# 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 other than by virtue of paragraph (4) of Definition P.

## 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;
2. without limiting paragraph (1) of this Exclusion E, in respect of Property Damage to any portion or section of the Insured's Products or of work performed by or on behalf of any Insured, if such Property Damage arises out of or is alleged to arise out of that portion of such products or that section of work, or out of materials, parts or equipment furnished in connection therewith;
3. for the costs incurred for the withdrawal, inspection, repair, recall, return, replacement or disposal of any Insured's Products or work, including, without limitation, architectural or engineering services, or, in connection with any of the foregoing, loss of use thereof; provided, however, that this paragraph (3) shall not apply in respect of costs incurred for the withdrawal, inspection, repair, recall, return, replacement or disposal of products or work of a party other than an Insured of which the Insured's Products or work forms a part;
4. for the costs incurred for the withdrawal, inspection, repair, recall, return, replacement or disposal of any Automobiles or products used in Automobiles of which the Insured's Products or work forms a part or for Property Damage to Automobiles or products used in Automobiles as a result of incorporation of the Insured's Products or work therein; or
5. in respect of decline of value of real or personal property, to the extent such decline in value is attributable not to physical damage or destruction thereof but to proximity to continuing operations, activities or equipment which limit the usage of such property or make occupation of such property by people less feasible or desirable.