we receive notice of a claim or "suit" will not be considered breached unless the <br />breach occurs after such claim or "suit' is known to any insured listed under Paragraph C.1. Who Is An <br />Insured or any 'employee" authorized by you to give or receive notice of an 'occurrence" or claim. <br />IX. BODILY INJURY <br />Paragraph 3. of F. Liability And Medical Expenses Definitions is replaced by the following: <br />3. 'Bodily Injury" means: <br />a. Bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, <br />and includes mental anguish resulting from any of these; and including death resulting from any <br />of these at any time. <br />X. AMENDMENT OF INSURED CONTRACT DEFINITION <br />Paragraph 9. of F. Liability And Medical Expenses Definitions is replaced by the following: <br />9. 'Insured contract' means: <br />a. A contract for a lease of premises. However, that portion of the contract for a lease of premises <br />that indemnifies any person or organization for damage by fire to premises while rented to you or <br />temporarily occupied by you with permission of the owner is not an "insured contract'; <br />b. A sidetrack agreement; <br />c. Any easement or license agreement, except in connection with construction or demolition oper- <br />ations on or within 50 feet of a railroad; <br />d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with <br />work for a municipality; <br />e. An elevator maintenance agreement; <br />f. That part of any other contract or agreement pertaining to your business (including an indem- <br />nification of a municipality in connection with work performed for a municipality) under which you <br />assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third <br />person or organization, provided the "bodily injury" or "property damage" is caused, in whole or <br />in part, by you or by those acting on your behalf. However, such part of a contract or agreement <br />shall only be considered an "insured contract' to the extent your assumption of the tort liability is <br />permitted by law. Tort liability means a liability that would be imposed by law in the absence of <br />any contract or agreement. <br />Paragraph f. does not include that part of any contract or agreement: <br />(1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- <br />tion or demolition operations, within 50 feet of any railroad property and affecting any railroad <br />bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; <br />(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: <br />(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, <br />reports, surveys, field orders, change orders or drawings and specifications; or <br />(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the <br />injury or damage; or (��µ <br />(3) Under which the insured, if an archit� engi a or eyor, assumes liability for an injury <br />or damage arising out of the i sem, @`t� s ren4i failure to render professional services, <br />including those listed in (2) a a and sup inspection, architectural or engineering <br />activities. <br />XI. PERSONAL AND ADVERTISING INJURY��1\ <br />Paragraph 14, b. of F. Liability And Medical pense�fifiitions is replaced by the following: <br />b. Malicious prosecution or abuse of process. <br />© 20131-iberty Mutual Insurance.All rights reserved. <br />BP 79 96 07 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 <br />