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SSI GL 01 01 0123 Page 26 of 29 <br />b. all other reasonable fees, costs and expenses <br />resulting from the investigation, adjustment, <br />defense and appeal of a claim if incurred by us; <br /> <br />c. “reasonable fees” charged and reasonable <br />expenses incurred by any lawyer designated by <br />the insured with our prior express written consent. <br /> <br />However, “claim expenses” does not include salary <br />charges of regular “employees” or officials of the <br />insured or us. <br /> <br />8. “Coverage territory” means the states or other <br />territories in which you do business listed in the <br />application for this policy that is within the United <br />States of America (including its territories and <br />possessions), Puerto Rico and Canada. <br /> <br />9. “Damages” means the monetary portion of any <br />judgment, award or settlement approved by us; <br />provided, however, that “damages” shall not include: <br />a. Taxes; <br /> <br />b. any fines, including but not limited to civil, <br />administrative or criminal fines, penalties, <br />assessments, punitive damages, exemplary <br />damages, multiplied damages, liquidated <br />damages or damages for delay; <br /> <br />c. sanctions; <br /> <br />d. matters which are uninsurable under the law <br />pursuant to which this policy shall be construed; <br /> <br />e. costs to comply with any injunction or other <br />directive or order issued by a court or any federal, <br />state, municipal or local duly constituted <br />governmental, quasi-governmental or <br />administrative authority or agency; or <br /> <br />f. the return of or restitution of fees, profits, or <br />charges for services rendered. <br /> <br />10. “Defense costs” means the reasonable expenses <br />directly incurred by an insured in the defense of a <br />tendered “suit” and shall include only reasonable and <br />necessary court costs and expenses, reasonable <br />attorney and paralegal fees commensurate with panel <br />counsel rates in the area; or costs and reasonable <br />expenses for experts, depositions, alternative dispute <br />resolution, or costs reasonably chargeable to <br />discovery, defense or settlement of a “suit” to which <br />coverage under this policy applies. <br /> <br />11. “Employee” includes a “leased worker”, , a “volunteer <br />worker”, and any person who is or may be deemed to <br />be an employee of any insured or any person for whom <br />an insured may be held liable as an employer. <br />“Employee” does not include a “temporary worker”. <br />12. “Executive officer” means a person holding any of the <br />officer positions created by your charter, constitution, <br />by-laws, or any other similar governing document. <br /> <br />13. “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” that <br />is known, alleged to be, or thought to be defective, <br />deficient, inadequate or dangerous; or <br /> <br />b. you have failed to fulfill the terms of a contract or <br />agreement; if such property can be restored to use <br />by: <br />(1) the repair, replacement, adjustment or <br />removal of “your product” or “your work”; or <br />(2) your fulfilling the terms of the contract or <br />agreement. <br /> <br />14. “Insured Contract” means: <br />a. A contract for lease of premises. However, that <br />portion of the contract for a lease of premises that <br />indemnifies any person or organization for <br />damage by fire or premises while rented to you or <br />temporarily occupied by you with permission of <br />the owner is not an “insured contract”; <br /> <br />b. A sidetrack agreement; <br /> <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 railroad <br />or subway property; <br /> <br />d. An obligation, as required by ordinance, to <br />indemnify a municipality, except in connection <br />with work for a municipality; <br /> <br />e. An elevator maintenance agreement; <br /> <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 caused <br />by your negligence. Tort liability means a <br />liability that would be imposed by law in the <br />absence of any contract or agreement. <br /> <br />g. An “Insured Contract” does not include that part <br />of any contract or agreement: <br />(1) That indemnifies any party for “bodily <br />injury” or “property damage” arising out of <br />any operations performed within fifty (50) <br />feet of any railroad or subway property <br />and/or affecting any railroad or subway <br />Docusign Envelope ID: C32ED128-E8C0-4517-B42B-471D21968944