LARRY WALKER ASSOCIATES, INC. - Laserfiche WebLink

COMMERCIAL AUTO Paragraph a.above does not apply to fuels,4.An obligation,as required by ordinance,to in- lubricants,fluids,exhaust gases or other simi-demnify a municipality,except in connection lar "pollutants"that are needed for or result with work for a municipality; from the normal electrical,hydraulic or me-5.That part of any other contract or agreement chanical functioning of the covered "auto"or pertaining to your business (including an in- its parts,if:demnification of a municipality in connection (1)The "pollutants"escape,seep,mi-with work performed for a municipality)under grate or are discharged,dispersed or which you assume the tort liability of another released directly from an "auto"part to pay for "bodily injury"or "property damage" designed by its manufacturer to hold,to a third party or organization.Tort liability store,receive or dispose of such "pol-means a liability that would be imposed by lutants";and law in the absence of any contract or agree- ment;or(2)The "bodily injury","property dam- 6.That part of any contract or agreement en-age"or "covered pollution cost or ex- pense"does not arise out of the op-tered into,as part of your business,pertaining eration of any equipment listed in to the rental or lease,by you or any of your "employees",of any "auto".However,suchParagraph6.b.or 6.c.of the defini- tion of "mobile equipment .contract or agreement shall not be considered" an "insured contract"to the extent that it obli-Paragraphs b.and c.above do not apply to gates you or any of your "employees"to pay"accidents"that occur away from premises for "property damage"to any "auto"rented orownedbyorrentedtoan"insured" with re-leased by you or any of your "employees".spect to "pollutants"not in or upon a covered "auto"if:An "insured contract"does not include that part of any contract or agreement:(a)The "pollutants"or any property a.That indemnifies a railroad for "bodily in-in which the "pollutants"are con- tained are upset,overturned or jury"or "property damage"arising out of damaged as a result of the main-construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto";and affecting any railroad bridge or trestle, tracks,roadbeds,tunnel,underpass or(b)The discharge,dispersal,seep-crossing;age,migration,release or escape b.That pertains to the loan,lease or rentalofthe"pollutants"is caused di- rectly by such upset,overturn or of an "auto"to you or any of your "em- damage.ployees",if the "auto"is loaned,leased or rented with a driver;orE."Diminution in value"means the actual or per- c.That holds a person or organization en-ceived loss in market value or resale value which results from a direct and accidental "loss".gaged in the business of transporting property by "auto"for hire harmless forF."Employee"includes a "leased worker"."Em- your use of a covered "auto"over a routeployee"does not include a "temporary worker". or territory that person or organization is G."Insured"means any person or organization quali-authorized to serve by public authority. fying as an insured in the Who Is An Insured pro-I."Leased worker"means a person leased to youvisionoftheapplicablecoverage.Except with re-by a labor leasing firm under an agreement be-spect to the Limit of Insurance,the coverage af-tween you and the labor leasing firm to performfordedappliesseparatelytoeachinsuredwhoisdutiesrelatedtotheconductofyourbusiness.seeking coverage or against whom a claim or "Leased worker"does not include a "temporary"suit"is brought. worker". H."Insured contract"means:J."Loss"means direct and accidental loss or dam- 1.A lease of premises;age. 2.A sidetrack agreement;K."Mobile equipment"means any of the following types of land vehicles,including any attached3.Any easement or license agreement,except machinery or equipment:in connection with construction or demolition operations on or within 50 feet of a railroad; CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 11 of 12 Docusign Envelope ID: 183BA217-2E64-4627-AB5B-FA1828041D5A