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Paragraph a. above does not apply to fuels, <br />lubricants, fluids, exhaust gases or other similar <br />"pollutants" that are needed for or result from the <br />normal electrical, hydraulic or mechanical <br />functioning of the covered "auto" or its parts, if: <br />(1) The "pollutants" escape, seep, migrate or <br />are discharged, dispersed or released <br />directly from an "auto" part designed by its <br />manufacturer to hold, store, receive or <br />dispose of such "pollutants"; and <br />(2) The "bodily Injury", "property damage" or <br />"covered pollution cost or expense" does <br />not arise out of the operation of any <br />equipment listed in Paragraph 6.b. or 6.c. <br />of the definition of "mobile equipment." <br />Paragraphs b, and c. above do not apply to <br />"accidents" that occur away from promises owned <br />by or rented to an "insured" with respect to <br />"pollutants" not in or upon a covered "auto" if: <br />(a) The "Pollutants" or any property in <br />which the"pollutants" are contained <br />are upset, overturned or damaged as a <br />result of the maintenance or use of a <br />covered "auto"; and <br />(b) The discharge, dispersal, seepage, <br />migration, release or escape of the <br />"pollutants" is caused directly by such <br />upset, overturn or damage. <br />E. "Diminution in value" means the actual or perceived <br />loss in market value or resale value which results <br />from a direct and accidental "loss." <br />F. "Employee" includes a "leased worker." "Employee„ <br />does not include a "temporary worker." <br />G. "Insured" means any person or organization <br />qualifying as an insured in the Who Is An Insured <br />provision of the applicable coverage. Except with <br />respect to the Limit of Insurance, the coverage <br />afforded applies separately to each insured who is <br />seeking coverage or against whom a claim or "suit' is <br />brought. <br />H. 'Insured contract" means: <br />1. A lease of premises; <br />2. A sidetrack agreement; <br />3. Any easement or license agreement, except In <br />connection with construction or demolition <br />operations on or within 50 feet of a railroad; <br />4. An obligation, as required by ordinance, to <br />indemnify a municipality, except in connection <br />with work for a municipality; <br />CA 00 01 10 13 <br />S. That part of any other contract or agreement <br />pertaining to your business (including an <br />indemnification of a municipality in connection <br />with work performed for a municipality) under <br />which you assume the tort liability of another to <br />pay for "bodily injury" or "property damage" to a <br />third party or organization. Tort liability means a <br />liability that would be imposed by law in the <br />absence of any contract or agreement; or <br />6. That part of any contract or agreement entered <br />into, as part of your business, pertaining to the <br />rental or lease, by you or any of your <br />"employees", of any "auto." However, such <br />contract or agreement shall not be considered an <br />"insured contract" to the extent that it obligates <br />you or any of your "employees" to pay for <br />"property damage" to any "auto" rented or leased <br />by you or any of your "employees." <br />An "insured contract" does not include that part of <br />any contract or agreement: <br />a. That indemnifies a railroad for "bodily injury" <br />or "property damage" arising out of <br />construction or demolition operations, within <br />50 feet of any railroad property and affecting <br />any railroad bridge or trestle, tracks, <br />roadbeds, tunnel, underpass or crossing; <br />b. That pertains to the loan, lease or rental of an <br />"auto" to you or any of your "employees", if <br />the "auto" is loaned, leased or rented with a <br />driver; or <br />c. That holds a person or organization engaged <br />in the business of transporting property by <br />"auto" for hire harmless for your use of a <br />covered "auto" over a route or territory that <br />person or organization is authorized to serve <br />by public authority. <br />L "Leased worker" means a person leased to you by a <br />labor leasing firm under an agreement between you <br />and the labor leasing firm to perform duties related to <br />the conduct of your business. "Leased worker" does <br />not include a "temporary worker." <br />J. "Loss" means direct and accidental loss or damage. <br />K. "Mobile equipment" means any of the following types <br />of land vehicles, including any attached machinery or <br />equipment: <br />1. Bulldozers, farm machinery, forklifts and other <br />vehicles designed for use principally off public <br />roads; <br />2. Vehicles maintained for use solely on or next to <br />premises you own or rent; <br />3. Vehicles that travel on crawler treads; <br />Copyright, Insurance Services Office, Inc., 2011 <br />