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• Item 15. Contractual Liability— Railroads <br /> Paragraph 9. of Section V—Definitions is replaced by the following: <br /> 9. "Insured contract" means: <br /> a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that <br /> indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages <br /> resulting from such fire, lightning or explosion including water damage to premises while rented to you or <br /> temporarily occupied by you with permission of the owner is not an "insured contract"; <br /> b. A sidetrack agreement; <br /> c. Any easement or license agreement; <br /> d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a <br /> municipality; <br /> e. An elevator maintenance agreement; <br /> f. That part of any other contract or agreement pertaining to your business (including an indemnification of a <br /> municipality in connection with work performed for a municipality) under which you assume the tort liability <br /> of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort <br /> liability means a liability that would be imposed by law in the absence of any contract or agreement. <br /> 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, <br /> surveys, 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; <br /> (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or <br /> damage arising out of the insured's rendering or failing to render professional services, including <br /> those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering <br /> activities. <br /> LC 04 43 01 17 ©2016 Liberty Mutual Insurance Page 6 of 6 <br /> Includes copyrighted material of Insurance Services Office, Inc.,with its permission. <br />