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THE
<br /> HARTFORD
<br /> (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means
<br /> of communication.
<br /> provided the insured's responsibility to pay damages is determined in the United States of America (including its
<br /> territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in
<br /> such territory, or in a settlement we agree to.
<br /> 7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or
<br /> transmitted to or from computer software (including systems and applications software), on hard or floppy disks,
<br /> CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are
<br /> used with electronically controlled equipment. The term computer programs, referred to in the foregoing
<br /> description of "electronic data", means a set of related electronic instructions which direct the operations and
<br /> functions of a computer or device connected to it, which enable the computer or device to receive, process, store,
<br /> retrieve or send data.
<br /> B. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
<br /> 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-
<br /> laws or any other similar governing document.
<br /> 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
<br /> 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is
<br /> less useful because:
<br /> a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or
<br /> dangerous; or
<br /> b. You have failed to fulfill the terms of a contract or agreement;
<br /> if such property can be restored to use by:
<br /> a. The repair, replacement, adjustment or removal of"your product" or"your work"; or
<br /> b. Your fulfilling the terms of the contract or agreement.
<br /> 12. "Insured contract" means:
<br /> a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
<br /> indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to
<br /> you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises
<br /> Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance.
<br /> b. A sidetrack agreement;
<br /> c. Any easement or license agreement, including an easement or license agreement in connection with
<br /> construction or demolition operations on or within 50 feet of a railroad;
<br /> d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
<br /> municipality;
<br /> e. An elevator maintenance agreement; or
<br /> f. That part of any other contract or agreement pertaining to your business (including an indemnification of a
<br /> municipality in connection with work performed for a municipality) under which you assume the tort liability of
<br /> another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability
<br /> means a liability that would be imposed by law in the absence of any contract or agreement.
<br /> Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or
<br /> "property damage" arising out of construction or demolition operations within 50 feet of any railroad property
<br /> and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.
<br /> However, Paragraph f. does not include that part of any contract or agreement:
<br /> (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
<br /> (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,
<br /> surveys, field orders, change orders, designs or drawings and specifications; or
<br /> (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
<br /> damage; or
<br /> Form SL 00 00 10 18 Page 19 of 22
<br /> ©2018, The Hartford
<br /> (May include copyrighted material of Insurance Services Office, Inc., with its permission)
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