2022-204-E-IT Dept-NetPlanner Systems-Design changes and material cost increase for fiber optic infrastructure project

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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY Page 2 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21 such counsel, subject to applicable law. If the "insured" has the right to select the legal counsel for the defense under the applicable law and exercises such right: (1) The attorneys' fees and all other "defense expenses" we must pay to the "insured's" chosen counsel are limited to the rates we would actually pay to counsel that we retain in defense of similar claims in the location where the "claim" is being defended; (2) We may require that such counsel meet certain minimum qualifications with respect to competency, including experience in defending such claims, and meet certain minimum requirements with respect to such counsel's errors and omissions insurance; and (3) Upon request, that counsel will respond on a timely basis to our request for any and all information regarding the "claim". d. If we defend more than one "insured" against the same "claim" or "related" "claims", we have the right to require each such "insured" to be defended by the same legal counsel, unless the "insured" or such counsel establishes that a conflict of interest prevents such joint defense. e. We will have the right but not the duty to defend any "insured" with respect to: (1) Any "emergency response costs" to which the insurance provided under any of the following applies: (a) Emergency Response Costs in any Contractors Pollution Liability Coverage; or (b) Asbestos Emergency Response Costs in any Contractors Asbestos Pollution Liability Coverage; or (2) Any "on-site pollution clean-up costs" to which the insurance provided under On-Site Pollution Clean-Up Costs in any Site Pollution Liability Coverage applies, if there is no "claim" for such costs. Payment of such "defense expenses" will reduce certain limits of insurance under "your ECP coverage forms". f. We will have no other obligation or liability to pay sums or perform acts or services unless explicitly provided for under: (1) Paragraph 3., Right To Appeal A Judgement, below; or (2) Paragraph 3., Supplementary Payments, of SECTION I - CONTRACTORS PROFESSIONAL LIABILITY COVERAGE in any Contractors Professional Liability Coverage. 2. Exclusions Applying To All Coverages Provided Under Your ECP Coverage Forms The following exclusions apply to all of "your ECP coverage forms" and are in addition to any exclusions contained in each such coverage form. This insurance does not apply to: a. Asbestos (1) "Loss" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos. (2) Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, asbestos, asbestos fibers or products containing asbestos, by any "insured" or by any other person or organization. For the purposes of any Contractors Asbestos Pollution Liability Coverage, this exclusion does not apply. For the purposes of any Contractors Professional Liability Coverage, this exclusion does not apply if the "loss" is not caused or contributed to by the hazardous properties of asbestos. For the purposes of any Non-Owned Disposal Site Pollution Legal Liability Coverage, this exclusion does not apply if the "asbestos pollution conditions" also are "contractor waste non-owned disposal site pollution conditions". b. Claims By Insureds Against Insureds Or By Related Persons Or Organizations "Loss" for which any "claim" is made by or on behalf of: (1) Any "insured" against any other "insured"; DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269