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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
<br />rented to you or temporarily occupied by you
<br />with permission of the owner is not an "insured
<br />contract";
<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 in-
<br />demnify 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
<br />damage" to a third person or organization.
<br />Tort liability means a liability that would be im-
<br />posed 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 in-
<br />jury" or "property damage" arising out of
<br />construction or demolition operations,
<br />within 50 feet of any railroad property and
<br />affecting any railroad bridge or trestle,
<br />tracks, road -beds, tunnel, underpass or
<br />crossing;
<br />(2) That indemnifies an architect, engineer or
<br />surveyor for injury or damage arising out
<br />of:
<br />(a) Preparing, approving, or failing to pre-
<br />pare or approve, maps, shop draw-
<br />ings, opinions, reports, surveys, field
<br />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 pri-
<br />mary 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
<br />in (2) above and supervisory, inspection,
<br />architectural 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 re-
<br />lated to the conduct of your business. "Leased
<br />worker" does not 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 ac-
<br />cepted for movement into or onto an aircraft,
<br />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, water-
<br />craft or "auto" to the place where it is finally
<br />delivered;
<br />but "loading or unloading" does not include the
<br />movement of property by means of a mechanical
<br />device, other than a hand truck, that is not at-
<br />tached to the aircraft, watercraft or "auto".
<br />12. "Mobile equipment" means any of the following
<br />types of land vehicles, including any attached ma-
<br />chinery or equipment:
<br />a. Bulldozers, farm machinery, forklifts and other
<br />vehicles designed for use principally off public
<br />roads;
<br />b. Vehicles maintained for use solely on or next
<br />to premises you own or rent;
<br />c. Vehicles that travel on crawler treads;
<br />d. Vehicles, whether self-propelled or not, main-
<br />tained primarily to provide mobility to perma-
<br />nently mounted:
<br />(1) Power cranes, shovels, loaders, diggers or
<br />drills; or
<br />(2) Road construction or resurfacing equip-
<br />ment such as graders, scrapers or rollers;
<br />e. Vehicles not described in Paragraph a., b., c.
<br />or d. above that are not self-propelled and are
<br />maintained primarily to provide mobility to per-
<br />manently attached equipment of the following
<br />types:
<br />(1) Air compressors, pumps and generators,
<br />including spraying, welding, building
<br />cleaning, geophysical exploration, lighting
<br />and well servicing equipment; or
<br />(2) Cherry pickers and similar devices used to
<br />raise or lower workers;
<br />f. Vehicles not described in Paragraph a., b., c.
<br />or d. above maintained primarily for purposes
<br />other than the transportation of persons or
<br />cargo.
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