Orange County NC Website
CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 18 <br />SECTION V – DEFINITIONS <br /> 1. "Advertisement" means a notice that is broadcast <br />or published to the general public or specific <br />market segments about your goods, products or <br />services for the purpose of attracting customers or <br />supporters. For the purposes of this definition: <br /> a. Notices that are published include material <br />placed on the Internet or on similar electronic <br />means of communication; and <br />b. Regarding web sites, only that part of a web <br />site that is about your goods, products or <br />services for the purposes of attracting <br />customers or supporters is considered an <br />advertisement. <br /> 2. "Auto" means: <br /> a. A land motor vehicle, trailer or semitrailer <br />designed for travel on public roads, including <br />any attached machinery or equipment; or <br /> b. Any other land vehicle that is subject to a <br />compulsory or financial responsibility law or <br />other motor vehicle insurance law where it is <br />licensed or principally garaged. <br />However, "auto" does not include "mobile <br />equipment". <br /> 3. "Bodily injury" means bodily injury, disability, <br />sickness or disease sustained by a person, <br />including death resulting from any of these at any <br />time. "Bodily injury" includes mental anguish or <br />other mental injury resulting from "bodily injury". <br /> 4. "Coverage territory" means anywhere in the world <br />with the exception of any country or jurisdiction <br />which is subject to trade or other economic <br />sanction or embargo by the United States of <br />America. <br /> 5. "Covered auto" means only those "autos" to which <br />"underlying insurance" applies. <br /> 6. "Employee" includes a "leased worker". <br />"Employee" does not include a "temporary <br />worker". <br /> 7. "Executive officer" means a person holding any of <br />the officer positions created by your charter, <br />constitution, bylaws or any other similar governing <br />document. <br />8."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" <br />that is known or thought to be defective, <br />deficient, 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 the <br />repair, replacement, adjustment or removal of <br />"your product" or "your work", or your fulfilling the <br />terms of the contract or 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 50 feet of a 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 contract or agreement entered <br />into, as part of your business, pertaining to the <br />rental or lease, by you or any of your <br />"employees", of any "auto". However, such <br />contract or agreement shall not be considered <br />an "insured contract" to the extent that it <br />obligates you or any of your "employees" to <br />pay for "property damage" to any "auto" rented <br />or leased by you or any of your "employees". <br />g. 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 />Paragraphs f. and g. do not include that part of <br />any contract or agreement: <br /> (1) That indemnifies a railroad for "bodily injury" <br />or "property damage" arising out of <br />construction or demolition operations, within <br />50 feet of any railroad property and <br />affecting any railroad bridge or trestle, <br />tracks, road-beds, tunnel, underpass or <br />crossing; <br />(2) That pertains to the loan, lease or rental of <br />an "auto" to you or any of your <br />"employees", if the "auto" is loaned, leased <br />or rented with a driver; or <br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630