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THE'
<br />HARTFpRD
<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 />8. "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 contractor 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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