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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY <br /> <br /> <br /> <br />RP 10 00 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 5 of 37 <br /> <br /> <br /> <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 />f. Express Warranties Or Guarantees <br />"Loss" arising out of any express <br />warranty or guarantee, including any <br />such warranty or guarantee that: <br />(1) Is made in bid preparations or <br />specifications for all or part of a <br />project; or <br />(2) Involves the cost, timing or <br />schedule, quality, revenue or use, <br />or performance of, or for, all or <br />part of a project. <br />This exclusion does not apply to <br />"loss" for which the "insured" would <br />have liability without the express <br />warranty or guarantee. <br />For the purposes of any Contractors <br />Indemnity For Design Professional's <br />Liability Coverage, this exclusion does <br />not apply to "loss" for which the <br />"design professional" would have <br />liability without the express warranty <br />or guarantee. <br />For the purposes of any Contractors <br />Indemnity For Subcontractor's <br />Pollution Liability Coverage, this <br />exclusion does not apply to "loss" <br />for which the "specified <br />subcontractor" would have liability <br />without the express warranty or <br />guarantee. <br />g. Fines, Penalties, Fees, Liquidated Or <br />Multiplied Damages Or Injunctive Relief <br />(1) Any fine or penalty assessed or <br />imposed against any "insured" by <br />law, 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 />Punitive or exemplary damages <br />will be deemed to not be such a <br />fine or penalty if such damages <br />are insurable under applicable law. <br />(2) Any part of the fee for "your <br />work" which a client fails or <br />refuses to pay. <br />(3) The portion of any liquidated <br />damages award that exceeds the <br />amount for which the "insured" <br />would have liability without the <br />agreement to pay liquidated <br />damages. <br />(4) The portion of any multiplied <br />damage award that exceeds the <br />amount that is multiplied. <br />(5) Any injunctive relief required by, <br />or any cost or expense to comply <br />with, any law, including any <br />federal, state, provincial, tribal or <br />local law, regulation or statute or <br />any governmental, judicial or <br />administrative order or directive. <br />For the purposes of any "Pollution <br />Liability Coverage", Paragraph (5) of <br />this exclusion does not apply to <br />"pollution clean-up costs". <br />For the purposes of any Contractors <br />Pollution Liability Coverage and any <br />Contractors Asbestos Pollution <br />Liability Coverage, Paragraph (5) of <br />this exclusion does not apply to <br />"emergency response costs". <br />h. Your Product <br />"Loss" arising out of "your product" <br />or any part of it. <br />This exclusion does not apply to <br />"loss" arising out of "your product", <br />or any part of it, that is any material, <br />part or equipment furnished as part of <br />"your work". <br />i. Unnamed Partnership, Joint Venture Or <br />Limited Liability Company <br />"Loss" arising out of the conduct of <br />any current or past partnership, joint <br />venture or limited liability company <br />that is not a "named insured". <br />This exclusion does not apply to any <br />such organization that otherwise <br />qualifies as an "insured". <br />For the purposes of any Contractors <br />Professional Liability Coverage, this <br />exclusion does not apply to any <br />"named insured's" liability for "loss" <br />arising out of the conduct of the <br />contractor business of such current or <br />past partnership, joint venture or <br />limited liability company if such <br />"named insured" would have been <br />covered for the "loss" by other <br />professional liability insurance issued <br />to such partnership, joint venture or <br />limited liability company but is not <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269