Orange County NC Website
DocuSign Envelope ID:91 F43AFA-8CB4-4861-887A-F304C7A6614B <br /> b. International waters or airspace, provided the d. An obligation, as required by ordinance, to <br /> injury or damage does not occur in the course indemnify a municipality, except in connection <br /> of travel or transportation to or from any place with work for a municipality; <br /> not included in a. above; or e. An elevator maintenance agreement; <br /> c. All parts of the world if: f. That part of any other contract or agreement <br /> (1) The injury or damage arises out of: pertaining to your business (including an in- <br /> (a) Goods or products made or sold by you demnification of a municipality in connection <br /> in the territory described in a. above; or with work performed for a municipality) under <br /> which you assume the tort liability of another <br /> (b) The activities of a person whose home is party to pay for "bodily injury'or"property dam- <br /> in the territory described in a. above, but age" to a third person or organization. Tort li- <br /> is away for a short time on your busi- ability means a liability that would be imposed <br /> ness; and by law in the absence of any contract or <br /> (2) The insured's responsibility to pay damages agreement. <br /> is determined in a "suit" on the merits, in the Paragraph f. does not include that part of any <br /> territory described in a. above or in a set- contract or agreement: <br /> tlement we agree to. <br /> (1) That indemnifies a railroad for"bodily injury" <br /> 5."Employee" includes a "leased worker". "Employee" or "property damage" arising out of con- <br /> does not include a"temporary worker". struction or demolition operations, within 50 <br /> 6. "Executive officer means a person holding any of feet of any railroad property and affecting <br /> the officer positions created by your charter, con- any railroad bridge or trestle, tracks, road- <br /> stitution, by-laws or any other similar governing beds,tunnel, underpass or crossing; <br /> document. (2) That indemnifies an architect, engineer or <br /> 7. "Hostile fire" means one which becomes uncontrol- surveyor for injury or damage arising out of: <br /> lable or breaks out from where it was intended to (a) Preparing, approving, or failing to pre- <br /> be. pare or approve, maps, shop drawings, <br /> 8. "Impaired property' means tangible property, other opinions, reports, surveys, field orders, <br /> than your product" or your work", that cannot be change orders or drawings and specifi- <br /> used or is less useful because: cations;or <br /> a. It incorporates your product" or your work" (b) Giving directions or instructions, or fail- <br /> that is known or thought to be defective, defi- ing to give them, if that is the primary <br /> cient, inadequate or dangerous;or cause of the injury or damage; or <br /> b. You have failed to fulfill the terms of a contract (3) Under which the insured, if an architect, <br /> or agreement; engineer or surveyor, assumes liability for <br /> if such property can be restored to use by: an injury or damage arising out of the in <br /> sured's rendering or failure to render pro- <br /> a. The repair, replacement, adjustment or re- fessional services, including those listed in <br /> moval of your product"or your work"; or (2) above and supervisory, inspection, ar- <br /> b. Your fulfilling the terms of the contract or chitectural or engineering activities. <br /> agreement. 10."Leased worker" means a person leased to you by <br /> 9."Insured contract" means: a labor leasing firm under an agreement between <br /> a. A contract for a lease of premises. However, <br /> you and the labor leasing firm, to perform duties <br /> that portion of the contract for a lease of preen related to the conduct of your business. "Leased <br /> ises that indemnifies any person or organize worker"does not include a"temporary worker". <br /> organiza- <br /> tion for damage by fire to premises while rented 11."Loading or unloading" means the handling of <br /> to you or temporarily occupied by you with property: <br /> permission of the owner is not an "insured con- a. After it is moved from the place where it is <br /> tract"; accepted for movement into or onto an aircraft, <br /> b. A sidetrack agreement; watercraft or"auto"; <br /> c. Any easement or license agreement, except in b. While it is in or on an aircraft, watercraft or <br /> connection with construction or demolition op- "auto"; or <br /> erations on or within 50 feet of a railroad; <br /> CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 11 of 13 ❑ <br />