# 15

## C. PROFESSIONAL SERVICES

Liability for Property Damage arising out of any act, error or omission in the rendering of professional services, other than architectural and engineering services (which are nonetheless subject to the other exclusions herein, including, without limitation, Exclusion E below), including, but not limited to, the rendering of legal, accounting, data processing, consulting, or investment advisory services.

## D. OWNED PROPERTY; CARE, CUSTODY OR CONTROL, ETC.

### Property Damage to:

(1) property owned or occupied by or rented to any Insured;

(2) property loaned to any Insured;

(3) property in the care, custody or control of any Insured; or

(4) that particular part of real property or fixtures on which any Insured or any contractors or sub-contractors working directly or indirectly on behalf of any Insured are performing operations, if such Property Damage arises out of such operations;

provided, however, that paragraphs (2), (3) and (4) of this Exclusion D do not apply to liability assumed under a railway sidetrack agreement; provided further that paragraphs (1) and (3) of this Exclusion D do not apply as respects damage to property of any Insured which is an Insured solely by virtue of paragraph (4) of Definition P where such property is not owned or occupied by, rented to, or in the care, custody or control of any Insured which is an Insured other than by virtue of paragraph (4) of Definition P.

## E. EFFICACY, LOSS OF USE, ETC.

### Liability of the Insured:

(1) arising out of the failure of any Insured's Products or of work, including architectural or engineering services, by or on behalf of any Insured to meet any warranty or representation by any Insured as to the level of performance, quality, fitness or durability or to perform their function or serve their purpose, to the extent that such liability is for the diminished value or utility of any Insured's Products or work by or on behalf of any Insured;