|
Paragraph a. above does not apply to fuels,
<br />lubricants, fluids, exhaust gases or other
<br />similar "Pollutants" that are needed for or result
<br />from the normal electrical, hydraulic or
<br />mechanical functioning of the covered "auld" or
<br />its palls, ift
<br />(1) The "pollutants" escape, seep, migrate
<br />or are discharged, dispersed or released
<br />directly from an "auto" part designed by
<br />its Manufacturer to hold, store, receive
<br />or dispose of such "pollutants"; and
<br />(2) The "bodily injury", "property damage" or
<br />covered pollution cost or expense"
<br />does not arise out of the operation of
<br />any equipment listed in Paragraph 6.b.
<br />or 6.c. of the definition of "mobile
<br />equipment",
<br />Paragraphs b. and C. above do not apply to
<br />"accidents" that occur away from premises
<br />owned by or rented to an "Insured" with respect
<br />to "pollutants" not in or upon a covered "auto"
<br />if.
<br />(a) The "pollutants" or any property in
<br />which the "pollutants" are contained
<br />are upset, overturned or damaged as
<br />a result of the maintenance or use of
<br />a covered "auto"; and
<br />(b) The discharge, dispersal, seepage,
<br />migration, release or escape of the
<br />pollutants" is caused directly by
<br />such upset, overturn or damage,
<br />E. "Diminution in value" means the actual or
<br />perceived loss in market value or resale value
<br />which results from a direct and accidental "loss".
<br />F. "Employee" includes a "leased worker",
<br />"Employee" does not include a "temporary
<br />worker".
<br />[a
<br />In
<br />"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
<br />"suit" is brought.
<br />"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 />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
<br />a 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
<br />an "insured contract" to the extent that it
<br />obligates you or any of your "employees" to
<br />pay for "property damage" to any "auto" rented
<br />or leased 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 indemnities 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
<br />affecting any railroad bridge or trestle,
<br />tracks, roadbeds, tunnel, underpass or
<br />crossing;
<br />lc. That pertains to the loan, lease or rental of
<br />an"auto" to you or any of your
<br />.'employees", if the "auto" is loaned, leased
<br />or rented with a driver; or
<br />c. That holds a person or organization
<br />engaged in the business of transporting
<br />property by "auto" for hire harmless for your
<br />use of a covered "auto" over a route or
<br />territory that person or organization is
<br />authorized to serve by public authority,
<br />I. "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 />works," does not include a "temporary worker".
<br />J. "Loss" means direct and accidental loss or
<br />damage,
<br />K. "Mobile equipment" means any of the following
<br />types of land vehicles, including any attached
<br />machinery or equipment
<br />1. Bulldozers, farm machinery, forklifts and other
<br />vehicles designed for use principally off public
<br />roads,
<br />Z Vehicles maintained for use solely on or next to
<br />premises you own or rent;
<br />3. Vehicles that travel on crawler treads,
<br />(D Insurance Services office, Inr,, 2011
<br />Page 11 of 12
<br />ACP BAPD78,5-5954504 LIB3 17036 INSURED COPY CA000101300 0001 47 0034423
<br />
|