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 16 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21 2. The Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage shown in the Travelers ECP Custom Declarations and the rules below fix the amount of "loss" under Contractors Indemnity For Design Professional's Liability Coverage for which you will be financially responsible. If "design professional's insurance" applies to the "loss", the full payment of the applicable amount of the "design professional's insurance" can apply toward the payment of the Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage. The Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage cannot be paid by amounts other than "loss" that would have been covered by Contractors Indemnity For Design Professional's Liability Coverage in the absence of that self-insured retention. 3. You will be financially responsible for the amount within the Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage for all "loss" under Contractors Indemnity For Design Professional's Liability Coverage arising out of the same act, error or omission, or "related" acts, errors or omissions, by or on behalf of the same "design professional". 4. If you are unable to be financially responsible for "loss" within the Self- Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage because of: a. Your insolvency or bankruptcy; or b. Any other reason; Contractors Indemnity For Design Professional's Liability Coverage will only apply to amounts that are in excess of the Self-Insured Retention For Contractors Indemnity For Design Professional's Liability Coverage. SECTION VII - SELF-INSURED RETENTION FOR CONTRACTORS INDEMNITY FOR SUBCONTRACTOR'S POLLUTION LIABILITY COVERAGE If an amount is shown for the Contractors Indemnity For Subcontractor's Pollution Liability Aggregate Limit in the Travelers ECP Custom Declarations, the following self-insured retention applies to "loss" under Contractors Indemnity For Subcontractor's Pollution Liability Coverage as described below: 1. This section applies only if: a. No "specified subcontractor's insurance" applies to the "loss"; b. "Specified subcontractor's insurance" applies to the "loss", but the full payment of the applicable amount of the "specified subcontractor's insurance" is less than the Self- Insured Retention For Contractors Indemnity For Subcontractor's Pollution Liability Coverage shown in the Travelers ECP Custom Declarations; or c. "Specified subcontractor's insurance" applies to the "loss", the full payment of the applicable amount of the "specified subcontractor's insurance" is not less than the Self- Insured Retention For Contractors Indemnity For Subcontractor's Pollution 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 "specified subcontractor" if such "loss" did not exceed an "authorized agreed limitation of liability". "Specified subcontractor'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 "specified subcontractor's insurance", or that a lesser amount of such insurance, applies to the "loss"; or b. In a legal proceeding in which the "specified subcontractor" adequately sought coverage for the "loss" under all potentially applicable "specified subcontractor's insurance", it is adjudicated that no such insurance, or that a lesser amount of such insurance, applies to the "loss". 2. The Self-Insured Retention For Contractors Indemnity For Subcontractor's Pollution Liability Coverage shown in the Travelers ECP Custom Declarations and the rules below fix the amount of "loss" under Contractors Indemnity For Subcontractor's Pollution Liability Coverage for which you will be financially responsible. If "specified subcontractor's insurance" applies to the "loss", the full payment of the applicable amount of the "specified subcontractor's insurance" can apply toward the payment of the Self- Insured Retention For Contractors DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269