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Contractors Pollution Liability Policy <br />6. Coverage for fines or penalties - The Company will reimburse the named insured for the <br />amount of any fine or penalty which is levied against any insured, and is paid by the <br />insured during the policy period, by the Environmental Protection Agency, any state or <br />local environmental regulatory agency, or any other governmental official or regulatory <br />agency, or any court. The maximum total amount the Company will pay for <br />reimbursement for all fines or penalties combined which are levied and paid during the <br />policy period will be $50,000, regardless of the actual number of fines or penalties levied <br />or paid, or the actual amount of any fine, and regardless of any other fact or <br />circumstance. Reimbursement shall not be available whenever the applicable law <br />provides that a particular fine or penalty is uninsurable as a matter of law. <br />For Supplementary Coverages numbers 7., 8., 9., and 10., below, it is agreed that any and all <br />payments made for any of these shall be included within, and shall not be in addition to, the <br />applicable limit of liability. <br />7. Automatic coverage for newly formed or acquired entities - The coverage provided under <br />this Policy shall apply on behalf of any entity which is newly formed or newly acquired by <br />the named insured subsequent to the inception date of the policy period. Coverage shall <br />be provided only to those newly formed or newly acquired entities for which, as of the <br />date of formation or acquisition, the named insured directly owns fifty percent (50%) or <br />more of the outstanding stock or other equity or ownership interest. <br />It is agreed that there shall only be coverage for those claims that arise from pollution <br />conditions which arise subsequent to the date of formation or acquisition. The named <br />insured agrees to advise the Company of any newly formed or acquired entity within <br />ninety (90) days of the date of formation or acquisition. The named insured agrees to <br />accept any coverage terms or reasonable additional premium which the Company may <br />require, relative to the newly formed or acquired entity. <br />8. Coverage for indemnification of clients- Whenever any written contract or written job <br />specifications provide that the named insured shall indemnify the client for, or hold the <br />client harmless or free from, any damages or claims expense which are due to a <br />pollution condition which arises out of the named insured's operations, the Company will <br />pay on behalf of the named insured those damages or claims expense that must be paid <br />to indemnify the client. <br />9. Vicarious liability coverage - The coverage provided under this Policy shall apply on <br />behalf of all insureds for pollution conditions arising out of operations performed by any <br />entity or individual for whom any insured is legally liable, as long as the operations were <br />performed on or after the effective date shown on the Policy Declarations Page or on an <br />endorsement to the Policy, but prior to the end of the policy period. <br />10. Response costs coverage - In accordance with, and in support of, the duties of the <br />named insured to mitigate damages, as described in Section VI., Conditions, Paragraph <br />G., Mitigation, the Company will reimburse the named insured for all costs expended by <br />the named insured in fulfilling the named insured's duties of mitigation, subject to the <br />following limitations: <br />xnkMougatmtixieian <br />a. The only costs that will be reimbursed by the Company are those Rm" &A"Ra''®� <br />expended by the named insured in efforts to abate, stop, prevent i� 1gemenA""�' <br />Risk Management Spedadst <br />© Freberg Environmental Inc, 2000 <br />All rights reserved. <br />