KIMLEY-HORN AND ASSOCIATES, INC. (7)

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Policy Number: B0146LDUSA2504949 3. costs incurred by the Insured to correct, re-perform or complete any Media Activities or Technology Based Services; 4. fines, taxes or loss of tax benefits, sanctions or penalties assessed against: the Insured; 5. punitive or exemplary damages, unless insurable by law in any venue which applies to the Claim, and which venue is most favorable to the Insured in relation to coverage of such Damages, excluding the application of conflicts of laws of such venue; 6. discounts, coupons, prizes, awards or other incentives offered to the Insured's customers or clients; 7. liquidated damages to the extent that such damages exceed the amount for which the Insured would have been liable in the absence of such liquidated damages agreement; 8. any amounts for which the Insured is not liable, or for which there is no legal recourse against the Insured; or matters deemed uninsurable under the law pursuant to which this Policy shall be construed. M. "Insured"shall mean: 1. the Named Insured; 2. a director, officer past or present partner partners, principals, officers, directors, members, or stockholders of the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 3. Any retired partners, principals officers, directors, members, stockholders or employees of the Insured,but only while acting within the scope of their duties for the Insured. 4. an employee, or Temporary Employee, leased or contract personnel under the direct supervision of the Named Insured, but only for work done while acting within the scope of his or her employment and related to the conduct of the Named Insured's business; 5. a principal if the Named Insured is a sole proprietorship, or a partner if the Named Insured is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 6. any person who previously qualified as an Insured under 2,3 or 4 above prior to the termination of the required relationship with the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 7. the estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Insurance; 8. the Named Insured with regard to its participation in a joint venture, for the Named Insured's liability that arises out of an act, error or omission in rendering or failing to render Professional Services by the Named Insured or for a Pollution Condition that arises out of the rendering of or failing to render Professional Services or the performance of or failing to perform Contracting Services by the Named Insured and for the Named Insured's liability arising from participation in the joint venture; and solely with respect to Insuring Clause I.B., any person or entity for whom the Named Insured renders or rendered Professional Services or performs or performed Contracting Services, provided that a written contract or agreement is in effect between the Named Insured and any person or entity requiring the person or entity to be an additional insured under the Named Insured's architects, engineers and contractors pollution liability policy. 16