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 RP 10 00 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 15 of 37 a. "Loss" that is "professional liability loss mitigation expenses" within: (1) The Self-Insured Retention For Contractors Professional Liability Loss Mitigation Expenses Coverage; or (2) Any Co-Insurance Percentage For Contractors Professional Liability Loss Mitigation Expenses Coverage; or b. "Loss" that is "pollution loss mitigation expenses" within: (1) The Self-Insured Retention For Contractors Pollution Loss Mitigation Expenses Coverage; or (2) Any Co-Insurance Percentage For Contractors Pollution Loss Mitigation Expenses Coverage. 8. If, because of: a. Your insolvency or bankruptcy; or b. Any other reason; you are unable to be financially responsible for: a. "Professional liability loss mitigation expenses" within: (1) The Self-Insured Retention For Contractors Professional Liability Loss Mitigation Expenses Coverage; or (2) Any Co-Insurance Percentage For Contractors Professional Liability Loss Mitigation Expenses Coverage; Contractors Professional Liability Loss Mitigation Expenses Coverage will only apply to amounts that are in excess of the Self-Insured Retention For Contractors Professional Liability Loss Mitigation Expenses Coverage and that are not within any Co- Insurance Percentage For Contractors Professional Liability Loss Mitigation Coverage; or b. "Pollution loss mitigation expenses" within: (1) The Self-Insured Retention For Contractors Pollution Loss Mitigation Expenses Coverage; or (2) Any Co-Insurance Percentage For Contractors Pollution Loss Mitigation Expenses Coverage; Contractors Pollution Loss Mitigation Expenses Coverage will only apply to amounts that are in excess of the Self-Insured Retention For Contractors Pollution Loss Mitigation Expenses Coverage and that are not within any Co-Insurance Percentage For Contractors Pollution Loss Mitigation Expenses Coverage. SECTION VI - SELF-INSURED RETENTION FOR CONTRACTORS INDEMNITY FOR DESIGN PROFESSIONAL'S LIABILITY COVERAGE If an amount is shown for the Contractors Indemnity For Design Professional's Liability Aggregate Limit in the Travelers ECP Custom Declarations, the following self- insured retention applies to "loss" under Contractors Indemnity For Design Professional's Liability Coverage as described below: 1. This section applies only if: a. No "design professional's insurance" applies to the "loss"; b. "Design professional's insurance" applies to the "loss", but the full payment of the applicable amount of the "design professional's insurance" is less than the Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage shown in the Travelers ECP Custom Declarations; or c. "Design professional's insurance" applies to the "loss", the full payment of the applicable amount of the "design professional's insurance" is not less than the Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage shown in the Travelers ECP Custom Declarations and we indemnify you for "loss" that you would have been legally entitled to recover from the "design professional" if such "loss" did not exceed an "authorized agreed limitation of liability". "Design professional's insurance" will be deemed to apply to the "loss", and the full amount of such insurance will be deemed to be the applicable amount, unless: a. We provide our written agreement that no "design professional's insurance", or that a lesser amount of such insurance, applies to the "loss"; or b. In a legal proceeding in which the "design professional" adequately sought coverage for the "loss" under all potentially applicable "design professional's insurance", it is adjudicated that no such insurance, or that a lesser amount of such insurance, applies to the "loss". DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269