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POLICY NUMBER: PEC000663221 <br />PROFESSIONAL LIABILITY <br />POLLUTION LIABILITY <br />Emergency Remediatlon Expense means reasonable and necessary Remedlatlon Expense incurred on <br />an emergency basis, that you establish and we determine reasonable and necessary to mitigate the <br />immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be <br />avoided or reduced by such mitigation. <br />J. Environmental Damage means physical damage into or upon land or structures thereupon, the atmosphere <br />or any watercourse or body of water, including groundwater, caused by a Pollution Condition and resulting <br />in Remediatlon Expense. <br />Environmental Damage does not include Property Damage. <br />K. First Named Insured means the person or entity stated in Item (1) of the Declarations. <br />L. Green Building Materials means building products or materials that are recognized by The Leadership in <br />Energy and Environmental Design (LEEDO), Green Globes Assessment and Rating System, International <br />Green Construction Code or Energy Star as: <br />being environmentally preferable or sustainable; or <br />2. providing enhanced energy efficiency. <br />M. Insured means each of the following: <br />1. the First Named Insured; <br />2. the Named Insured; <br />3. the Named Insured's current and former directors, partners, principals, members, officers, <br />stockholders, or trustees, but solely while acting within the course and scope of their duties as such; <br />4. the Named Insured's current and former employees, including Leased Worker, but solely within <br />the course and scope of their employment or lease agreement; <br />5. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the event <br />of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured <br />otherwise insured herein; <br />S. any Predecessor In Interest; <br />7. any entity newly formed or acquired by the Named Insured during the Policy Period where the <br />Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, <br />provided however that: <br />a. coverage shall be provided only for Professional Loss and Protective Loss arising out of <br />Professional Services or Design Professional Services or Pollution Loss and Pollution <br />Protective Loss arising out of Contracting Services or Subcontractor Services, for <br />services performed on or afterthe date of formation or acquisition, subject to the Retroactive <br />Date; and <br />b. this coverage shall expire at the end of the Polley Period or within ninety (90) days of such <br />formation or acquisition of the entity, whichever is earlier, unless you submit written notice <br />to us providing detailed information concerning the newly formed or acquired entity and we <br />agree to accept coverage and issue an endorsement confirming coverage; <br />5. the Named Insured's participation in a legal entity including a limited II <br />venture, but only to the extent of the Named Insured's legal liability for i1 RMkM fum" <br />REVW41 s&bier $r. <br />EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. "xuMx a9 " va�ax <br />May not be copied without permission. <br />