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Tort liability means a liability that would be
<br />imposed by law in the absence of any
<br />contract or agreement.
<br />Paragraph f. does not include that part of
<br />any contract or agreement:
<br />(1) That indemnifies a railroad for "bodily
<br />injury" or "property damage" arising
<br />out of construction or demolition
<br />operations, within 50 feet of any
<br />railroad property and affecting any
<br />railroad bridge or trestle, tracks, road
<br />beds, tunnel, underpass or crossing;
<br />(2) That indemnifies an architect,
<br />engineer or surveyor for injury or
<br />damage arising out of:
<br />(a) Preparing, approving or failing to
<br />prepare or approve maps,
<br />drawings, opinions, reports,
<br />surveys, change orders, designs
<br />or specifications; or
<br />(b) Giving directions or instructions,
<br />or failing to give them, if that is the
<br />primary cause of the injury or
<br />damage; or
<br />(3) Under which the insured, if an
<br />architect, engineer or surveyor,
<br />assumes liability for an injury or
<br />damage arising out of the insured's
<br />rendering or failure to render
<br />••professional services, including those
<br />listed in paragraph (2) above and
<br />supervisory, inspection or engineering
<br />services.
<br />10. "Leased worker" means a person leased to
<br />you by a labor leasing firm under an
<br />agreement between you and the labor leasing
<br />firm, to perform duties related to the conduct
<br />of your business. "Leased worker" does not
<br />include a "temporary worker".
<br />11. "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
<br />aircraft, 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,
<br />watercraft or "auto" to the place where it is
<br />finally delivered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a
<br />mechanical device, other than a hand truck,
<br />that is not attached to the aircraft, watercraft or
<br />"auto".
<br />12. "Mobile equipment" means any of the following
<br />types of land vehicles, including any attached
<br />machinery or equipment:
<br />a. Bulldozers, farm machinery, forklifts and
<br />other vehicles designed for use principally
<br />off public roads;
<br />b. Vehicles maintained for use solely on or
<br />next to premises you own or rent;
<br />c. Vehicles that travel on crawler treads;
<br />d. Vehicles, whether self-propelled or not, on
<br />which are permanently mounted:
<br />(1) Power cranes, shovels, loaders,
<br />diggers or drills; or
<br />(2) Road construction or resurfacing
<br />equipment such as graders, scrapers
<br />or rollers;
<br />e. Vehicles not described in paragraphs a.,
<br />b., c. or d. above that are not self-
<br />propelled and are maintained primarily to
<br />provide mobility to permanently attached
<br />equipment of the following types:
<br />(1) Air compressors, pumps and
<br />generators, including spraying,
<br />welding, building cleaning,
<br />geophysical exploration, lighting and
<br />well servicing equipment; or
<br />(2) Cherry pickers and similar devices
<br />used to raise or lower workers;
<br />f. Vehicles not described in paragraphs a.,
<br />b., c. or d. above maintained primarily for
<br />purposes other than the transportation of
<br />persons or cargo.
<br />However, self-propelled vehicles with the
<br />following types of permanently attached
<br />equipment are not "mobile equipment" but
<br />will be considered "autos":
<br />(1) Equipment designed primarily for:
<br />(a) Snow removal;
<br />(b) Road maintenance, but not
<br />construction or resurfacing; or
<br />(c) Street cleaning;
<br />(2) Cherry pickers and similar devices
<br />mounted on automobile or truck
<br />chassis and used to raise or lower
<br />workers; and
<br />(3) Air compressors, pumps and
<br />generators, including spraying,
<br />welding, building cleaning,
<br />geophysical exploration, lighting and
<br />well servicing equipment.
<br />However, "mobile equipment" does not
<br />include any land vehicles that are subject
<br />to a compulsory or financial responsibility
<br />391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 75 of 81
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