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BUSINESS LIABILITY COVERAGE FORM <br />a. The United States of America (including its <br />b. <br />You have failed to fulfill the terms of a <br />territories and possessions), Puerto Rico <br />contract or agreement; <br />and Canada; <br />if such <br />property can be restored to use by: <br />b. International waters or airspace, but only if <br />a. <br />The repair, replacement, adjustment or <br />the injury or damage occurs in the course <br />removal of "your product" or "your work"; <br />of travel or transportation between any <br />or <br />places included in a, above; <br />b. <br />Your fulfilling the terms of the contract or <br />c. All other parts of the world if the injury or <br />agreement. <br />damage arises out of: <br />12. "Insured contract" means: <br />(1) Goods or products made or sold by you <br />in the territory described in a. above; <br />a. <br />A contract for a lease of premises. <br />However, that portion of the contract for a <br />(2) The activities of a person whose home <br />lease of premises that indemnifies any <br />is in the territory described in a. <br />person or organization for damage by fire, <br />above, but is away for a short time on <br />lightning or explosion to premises while <br />your business; or <br />rented to you or temporarily occupied by <br />(3) "Personal and advertising injury" <br />you with permission of the owner is <br />offenses that take place through the <br />subject to the Damage To Premises <br />Internet or similar electronic means of <br />Rented To You limit described in Section <br />communication <br />D. — Liability and Medical Expenses Limits <br />provided the insured's responsibility to pay <br />of Insurance. <br />damages is determined in the United States of <br />b. <br />A sidetrack agreement; <br />America (including its territories and <br />c. <br />Any easement or license agreement, <br />possessions), Puerto Rico or Canada, in a <br />including an easement or license <br />"suit" on the merits according to the <br />agreement in connection with construction <br />substantive law in such territory, or in a <br />or demolition operations on or within 50 <br />settlement we agree to. <br />feet of a railroad; <br />7. <br />"Electronic data" means information, facts or <br />d. <br />Any obligation, as required by ordinance, <br />programs: <br />to indemnify a municipality, except in <br />a. Stored as or on; <br />connection with work for a municipality; <br />b. Created or used on; or <br />e. <br />An elevator maintenance agreement; or <br />c. Transmitted to or from <br />f. <br />That part of any other contract or <br />computer software, including systems and <br />agreement pertaining to your business <br />applications software, hard or floppy disks, <br />(including an indemnification of a <br />CD-ROMS, tapes, drives, cells, data <br />municipality in connection with work <br />processing devices or any other media which <br />performed for a municipality) under which <br />are used with electronically controlled <br />you assume the tort liability of another <br />equipment. <br />party to pay for "bodily injury" or "property <br />8. <br />"Employee" includes a „leased worker". <br />damage" to a third person or organization, <br />"Employee" does not include a "temporary <br />provided the "bodily injury" or "property <br />worker". <br />damage" is caused, in whole or in part, by <br />you or by those acting on your behalf. <br />9. <br />"Executive officer" means a person holding <br />Tort liability means a liability that would be <br />any of the officer positions created by your <br />imposed by law in the absence of any <br />charter, constitution, by-laws or any other <br />contract or agreement. <br />similar governing document. <br />Paragraph f. includes that part of any <br />10. <br />"Hostile fire" means one which becomes <br />contract or agreement that indemnifies a <br />uncontrollable or breaks out from where it was <br />railroad for "bodily injury" or "property <br />intended to be. <br />damage" arising out of construction or <br />11. <br />"Impaired property" means tangible property, <br />demolition operations within 50 feet of any <br />other than "your product" or "your work", that <br />railroad property and affecting any railroad <br />cannot be used or is less useful because: <br />bridge or trestle, tracks, road -beds, tunnel, <br />a. It incorporates "your product" or "your work" <br />underpass or crossing. <br />that is known or thought to be defective, <br />However, Paragraph f. does not include <br />deficient, inadequate or dangerous; or <br />that part of any contract or agreement: <br />Form SS 00 08 04 05 <br />Page 21 of 2 <br />