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CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 17 of 18
<br />15. "Pollutants" mean any solid, liquid, gaseous or
<br />thermal irritant or contaminant, including smoke,
<br />vapor, soot, fumes, acids, alkalis, chemicals and
<br />waste. Waste includes materials to be recycled,
<br />reconditioned or reclaimed.
<br />16. "Pollution cost or expense" means any loss, cost
<br />or expense arising out of any:
<br /> a. Request, demand, order or statutory or
<br />regulatory requirement that any insured or
<br />others test for, monitor, clean up, remove,
<br />contain, treat, detoxify or neutralize, or in any
<br />way respond to, or assess the effects of,
<br />"pollutants"; or
<br />b. Claim or suit by or on behalf of a governmental
<br />authority for damages because of testing for,
<br />monitoring, cleaning up, removing, containing,
<br />treating, detoxifying or neutralizing, or in any
<br />way responding to, or assessing the effects of,
<br />"pollutants".
<br />17."Products-completed operations hazard":
<br /> a. Includes all "bodily injury" and "property
<br />damage" occurring away from premises you
<br />own or rent and arising out of "your product" or
<br />"your work" except:
<br /> (1) Products that are still in your physical
<br />possession; or
<br /> (2) Work that has not yet been completed or
<br />abandoned. However, "your work" will be
<br />deemed completed at the earliest of the
<br />following times:
<br /> (a) When all of the work called for in your
<br />contract has been completed.
<br /> (b) When all of the work to be done at the
<br />job site has been completed if your
<br />contract calls for work at more than one
<br />job site.
<br /> (c) When that part of the work done at a job
<br />site has been put to its intended use by
<br />any person or organization other than
<br />another contractor or subcontractor
<br />working on the same project.
<br />Work that may need service, maintenance,
<br />correction, repair or replacement, but which
<br />is otherwise complete, will be treated as
<br />completed.
<br />b.Does not include "bodily injury" or "property
<br />damage" arising out of:
<br /> (1) The transportation of property, unless the
<br />injury or damage arises out of a condition in
<br />or on a vehicle not owned or operated by
<br />you, and that condition was created by the
<br />"loading or unloading" of that vehicle by any
<br />insured; or
<br /> (2) The existence of tools, uninstalled
<br />equipment or abandoned or unused
<br />materials.
<br />18."Property damage" means:
<br /> a. Physical injury to tangible property, including
<br />all resulting loss of use of that property. All
<br />such loss of use shall be deemed to occur at
<br />the time of the physical injury that caused it; or
<br /> b. Loss of use of tangible property that is not
<br />physically injured. All such loss of use shall be
<br />deemed to occur at the time of the
<br />"occurrence" that caused it.
<br />With respect to the ownership, maintenance or
<br />use of "covered autos", property damage also
<br />includes "pollution cost or expense", but only to
<br />the extent that coverage exists under the
<br />"underlying insurance" or would have existed but
<br />for the exhaustion of the underlying limits.
<br />For the purposes of this insurance, with respect to
<br />other than the ownership, maintenance or use of
<br />"covered autos", electronic data is not tangible
<br />property.
<br />As used in this definition, electronic data means
<br />information, facts or programs stored as or on,
<br />created or used on, or transmitted to or from
<br />computer software (including systems and
<br />applications software), hard or floppy disks, CD-
<br />ROMs, tapes, drives, cells, data processing
<br />devices or any other media which are used with
<br />electronically controlled equipment.
<br />19. "Retained limit" means the available limits of
<br />"underlying insurance" scheduled in the
<br />Declarations or the "self-insured retention",
<br />whichever applies.
<br />20."Self-insured retention" means the dollar amount
<br />listed in the Declarations that will be paid by the
<br />insured before this insurance becomes applicable
<br />only with respect to "occurrences" or offenses not
<br />covered by the "underlying insurance". The "self-
<br />insured retention" does not apply to "occurrences"
<br />or offenses which would have been covered by
<br />"underlying insurance" but for the exhaustion of
<br />applicable limits.
<br />21."Suit" means a civil proceeding in which damages
<br />because of "bodily injury", "property damage" or
<br />"personal and advertising injury" to which this
<br />insurance applies are alleged. "Suit" includes:
<br /> a. An arbitration proceeding in which such
<br />damages are claimed and to which the insured
<br />must submit or does submit with our consent;
<br />or
<br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630
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