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b. International waters or airspace, provided the <br />injury or damage does not occur in the course <br />of travel or transportation to or from any place <br />not included in a. above; or <br />c. All parts of the world if: <br />(1) The injury or damage arises out of: <br />(a) Goods or products made or sold by you <br />in the territory described in a, above; or <br />(b) The activities of a person whose home is <br />in the territory described in a. above, but <br />is away for a short time on your busi- <br />ness; and <br />(2) The insured's responsibility to pay damages <br />is determined in a "suit" on the merits, in the <br />territory described in a. above or in a set- <br />tlement we agree to. <br />5."Employee" includes a "leased worker". "Employee" <br />does not include a "temporary worker". <br />6. "Executive officer" means a person holding any of <br />the officer positions created by your charter, con- <br />stitution, by-laws or any other similar governing <br />document. <br />7 "Hostile fire" means one which becomes uncontrol- <br />lable or breaks out from where it was intended to <br />be. <br />8. "Impaired property" means tangible property, other <br />than "your product" or "your work", that cannot be <br />used or is less useful because: <br />a. It incorporates "your product" or "your work" <br />that is known or thought to be defective, defi- <br />cient, inadequate or dangerous; or <br />b. You have failed to fulfill the terms of a contract <br />or agreement; <br />if such property can be restored to use by: <br />a. The repair, replacement, adjustment or re- <br />moval of "your product" or "your work"; or <br />b. Your fulfilling the terms of the contract or <br />agreement. <br />9."Insured contract" means: <br />a. A contract for a lease of premises. However, <br />that portion of the contract for a lease of prem- <br />ises that indemnifies any person or organiza- <br />tion for damage by fire to premises while rented <br />to you or temporarily occupied by you with <br />permission of the owner is not an "insured con- <br />tract" <br />b. A sidetrack agreement; <br />c. Any easement or license agreement, except in <br />connection with construction or demolition op- <br />erations on or within 50 feet of a railroad; <br />d. An obligation, as required by ordinance, to <br />indemnify a municipality, except in connection <br />with work for a municipality; <br />e. An elevator maintenance agreement; <br />f. That part of any other contract or agreement <br />pertaining to your business (including an in- <br />demnification 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 dam- <br />age" to a third person or organization. Tort li- <br />ability 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 a railroad for "bodily injury" <br />or "property damage" arising out of con- <br />struction or demolition operations, within 50 <br />feet of any railroad property and affecting <br />any railroad bridge or trestle, tracks, road- <br />beds, tunnel, underpass or crossing; <br />(2) That indemnifies an architect, engineer or <br />surveyor for injury or damage arising out of: <br />(a) Preparing, approving, or failing to pre- <br />pare or approve, maps, shop drawings, <br />opinions, reports, surveys, field orders, <br />change orders or drawings and specifi- <br />cations; or <br />(b) Giving directions or instructions, or fail- <br />ing to give them, if that is the primary <br />cause of the injury or damage; or <br />(3) Under which the insured, if an architect, <br />engineer or surveyor, assumes liability for <br />an injury or damage arising out of the in- <br />sured's rendering or failure to render pro- <br />fessional services, including those listed in <br />(2) above and supervisory, inspection, ar- <br />chitectural or engineering activities. <br />10."Leased worker" means a person leased to you by <br />a labor leasing firm under an agreement between <br />you and the labor leasing firm, to perform duties <br />related to the conduct of your business. "Leased <br />worker" does not include a "temporary worker". <br />11.1oading 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 aircraft, <br />watercraft or "auto", <br />b. While it is in or on an all atercraft or <br />"auto" or <br />c/ <br />CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 <br />Page 11 of 13 ❑ <br />