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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
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<br />Page 4 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21
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<br />(a) Are caused, in whole or in
<br />part, by acts or omissions of
<br />any "named insured" or any of
<br />such "named insured's sub-
<br />contractors" in the performance
<br />of "covered operations" by or
<br />on behalf of any "named
<br />insured"; and
<br />(b) Commenced subsequent to the
<br />execution of the "insured
<br />contract"; and
<br />(2) Does not arise out of any
<br />"pollution conditions", or any
<br />incident, condition or other
<br />circumstance which could become
<br />"pollution conditions", that was
<br />known, or reasonably should have
<br />been known, by the person or
<br />organization you agreed to
<br />indemnify or by any of that
<br />organization's employees, and that
<br />was not previously disclosed to a
<br />"responsible person" prior to the
<br />execution of the "insured
<br />contract".
<br />d. Dishonest, Fraudulent, Knowingly
<br />Wrongful, Criminal Or Malicious Acts Or
<br />Omissions Or Intentional Non-Compliance
<br />"Loss" arising out of any:
<br />(1) Dishonest, fraudulent, knowingly
<br />wrongful, criminal or malicious act
<br />or omission; or
<br />(2) Intentional, knowing, willful or
<br />deliberate disregard of, or non-
<br />compliance with, any law,
<br />including any federal, state,
<br />provincial, tribal or local law,
<br />regulation or statute or any
<br />governmental, judicial or
<br />administrative order or directive;
<br />committed by or at the direction of:
<br />(1) Any "insured"; or
<br />(2) Anyone for whose acts any
<br />"insured" is legally responsible.
<br />This exclusion does not apply to any
<br />"insured" who did not:
<br />(1) Participate in committing, or direct
<br />the committing of, any such act,
<br />omission, disregard or non-
<br />compliance; or
<br />(2) Have knowledge of any such act,
<br />omission, disregard or non-
<br />compliance.
<br />e. Employers Liability
<br />"Loss" because of "bodily injury" to:
<br />(1) Any "employee" of the "insured",
<br />or its parent corporation,
<br />subsidiary or affiliate, arising out
<br />of and in the course of:
<br />(a) Employment by the "insured";
<br />or
<br />(b) Performing duties related to the
<br />conduct of the "insured's"
<br />business, or its parent
<br />corporation, subsidiary or
<br />affiliate's business; or
<br />(2) The spouse, child, parent, brother
<br />or sister of that "employee" as a
<br />consequence of "bodily injury", or
<br />as a consequence of the
<br />employment or performance of
<br />duties of that "employee",
<br />described in Paragraph (1) above.
<br />This exclusion applies whether the
<br />"insured" may be liable as an
<br />employer or in any other capacity and
<br />to any obligation to share such "loss"
<br />with or repay someone else who
<br />must pay such "loss".
<br />For the purposes of any Contractors
<br />Professional Liability Coverage, this
<br />exclusion does not apply to the "tort
<br />liability" of another to pay "loss"
<br />that is sustained by others if you
<br />have assumed such liability under an
<br />"insured contract", but only if the
<br />"loss" is caused by an act, error or
<br />omission:
<br />(1) Results from the performance of,
<br />or failure to perform, "your
<br />contractor professional services"
<br />by you or on your behalf; and
<br />(2) Was committed subsequent to the
<br />execution of the "insured
<br />contract".
<br />For the purposes of any Contractors
<br />Pollution Liability Coverage, any
<br />Contractors Asbestos Pollution
<br />Liability Coverage and any Non-Owned
<br />Disposal Site Pollution Legal Liability
<br />Coverage, this exclusion does not
<br />apply to the "tort liability" of another
<br />to pay "loss" that is sustained or
<br />incurred by others if you have
<br />assumed such liability under an
<br />"insured contract", but only if the
<br />"loss":
<br />(1) Results from "pollution conditions"
<br />that:
<br />(a) Are caused, in whole or in
<br />part, by acts or omissions of
<br />any "named insured" or any of
<br />such "named insured's sub-
<br />contractors" in the performance
<br />of "covered operations" by or
<br />on behalf of any "named
<br />insured"; and
<br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269
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