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Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to in- <br /> lubricants, fluids, exhaust gases or other demnify a municipality, except in connection <br /> similar "pollutants" that are needed for or with work for a municipality; <br /> result from the normal electrical, hydraulic or 5. That part of any other contract or agreement <br /> mechanical functioning of the covered "auto" pertaining to your business (including an in- <br /> or its parts, if: demnification of a municipality in connection <br /> (1) The "pollutants" escape, seep, migrate with work performed for a municipality) under <br /> or are discharged, dispersed or re- which you assume the tort liability of another <br /> leaseed directly from an "auto" part to pay for"bodily injury" or "property damage" <br /> designed by its manufacturer to hold, to a third party or organization. Tort liability <br /> store, receive or dispose of such means a liability that would be imposed by <br /> "pollutants";and law in the absence of any contract or <br /> (2) The "bodily injury", "property damage" agreement; <br /> or "covered pollution cost or expense" 6. That part of any contract or agreement <br /> does not arise out of the operation of entered into, as part of your business, <br /> any equipment listed in Paragraph pertaining to the rental or lease, by you or any <br /> 6.b. or 6.c. of the definition of"mobile of your "employees", of any "auto". However, <br /> equipment". such contract or agreement shall not be <br /> Paragraphs b. and c. above do not apply to considered an "insured contract"to the extent <br /> "accidents"that occur away from premises owned that it obligates you or any of your <br /> by or rented to an "insured" with respect to "employees" to pay for "property damage" to <br /> "pollutants"not in or upon a covered "auto"if: any "auto" rented or leased by you or any of <br /> your"employees". <br /> (a) The "pollutants" or any property <br /> in which the pollutants are An "insured contract" does not include that part of <br /> contained are upset, overturned any contract or agreement: <br /> or damaged as a result of the a. That indemnifies a railroad for "bodily in- <br /> maintenance or use of a covered jury" or "property damage" arising out of <br /> "auto"; and construction or demolition operations, <br /> (b) The discharge, dispersal, seep- within 50 feet of any railroad property and <br /> age, migration, release or escape affecting any railroad bridge or trestle, <br /> of the "pollutants" is caused tracks, roadbeds, tunnel, underpass or <br /> directly by such upset, overturn crossing; <br /> or damage. b. That pertains to the loan, lease or rental <br /> E. "Diminution in value" means the actual or per- of an "auto" to you or any of your <br /> ceived loss in market value or resale value which "employees", if the "auto" is loaned, <br /> results from a direct and accidental "loss". leased or rented with a driver; or <br /> F. "Employee" includes a "leased worker". "Em- c. That holds a person or organization en- <br /> ployee"does not include a "temporary worker". gaged in the business of transporting <br /> property by "auto" for hire harmless for <br /> G. "Insured" means any person or organization quali- your use of a covered "auto" over a route <br /> fying as an insured in the Who Is An Insured pro- or territory that person or organization is <br /> vision of the applicable coverage. Except with re- authorized to serve by public authority. <br /> spect to the Limit of Insurance, the coverage af- <br /> forded applies separately to each insured who is I. "Leased worker"means a person leased to you by a <br /> seeking coverage or against whom a claim or labor leasing firm under an agreement between you <br /> "suit" is brought. and the labor leasing firm to perform duties related <br /> to the conduct of your business. "Leased worker" <br /> H. "Insured contract" means: does not include a"temporary worker". <br /> 1. A lease of premises; J. "Loss"means direct and accidental loss or damage. <br /> 2. A sidetrack agreement; K. "Mobile equipment" means any of the following <br /> 3. Any easement or license agreement, except types of land vehicles, including any attached ma- <br /> in connection with construction or demolition chinery or equipment: <br /> operations on or within 50 feet of a railroad; <br /> CA 00 01 03 10 ©Insurance Services Office, Inc.,2009 Page 11 of 12 <br />