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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY <br /> <br />RP 10 00 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 1 of 37 <br /> <br /> <br />TRAVELERS ECP CUSTOMSM <br />GENERAL PROVISIONS FORM <br /> <br />THIS FORM APPLIES TO EACH OF THE TRAVELERS ECP CUSTOMSM <br />COVERAGE FORMS THAT ARE PART OF YOUR POLICY. <br />ANY LIABILITY COVERAGE FORM THAT APPLIES ON A CLAIMS- <br />MADE BASIS OR A CLAIMS-MADE AND REPORTED BASIS <br />INCLUDES A NOTIFICATION TO THAT EFFECT. <br />FOR LIABILITY COVERAGE, DEFENSE EXPENSES ARE PAYABLE <br />WITHIN, AND ARE NOT IN ADDITION TO, THE LIMITS OF <br />INSURANCE, INCLUDING ANY ADDITIONAL DEFENSE EXPENSES <br />LIMIT ADDED BY ENDORSEMENT, AND PAYMENT OF DEFENSE <br />EXPENSES WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF <br />INSURANCE. <br />PLEASE READ THE ENTIRE FORM CAREFULLY. <br /> <br />This form contains provisions that apply to <br />each of "your ECP coverage forms". <br />References to specific coverages in these <br />provisions apply only to the extent that such <br />coverage is included in "your ECP coverage <br />forms". Various provisions in this form and <br />"your ECP coverage forms" restrict <br />coverage. Read the entire policy carefully <br />to determine rights, duties and what is and <br />is not covered. <br />Throughout this policy the words "you" and <br />"your" refer to the "named insured". The <br />words "we", "us" and "our" refer to the <br />company providing this insurance. <br />Other words and phrases that appear in <br />quotation marks have special meaning. Refer <br />to Section IX - Definitions in this form and <br />the Definitions Section in "your ECP <br />coverage forms". <br />SECTION I - COVERAGE <br />1. Defense <br />a. We will have the right and duty to <br />defend the "insured" against any <br />"claim" for "loss" to which the <br />insurance provided under any liability <br />coverage in "your ECP coverage <br />forms" applies. However, we will <br />have no duty to defend the "insured" <br />against any "claim" for "loss" to <br />which such insurance does not apply. <br />When the sum of all "loss" and <br />"defense expenses" exceeds any <br />applicable deductible, we will pay <br />"defense expenses" to defend an <br />"insured" against a "claim" for "loss" <br />to which the insurance provided under <br />any liability coverage in "your ECP <br />coverage forms" applies. Payment of <br />such "defense expenses" will reduce <br />certain limits of insurance under <br />"your ECP coverage forms", and our <br />right and duty to defend an "insured" <br />ends when we have used up the <br />applicable limit of insurance in the <br />payment of "loss" or "defense <br />expenses", including any combination <br />of such payments. <br />b. We may, at our discretion, investigate <br />any act, error or omission or <br />"pollution conditions", and we may <br />settle any "claim" against any <br />"insured". If such "claim" is for <br />"loss" to which any Contractors <br />Professional Liability Coverage <br />applies, we may settle that "claim" <br />only with the "insured's" written <br />consent. However, if we notify the <br />"insured" that we are willing to pay <br />the amount of a proposed settlement <br />of such "claim" and the "insured" <br />does not consent to that proposed <br />settlement, we will not pay more than <br />the amount of that proposed <br />settlement for the combined total of <br />the following for such "claim": <br />(1) "Loss"; and <br />(2) "Defense expenses" incurred after <br />the "insured" refused to give us <br />such consent. <br />c. When we have a duty to defend an <br />"insured" against a "claim", we will <br />work with you to select the legal <br />counsel for that defense that is <br />acceptable to both you and us. <br />However, if we are unable to agree <br />with you on the selection of such <br />counsel, we retain the right to appoint <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269