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POLICY NUMBER: PEC000663221 PROFESSIONAL LIABILITY POLLUTION LIABILITY Insured to remove an action to the United States District Court, regardless of the jurisdiction in which, an action is commenced. G. Declarations and Representations By acceptance of this Policy, you agree that the statements, declarations and information contained in the Application, submitted for this Policy and executed by you, and any other supplemental materials submitted to us are: f. true, correct and complete; 2. such statements and information are material to our underwriting of this Policy; 3. that this Policy has been issued by us in reliance upon the truth, correctness and completeness of such statements, declarations and information, and 4. the Application, submitted for this Policy and executed by you, and any other supplemental materials submitted to us are incorporated in and made part of this Policy. H. Design Professional's Insurance You shall require that each Design Professional, with whom you enter into a written agreement, carry professional liability insurance. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of this Policy. J. Inspection and Audit We shall be permitted, but not obligated, to examine, audit, monitor and inspect on a continuing basis any of your books, records, services, properties and activities at any time, as far as they relate to the subject matter of this Policy. Neither our right to examine, audit, monitor and make inspections, or the actual undertaking thereof, or any report thereon, neither constitutes an undertaking to determine or warrant that property or operations are safe, healthful, or conform to acceptable engineering practice, or are in compliance with any law, rule or regulation. Any inspections shall be coordinated through the broker or agent of the First Named Insured. K. Other Insurance Unless expressly stated to the contrary, this Policy is excess over the Self -Insured Retention Amount and any other valid and collectible insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to this Policy Number in this Policy's Declarations. When any other insurance has a duty to defend a Claim, we shall have no duty to defend the Claim; if the other insurance does not defend the Claim, we shall have the right, but not the duty to defend the Claim. With regard to SECTION I - INSURING AGREEMENTS, B. Pollution Coverages, when you are required by written agreement, executed prior to the first commencement of the Pollution Condition, to include any person or entity as an additional Insured, such coverage shall be provided on a primary and non-contributory basis to the extent required by the written agreement. k6kAtnsgnjvnk. iRia6Peraar�aNrr: EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. May not be copied without permission.