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2. 'Bodily injury'or"property damage"arising out of the sole negligence of the adcitional insured. <br /> 3. "Property damage"to: <br /> a Property owned, used or occupied by or rented to the additional insured;or <br /> b. Property in the care, custody or control of the additional insured or over which the additional <br /> insured is for any purpose exercising physical control. <br /> This insurance is excess of all other insurance available to the adcitional insured,whether primary, <br /> excess, contingent or on any other basis, unless the written contract requires this insurance to be <br /> primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the <br /> additional insured as a Named Insured in the Dedarations and we will not require contribution from such <br /> insurance if the written contract also requires that this insurance be non-contributory. But with respect to <br /> all other insurance under which the additional insured qualifies as an insured or additional insured, this <br /> insurance will be excess. <br /> L INSURED CONTRACT DCTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS <br /> Item 9.of SECTION V-DEFINfIIONS , is deleted and replaced with the following. <br /> 9. "Insured Contract"means: <br /> a A contract for a lease of premi:as. However, that portion of the contract for a lease of <br /> premises that indemnifies any person or organization for damage by fire to premier while <br /> rented to you or tenporarily occupied by you with permission of the owner is not an "insured <br /> contract"; <br /> b. A sidetrack agreement; <br /> c. Any easement or license agreement; <br /> d M obligation, as required by ordinance, to indemnify a municipality, except in connection with <br /> work for a municipality, <br /> a An elevator maintenance agreement; <br /> f. That part of any other contract or agreement pertaining to your business (inducing an <br /> indemnification of a municipality in connection with work performed for a municipality) under <br /> which you assume the tort liability of another party to pay for "bodily injury' or "property <br /> damage" to a third person or organization. Tort liability means a liability that would be <br /> irrposed by law in the absence of any contract or agreement. <br /> Paragraph f. does not indude 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, <br /> opinions, reports, surveys, field orders, change orders or drawings and <br /> specifications;or <br /> (b) Giving directions or instructions, or failing to give them, if that is the primary cause <br /> of the injury or damage;or <br /> (2) Under With the insured, if an architect, engineer or surveyor, assumes liability for an <br /> injury or damage arising out of the insureds rendering or failure to render professional <br /> services, including those listed in (1) above and supervisory, inspection, architectural or <br /> engineering activities. <br /> GL-3085(09/11) -5- <br />