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PPB 101 01 22 Contains copyrighted material of Insurance Services Office, Inc. Page 44 of 49
<br />a. It incorporates "your product" or "your work"
<br />that is known or thought to be defective, de-
<br />ficient, 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 />(1) The repair, replacement, adjustment or
<br />removal of "your product" or "your work";
<br />or
<br />(2) 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
<br />premises that indemnifies any person or
<br />organization for damage by fire to premises
<br />while rented to you or temporarily occupied by
<br />you with permission of the owner is not an
<br />"insured contract";
<br />b. A sidetrack agreement;
<br />c. Any easement or license agreement, except in
<br />connection with construction or demolition
<br />operations on or within fifty (50) feet of a
<br />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
<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 a railroad for "bodily
<br />injury" or "property damage" arising out of
<br />construction or demolition operations,
<br />within fifty (50) feet of any railroad property
<br />and affecting any railroad bridge or trestle,
<br />tracks, roadbeds, 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
<br />prepare or approve maps, drawings,
<br />opinions, reports, surveys, change
<br />orders, designs or 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
<br />insured's rendering or failure to render
<br />professional services, including those
<br />listed in Paragraph (2) above and su-
<br />pervisory, inspection or engineering
<br />services.
<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. "Loading 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 aircraft, watercraft or
<br />"auto"; or
<br />c. While it is being moved from an aircraft,
<br />watercraft or "auto" to the place where it is
<br />finally 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 attached
<br />to the aircraft, watercraft or "auto".
<br />12. "Mobile equipment" means any of the following
<br />types of land vehicles, including any attached
<br />machinery 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, on
<br />which are permanently 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
<br />permanently attached equipment of the
<br />following types:
<br />Exhibit B
<br />Docusign Envelope ID: 7D12103B-E5DC-46A2-B6BA-3BD5268ECDA5
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