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a. A vendor is not an insured as respects bodily injury, property damage, <br />environmental damage or clean-up costs arising out of: <br />(1) Damages the vendor is obligated to pay by reason of the assumption of <br />liability in a contract or agreement except for any damages that the vendor <br />would have been obligated to pay in the absence of the contract or <br />agreement; <br />(2) Any express warranty unauthorized by you; <br />(3) Any physical or chemical change in the product made intentionally by the <br />vendor; <br />(4) Repackaging, except when unpacked solely for the purpose of inspection, <br />demonstration, testing, or the substitution of parts under instructions from <br />you, and then repackaged in the original container; <br />(5) Any failure to make inspections, adjustments, tests or servicing as the <br />vendor has agreed to make or normally undertakes to make in the usual <br />course of business, in connection with the distribution or sale of the <br />products; <br />(6) Demonstration, installation, servicing or repair operations, except such <br />operations performed at the vendor's location in connection with the sale <br />of the product; <br />(7) Products which, after distribution or sale by you, have been labeled or <br />relabeled or used as a container, part or ingredient of any other thing or <br />substance by or for the vendor; or <br />(8) The sole negligence of the vendor for its own acts or omissions or those of <br />its employees or anyone else acting on its behalf. However, this <br />subparagraph does not apply to: <br />(a) the exceptions contained in subparagraphs (4) or (6) above; or <br />(b) such inspections, adjustments, tests or servicing as the vendor has <br />agreed to make or normally undertakes to make in the usual course of <br />business, in connection with the distribution or sale of the products. <br />6. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, <br />assignee, or receiver is not an insured as respects bodily injury, property damage, <br />environmental damage, personal and advertising injury or clean-up costs: <br />a. Arising out of any occurrence, offense, pollution condition, or wrongful act <br />that takes place after the equipment lease expires or you cease to be a tenant; <br />or <br />b. Arising out of structural alterations, new construction or demolition operations <br />performed by or on behalf of the manager or lesser of premises, or mortgagee, <br />assignee, or receiver. <br />EPACE001-0415 Page 136 <br />