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COMMERCIAL <br />AUTO <br />Paragraph a. above does not apply to <br />fuels, lubricants, fluids, exhaust gases or <br />other similar "pollutants" that are needed <br />for or result from the normal electrical, <br />hydraulic or mechanical functioning of the <br />covered "auto" or its parts, if: <br />(1)The "pollutants" escape, seep, mi- <br />grate or are discharged, dispersed <br />or released directly from an "auto" <br />part designed by its manufacturer <br />to hold, store, receive or dispose <br />of such "pollutants"; and <br />(2)The "bodily injury", "property dam- <br />age" or "covered pollution cost or <br />expense" does not arise out of the <br />operation of any equipment listed <br />in Paragraph 6.b. or 6.c. of the <br />definition of "mobile equipment". <br />Paragraphs b. and c. above do not apply <br />to "accidents" that occur away from <br />premises owned by or rented to an <br />"insured" with respect to "pollutants" not in <br />or upon a covered "auto" if: <br />(a)The "pollutants" or any <br />property in which the <br />"pollutants" are contained are <br />upset, overturned or damaged <br />as a result of the maintenance <br />or use of a covered "auto"; and <br />(b)The discharge, dispersal, seep- <br />age, migration, release or <br />escape of the "pollutants" is <br />caused directly by such upset, <br />overturn or damage. <br />E."Diminution in value" means the actual or per- <br />ceived loss in market value or resale value <br />which results from a direct and accidental <br />"loss". <br />F."Employee" includes a "leased worker". "Em- <br />ployee" does not include a "temporary <br />worker". <br />G."Insured" means any person or organization <br />qualifying as an insured in the Who Is An <br />Insured provision of the applicable coverage. <br />Except with respect to the Limit of Insurance, <br />the coverage afforded applies separately to <br />each insured who is seeking coverage or <br />against whom a claim or "suit" is brought. <br />H."Insured contract" means: <br />1.A lease of premises; <br />2.A sidetrack agreement; <br />3.Any easement or license agreement, <br />except in connection with construction or <br />demolition operations on or within 50 feet <br />of a railroad; <br />4.An obligation, as required by ordinance, <br />to indemnify a municipality, except in <br />connection with work for a municipality; <br />5.That part of any other contract or <br />agreement pertaining to your business <br />(including an indemnification of a <br />municipality in connection with work <br />performed for a municipality) under which <br />you assume the tort liability of another to <br />pay for "bodily injury" or "property <br />damage" to a third party or organization. <br />Tort liability means a liability that would <br />be imposed by law in the absence of any <br />contract or agreement; or <br />6.That part of any contract or agreement en- <br />tered into, as part of your business, <br />pertaining to the rental or lease, by you or <br />any of your "employees", of any "auto". <br />However, such contract or agreement <br />shall not be considered an "insured <br />contract" to the extent that it obligates you <br />or any of your "employees" to pay for <br />"property damage" to any "auto" rented or <br />leased by you or any of your <br />"employees". <br />An "insured contract" does not include that <br />part of any contract or agreement: <br />a.That indemnifies a railroad for "bodily <br />injury" or "property damage" arising <br />out of construction or demolition <br />operations, within 50 feet of any <br />railroad property and affecting any <br />railroad bridge or trestle, tracks, <br />roadbeds, tunnel, underpass or <br />crossing; <br />b.That pertains to the loan, lease or <br />rental of an "auto" to you or any of <br />your "employees", if the "auto" is <br />loaned, leased or rented with a driver; <br />or <br />c.That holds a person or organization <br />engaged in the business of <br />transporting property by "auto" for hire <br />harmless for your use of a covered <br />"auto" over a route or territory that <br />person or organization is authorized <br />to serve by public authority. <br />I."Leased worker" means a person leased to <br />you by a labor leasing firm under an <br />agreement between you and the labor leasing <br />firm to perform duties related to the conduct <br />of your business. "Leased worker" does not <br />include a "temporary worker". <br />J."Loss" means direct and accidental loss or <br />Attachment Code: D681956 Master ID: 1529369, Certificate ID: 19861348 <br />Docusign Envelope ID: 458D6D02-0D6B-8C4E-8292-D706A4D93B4D