Orange County NC Website
3 <br />1) That the insured would have in the absence <br />of the contract or agreement; or <br />2) Assumed in a contract or agreement that is <br />an "insured contract", provided the "bodily <br />injury" or "property damage" occurs subse- <br />quent to the execution of the contract or <br />agreement. Solely for the purposes of liabil- <br />ity assumed in an "insured contract", rea- <br />sonable attorney fees and necessary litiga- <br />tion expenses incurred by or for a party oth- <br />er than an insured are deemed to be damages <br />because of "bodily injury" or "property <br />damage", provided: <br />a) Liability to such party for, or for the <br />cost of, that party's defense has also <br />been assumed in the same "insured con- <br />tract"; and <br />b) Such attorney fees and litigation ex- <br />penses are for defense of that party <br />against a civil or alternative dispute res- <br />olution proceeding in which damages to <br />which this insurance applies are alleged. <br />b. Damage To Your Product <br />"Bodily injury" or "property damage" that results <br />from "your product" arising out of it or any part <br />of it. <br />c. Damage To Property <br />"Property damage" to: <br />1) Property owned or transported by you; or <br />2) Personal property in the care, custody or <br />control of the insured. <br />d. Damage To Your Work <br />"Bodily injury" or "property damage" that results <br />from "your work", arising out of it or any part of <br />it, and included in the "products-completed oper- <br />ations hazard". <br />e. Employers' Liability <br />"Bodily injury" to: <br />1) An "employee" of the insured arising out of <br />and in the course of: <br />a) Employment by the insured; or <br />b) Performing duties related to the conduct <br />of the insured's business. <br />2) The spouse, child, parent, brother or sister of <br />that "employee" as a consequence of Para- <br />graph 1) above. <br />This exclusion applies: <br />1) Whether the insured may be liable as an em- <br />ployer or in any other capacity; and <br />2) To any obligation to share damages with or <br />repay someone else who must pay damages <br />because of the injury. <br />This exclusion does not apply to liability a s- <br />sumed by the insured under an "insured con- <br />tract". <br />f. Expected Or Intended Injury <br />"Bodily injury" or "property damage" expected <br />or intended from the standpoint of the insured. <br />This exclusion does not apply to "bodily injury" <br />resulting from the use of reasonable force to pro- <br />tect persons or property. <br />g. Handling of Property <br />"Bodily injury" or "property damage" that results <br />from the handling of property: <br />1) Before it is moved from the place where it is <br />accepted by the insured for loading into or <br />onto a "non-owned auto" or "hired auto"; or <br />2) After it is unloaded from a "non-owned au- <br />to" or "hired auto" to the place it is finally <br />delivered by the insured. <br />h. Fellow Employee <br />"Bodily injury" to any fellow "employee" of the <br />insured arising out of and in the course of the fel- <br />low "employee's" employment or while perfor m- <br />ing duties related to the conduct of your busi- <br />ness. <br />i. Mobile Equipment <br />"Bodily injury" or "property damage" arising out <br />of: <br />1) The ownership, maintenance, use or en- <br />trustment to others of any "mobile equi p- <br />ment" owned or operated by or rented or <br />loaned to any insured. <br />2) The transportation of "mobile equipment" <br />by an "auto" owned or operated by or rented <br />or loaned to any insured; or <br />3) The use of "mobile equipment" in, or while <br />in practice for, or while being prepared for, <br />any prearranged racing, speed, demolition, <br />or stunting activity. <br />j. Pollution <br />1) "Bodily injury" or "property damage" aris- <br />ing out of the actual, alleged or threatened <br />discharge, dispersal, seepage, migration, re- <br />lease or escape of "pollutants". <br />Docusign Envelope ID: 83DA70D9-193E-414B-9C19-272291A5E9D6