|
Page 20 of 22 Form HG 00 01 09 16
<br />injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability
<br />means a liability that would be imposed by law in the absence of any contract or agreement.
<br />Paragraph f.includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or
<br />"property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and
<br />affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.
<br />However, Paragraph f. does not include that part of any contract or agreement:
<br />(1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
<br />(a)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
<br />field orders, change orders or drawings and specifications; or
<br />(b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
<br />damage; or
<br />(2)Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
<br />arising out of the insured's rendering or failure to render professional services, including those listed in (1)
<br />above and supervisory, inspection, architectural or engineering activities.
<br />13. "Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the
<br />labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a
<br />"temporary worker".
<br />14. "Loading or unloading" means the handling of property:
<br />a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
<br />b.While it is in or on an aircraft, watercraft or "auto"; or
<br />c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered;
<br />but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a
<br />hand truck, that is not attached to the aircraft, watercraft or "auto".
<br />15. "Mobile equipment"means any of the following types of land vehicles, including any attached machinery or
<br />equipment:
<br />a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
<br />b.Vehicles maintained for use solely on or next to premises you own or rent;
<br />c.Vehicles that travel on crawler treads;
<br />d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
<br />(1)Power cranes, shovels, loaders, diggers or drills; or
<br />(2)Road construction or resurfacing equipment such as graders, scrapers or rollers;
<br />e.Vehicles not described in a.,b.,c.or d.above that are not self-propelled and are maintained primarily to provide
<br />mobility to permanently attached equipment of the following types:
<br />(1)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
<br />exploration, lighting and well servicing equipment; or
<br />(2)Cherry pickers and similar devices used to raise or lower workers;
<br />f.Vehicles not described in a.,b.,c.or d.above maintained primarily for purposes other than the transportation of
<br />persons or cargo.
<br />However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile
<br />equipment" but will be considered "autos":
<br />(1)Equipment designed primarily for:
<br />(a)Snow removal;
<br />(b)Road maintenance, but not construction or resurfacing; or
<br />(c)Street cleaning;
<br />(2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
<br />workers; and
<br />(3)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
<br />exploration, lighting and well servicing equipment.
<br />However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial
<br />responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles
<br />subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered
<br />"autos".
<br />Docusign Envelope ID: C0C02768-82C9-473A-904B-51774C892C63
|