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you with permission of the owner is not an
<br />"Insured contract ";
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement;
<br />d. An obligation, as required by ordinance, to
<br />indemnify a municipality, except in connection
<br />with won<for a municipality;
<br />e. An elevator maintenance agreement;
<br />If. That part of any other contract or agreement
<br />pertaining to your business (including an
<br />Indemnification 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 an architect, engineer or
<br />surveyor for injury or damage arising out of:
<br />(a) Preparing, approving or failing to
<br />prepare or approve maps, shop
<br />drawings, opinions, reports, surveys,
<br />field orders, change orders or drawings
<br />and specifications; 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;
<br />(2) Under which the insured, if an architect,
<br />engineer or surveyor, assumes liability for
<br />an injury or damage arising out of the
<br />insured's rendering or failure to render
<br />professional services, including those listed
<br />In (1) above and supervisory, inspection,
<br />architectural or engineering activities.
<br />7. CONTRACTUAL LIABILITY FOR PERSONAL
<br />AND ADVERTISING INJURY
<br />Under SECTION I - COVERAGE B - PERSONAL
<br />AND ADVERTISING INJURY LIABILITY,
<br />Paragraph 2. Exclusions is amended to delete
<br />exclusion e. Contractual Liability.
<br />This provision 7. does not apply to any person or
<br />organization who otherwise qualifies as an
<br />additional Insured on this Coverage Part.
<br />8. ELECTRONIC DATA LIABILITY
<br />A. Under SECTION I - COVERAGE A - BODILY
<br />INJURY AND PROPERTY DAMAGE,
<br />Paragraph 2. Exclusions is amended to delete
<br />G-1 8652-J
<br />(Ed. D7 -12)
<br />exclusion p. Electronic Data and replace it
<br />with the following:
<br />[This insurance does not apply to:]
<br />p. Electronic Data
<br />Damages arising out of the loss of, loss of use
<br />of, damage to, corruption of, inability to access,
<br />or inability to manipulate "electronic data" that
<br />does not result from physical injury to tangible
<br />property.
<br />However, this exclusion does not apply to
<br />liability for damages because of "bodily injury."
<br />B. The following paragraph is added to SECTION
<br />III- LIMITS OF INSURANCE:
<br />Subject to 5. above, $100,000 is the most we
<br />will pay under Coverage A for all damages
<br />arising out of any one "occurrence" because of
<br />"property damage" that results from physical
<br />injury to tangible property and arises out of
<br />"electronic data."
<br />C. The following definition is added to the
<br />SECTION V - DEFINITIONS:
<br />"Electronic data" means information, facts or
<br />programs stored as or on, created or used on,
<br />or transmitted to or from computer software
<br />(including systems and applications software),
<br />hard or floppy disks, CD -ROMS, tapes, drives,
<br />cells, data processing devices or any other
<br />media which are used with electronically
<br />controlled equipment.
<br />D. For the purposes of the coverage provided by
<br />this endorsement, the definition of "property
<br />damage" in SECTION V - DEFINITIONS is
<br />replaced by the following:
<br />17. "Property damage" means:
<br />a. Physical injury to tangible property,
<br />including all resulting loss of use of that
<br />property. All such loss of use shall be
<br />deemed to occur at the time of the
<br />physical Injury that caused it;
<br />b. Loss of use of tangible property that is
<br />not physically injured. All such loss of
<br />use shall be deemed to occur at the
<br />time of the "occurrence" that caused it;
<br />or
<br />c. Loss of, loss of use of, damage to,
<br />corruption of, inability to access, or
<br />inability to properly manipulate
<br />"electronic data," resulting from
<br />physical injury to tangible property. All
<br />such loss of "electronic data" shall be
<br />G- 18052 -J (Ed. 07 -12) - - - - - - -- - - -- Reviewed by;
<br />Page 5 of 12
<br />Copyright, CNA All Rights Reserved.
<br />Silvia Cuevas V
<br />PRCSA /Admin. hr
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