**(b) The activities of a person whose home is in the territory described in a above, but is away for a short time on your business: and**

**(2) The insured's responsibility to pay damages is determined in a 'suit' on the merits, in the territory described in a above or in a settlement we agree to.**

**5. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because:**

* **a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or**
* **b. You have failed to fulfill the terms of a contract or agreement:**
    * **if such property can be restored to use by:**
        * **a. The repair, replacement, adjustment or removal of your product or "your work"; or**
        * **b. Your fulfilling the terms of the contract or agreement.**

**6. "Insured contract" means:**

* **a. A lease of premises;**
* **b. A sidetrack agreement;**
* **c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;**
* **d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;**
* **e. An elevator maintenance agreement;**
* **f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for 'bodily injury' or 'property damage' to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.**

**An "insured contract" does not include that part of any contract or agreement:**

* **a. That indemnifies any person or organization for 'bodily injury' or 'property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;**
* **b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of:**
    * **(1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or**
    * **(2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;**
* **c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; or**
* **d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you.**

**7. "Loading or unloading" means the handling of property:**

* **a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";**
* **b. While it is in or on an aircraft, watercraft or "auto";**
* **c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered;**
    * **but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto."**

**8. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment.**

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Copyright. Insurance Services Office, Inc., 1982, 1991 CG 00 01 11 88