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if such property can be restored to use by the re-
<br />pair, replacement, adjustment or removal of "your
<br />product" or "your work" or your fulfilling the terms
<br />of the contract or agreement.
<br />12. "Insured contract" means:
<br />a. A contract for a lease of premises. However,
<br />that portion of the contract for a lease of prem-
<br />ises that indemnifies any person or organiza-
<br />tion for damage by fire to premises while rent-
<br />ed to you or temporarily occupied by you with
<br />permission of the owner is not an "insured con-
<br />tract';
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement, except in
<br />connection with construction or demolition op-
<br />erations on or within 50 feet of a railroad;
<br />d. An obligation, as required by ordinance, to
<br />indemnify a municipality, except in connection
<br />with work for a municipality;
<br />e. An elevator maintenance agreement;
<br />f. That part of any other contract or agreement
<br />pertaining to your business (including an in-
<br />demnification of a municipality in connection
<br />with work performed for a municipality) under
<br />which you assume the tort liability of another
<br />party to pay for "bodily injury" or "property
<br />damage" to a third person or organization. Tort
<br />liability means a liability that would be imposed
<br />by law in the absence of any contract or
<br />agreement.
<br />Paragraph f. does not include that part of any
<br />contract or agreement:
<br />(1) That indemnifies a railroad for "bodily inju-
<br />ry" or "property damage" arising out of con-
<br />struction or demolition operations, within 50
<br />feet of any railroad property and affecting
<br />any railroad bridge or trestle, tracks, road-
<br />beds, tunnel, underpass or crossing;
<br />(2) That indemnifies an architect, engineer or
<br />surveyor for injury or damage arising out of:
<br />(a) Preparing, approving, or failing to pre-
<br />pare or approve, maps, shop drawings,
<br />opinions, reports, surveys, field orders,
<br />change orders or drawings and specifi-
<br />cations; or
<br />(b) Giving directions or instructions, or
<br />failing to give them, if that is the primary
<br />cause of the injury or damage; or
<br />(3) Under which the insured, if an architect,
<br />engineer or surveyor, assumes liability for
<br />an injury or damage arising out of the in-
<br />sured's rendering or failure to render pro-
<br />fessional services, including those listed in
<br />(2) above and supervisory, inspection, ar-
<br />chitectural or engineering activities.
<br />13. "Intellectual property law or right" means any:
<br />a. Certification mark, copyright, patent or trade-
<br />mark (including collective or service marks);
<br />b. Right to, or judicial or statutory law recognizing
<br />an interest in, any trade secret or confidential
<br />or proprietary non -personal information;
<br />c. Other right to, or judicial or statutory law rec-
<br />ognizing an interest in, any expression, idea,
<br />likeness, name, slogan, style of doing busi-
<br />ness, symbol, title, trade dress or other intel-
<br />lectual property; or .
<br />d. Other judicial or statutory law concerning pira-
<br />cy, passing off or similar practices.
<br />14. "Lead" means the element lead in any form, in-
<br />cluding its presence or use in any alloy, by-
<br />product, compound or other material or waste.
<br />Waste includes materials to be recycled, recondi-
<br />tioned or reclaimed.
<br />16."Leased worker" means a person leased to you by
<br />a labor leasing firm under an agreement between
<br />you and the labor leasing fine, to perform duties
<br />related to the conduct of your business. "Leased
<br />worker" does not include a "temporary worker".
<br />16."Loading or unloading" means the handling of
<br />property:
<br />a. After it is moved from the place where it is
<br />accepted for movement into or onto an aircraft,
<br />watercraft or "auto';
<br />b. While it is in or on an aircraft, watercraft or
<br />"auto"; or
<br />c. While it is being moved from an aircraft, water-
<br />craft or "auto" to the place where it is finally de-
<br />livered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a mechanical
<br />device, other than a hand truck, that is not at-
<br />tached to the aircraft, watercraft or "auto".
<br />17. "Mixed dust" means any combination or mixture of
<br />"asbestos" or "silica and any other dust, fibers or
<br />particles, in any form, including any presence or
<br />use in any alloy, by-product, compound or other
<br />material or waste. Waste includes materials to be
<br />recycled, reconditioned or reclaimed.
<br />18."Mobile equipment" means any of the following
<br />types of land vehicles, including any attached ma-
<br />chinery or equipment:
<br />a. Bulldozers, farm machinery, forklifts and other
<br />vehicles designed for use principally off public
<br />roads;
<br />b. Vehicles maintained for use solely on or next
<br />to premises you own or rent;
<br />c. Vehicles that travel on crawler treads;
<br />' tli .� anenm 611PrRWm Br.
<br />Page 14 of 16 Includes copyrighted material is ISO Properties, Form 10. 7eu Pao"
<br />Inc., with its permission
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