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<br /> 3. professional services with respect to any Building Information Modeling (BIM) systems, including but
<br /> not limited to modification, alteration, transfer, protection, manipulation, use, or misuse thereof, or
<br /> design assist system or program, and the foregoing within Integrated Project Delivery (IPD), Public-
<br /> Private Partnership projects (P3s), or Lean Project Delivery System (LPDS); or
<br /> 4. environmental consulting, environmental engineering, environmental site assessment, remedial
<br /> investigations, feasibility studies, remedial design, environmental monitoring, testing and sampling,
<br /> remedial oversight and management, ecological studies, environmental training, industrial hygiene,
<br /> forensic inspections and expert witness services; or
<br /> 5. ordinary technology services utilized in the performance of the Professional Services described above.
<br /> Such technology services include the design, development, programming, analysis, training, use,
<br /> hosting, management, support, and maintenance of any software, database, internet service, or
<br /> website.
<br /> II. Property Damage means:
<br /> 1. physical injury to or destruction of tangible property, including resulting loss of use thereof; or
<br /> 2. loss of use of tangible property that has not been physically injured or destroyed; or
<br /> 3. diminution of property value; or
<br /> 4. Natural Resource Damage.
<br /> JJ. Protective Claim means written demand, demand for arbitration or mediation or a suit instituted by you
<br /> against the Responsible Entity seeking a remedy and alleging liability or responsibility on the part of such
<br /> Responsible Entity arising from:
<br /> 1. a negligent act, error or omission in the rendering of or failure to render Professional Services; or
<br /> 2. a Pollution Condition resulting from the performance of Contracting Activities.
<br /> Protective Claim does not include a demand or proceeding for non-monetary or injunctive relief.
<br /> KK.Protective Loss means:
<br /> 1. any amounts you are legally entitled to recover; or
<br /> 2. in the event the Protective Claim is made against a Responsible Entity in whose favor you have
<br /> granted a Limitation of Liability permitted by this Policy, any amounts you would have been legally
<br /> entitled to recover in the absence of such Limitation of Liability,-
<br /> from each Responsible Entity:
<br /> 1. due to a negligent act, error or omission in the rendering of Professional Services; or
<br /> 2. for Bodily Injury, Property Damage or Cleanup Costs due to a Pollution Condition.
<br /> In the event that multiple Responsible Entities cause the same or related loss, the amount of Protective
<br /> Loss shall not exceed the single loss caused by such multiple Responsible Entities.
<br /> LL. Recoverable Insurance means the lesser of either Item 1. or 2. below:
<br /> 1. all liability insurance applicable to the Professional Services or Pollution Condition from which the
<br /> Protective Claim arises and providing such applicable coverage to any Responsible Entity or any
<br /> person or entity for which the Responsible Entity is responsible; or
<br /> 2. in the event the Protective Claim is made against a Responsible Entity in whose favor you have
<br /> granted a Limitation of Liability permitted by this Policy that is applicable to the Protective Claim, such
<br /> Limitation of Liability.
<br /> MM. Responsible Entity means those persons or entities, retained by you or on your behalf, rendering
<br /> Professional Services or Contractor Activities.
<br /> NN.Restoration Costs means the reasonable and necessary costs incurred by you, with our prior written
<br /> Policy Form: PERFORM-10002(11-20)
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