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construction equipment;
<br />vehicle, (meaning any machine or
<br />apparatus that Is used for transportation or
<br />moves under its own power) or any
<br />equipment mounted on a vehicle.
<br />However, any property that is stationary,
<br />permanently installed at a covered
<br />location and that receives electrical power
<br />from an external power supplier will not be
<br />considered a vehicle;
<br />f. equipment manufactured by you for sale or
<br />g. satellite, spacecraft or any equipment
<br />mounted on a satellite or spacecraft.
<br />9. "Data records" means files, documents and
<br />Information in an electronic format and that
<br />are stored within "electronic data ".
<br />10. "Dependent property" or "dependent
<br />properties" means the property operated by
<br />others whom you depend upon to:
<br />a. Deliver materials or services to you, or to
<br />others for your account;
<br />b. Accept your products or services;
<br />c. Manufacture products for delivery to your
<br />customers under contract of sale; or
<br />d. Attract customers to your business.
<br />This coverage applies only to damaged or
<br />destroyed property:
<br />(1) Located at the same premises
<br />(grounds) as those shown in the
<br />Declarations; and
<br />(2) That serves as a leader location -
<br />attracting customers to the premises;
<br />but
<br />This coverage does not apply to leader
<br />locations used at any time for exhibitions,
<br />trade shows, conventions, fairs or similar
<br />events.
<br />Example- Leader location: a large
<br />department store (anchor store) at a
<br />shopping mall that serves as a general
<br />attraction to the premises and, without
<br />which, the number of shoppers coming
<br />and going would be significantly lower -
<br />customers would go elsewhere to shop.
<br />11. "Electronic data" means the following, if
<br />owned by you or licensed to you and used in
<br />your business:
<br />a. Information, facts or computer programs
<br />stored as or on, created or used on, or
<br />transmitted to or from "computer
<br />software" (including systems and
<br />applications software), on hard or floppy
<br />disks, CD-ROMs, tapes, drives, cells, data
<br />processing devices or any other
<br />repositories of "computer software" which
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<br />are used with electronically controlled
<br />equipment.
<br />b. The term computer programs, referred to
<br />in the foregoing description of electronic
<br />data, means a set of related electronic
<br />instructions which 'direct the operations
<br />and functions of a "computer" or device
<br />connected to It, which enable the
<br />"computer" or device , to receive, process,
<br />store, retrieve or send data.
<br />12. "Employee" or "employees" means:
<br />a. any natural person or persons;
<br />(1) while in your service (and for 30 days
<br />after termination of service); and
<br />(2) whom you compensate directly by
<br />salary, wages or commissions; and
<br />(3) whom you have the right to direct and
<br />control while performing services for
<br />you.'
<br />b. Any natural person or persons employed
<br />by an employment contractor while that
<br />person is subject to your direction and
<br />control and performing services for you
<br />excluding, however, any such person
<br />while having care and custody of property
<br />outside the premises.
<br />c. Directors, trustees, officers,
<br />administrators or persons of similar
<br />nature or responsibility who are
<br />managing any employee welfare or
<br />pension benefit plan insured under this
<br />Insurance. "Employee" does not include
<br />any independent contractors acting in the
<br />above capacity.
<br />d. Your director or trustee while that person
<br />is performing the duties of any
<br />"employee ".
<br />e. But "employee" or "employees" does not
<br />mean any agent, broker, factor,
<br />commission merchant, consignee,
<br />independent contractor or representative
<br />of the same general character.
<br />13. "Fine Arts" means paintings, etchings,
<br />pictures, tapestries, rare art glass, art glass
<br />windows, valuable rugs, statuary, sculptures,
<br />"antique" furniture, "antique" jewelry,
<br />bric -a -brac, porcelains, and similar property
<br />of rarity, historical value, or artistic merit.
<br />14. "Hardware" means an assemblage of
<br />electronic machine components capable of
<br />accepting instructions and information
<br />according to the instructions, and producing
<br />desired results.
<br />15. "Hazardous substance" means any
<br />substance that is hazardous to health or has
<br />Includes copyrighted material of Insurance Services Page 44 of 66
<br />Office, Inc. with its permission
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