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If the Company agrees to Rectification Costs necessary to remedy such Design Defect, then <br /> written notice of the Design Defect shall be deemed the reporting of a potential Claim under this <br /> policy. <br /> The Company's agreement to Rectification Costs shall not alleviate any Insured from complying <br /> with any ordinance or law, or transfer any liability to the Company. <br /> II. The following Sublimits of Liability apply to this Coverage Extension: <br /> Regardless of the number of Design Defects: <br /> A. Subject to the Policy Term Aggregate shown in ITEM 3. of the DECLARATIONS, the Aggregate <br /> Rectification Sublimit of Liability shown in the Schedule of the Rec#fication Coverage Extension <br /> Endorsement (hereinafter, this Endorsement) is the maximum amount the Company will <br /> reimburse for all Rectification Costs under this Coverage Extension. <br /> B. Subject to A. above, the Each Design Defect Rectification Sublimit of Liability shown in the <br /> Schedule of this Endorsement is the maximum amount the Company will reimburse for all <br /> Rectification Costs arising out of one Design Defect. Each and every individual Design <br /> Defect will be subject to the Rectification Retained Amount and Rectification Sublimit of <br /> Liability.. <br /> ill. All of the exclusions of the Policy apply to this Coverage Extension. However, the following <br /> exclusions apply to this Coverage Extension and supersede any similar exclusions of the policy to <br /> the contrary: <br /> This Coverage Extension does not apply to: <br /> A. The failure of any Temporary Works to perform their intended function; <br /> B. Any Cosmetic Defect; <br /> C. Any actual or alleged deficiency in connection with construction means, methods, techniques or <br /> sequences or procedures; <br /> D. Any intentional act which results, directly or indirectly, in a Design Defect; <br /> E. Coverage provided under any property policy or endorsement, including builder's risk insurance, <br /> an installation floater, or other property coverage that would provide coverage for loss that is <br /> covered under this Coverage Extension, but for the exhaustion of the limits of insurance of such <br /> property policy or endorsement, or <br /> F. Any activity or services provided as a construction manager. <br /> IV. All of the definitions of the policy apply to this Coverage Extension. However, the following <br /> additional definitions apply to this Coverage Extension and supersede any similar definitions of the <br /> policy to the contrary: <br /> A. Cosmetic Defect means a superficial or surface defect that does not: (1) affect the structural <br /> soundness of the construction project or (2) interfere with the functionality of the construction <br /> project. <br /> B. Design Defect means a defect in the design of the construction intended to be part of the <br /> completed and permanent project caused by negligence, defined as the failure to meet the <br /> professional standard of care legally required or reasonably expected under the circumstances <br /> in the performance or non-performance of Professional Services rendered to others by the <br /> Insured or any entity for whom the Insured is legally liable. <br /> LX6266 (03/18) <br /> 128689 Page 2 of 3 <br />