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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 19 of 37 <br /> <br /> <br /> <br />"loss" has been fully determined <br />either by a final judgment or <br />arbitration award or by written <br />agreement of us, you and the "design <br />professional", but we will not be <br />liable for any "loss" that is not <br />payable under the terms of this policy <br />or that is in excess of the applicable <br />limit of insurance. <br />Under any Contractors Indemnity For <br />Subcontractor's Pollution Liability Coverage: <br />a. No one, other than you, can sue us to <br />recover "loss" under Contractors <br />Indemnity For Subcontractor's Pollution <br />Liability Coverage; and <br />b. You cannot sue us to recover such <br />"loss" until the "specified <br />subcontractor's" obligation to pay <br />such "loss" has been fully determined <br />either by a final judgment or <br />arbitration award or by written <br />agreement of us, you and the <br />"specified subcontractor", but we will <br />not be liable for any "loss" that is <br />not payable under the terms of this <br />policy or that is in excess of the <br />applicable limit of insurance. <br />8. Premiums <br />a. The "First Named Insured": <br />(1) Is responsible for the payment of <br />all premiums; and <br />(2) Will be the payee for any return <br />premiums we pay. <br />b. The premium shown in the Travelers <br />ECP Custom Declarations may be an <br />advance premium. If it is an advance <br />premium, this policy will contain an <br />endorsement that shows when and <br />how we will compute the earned <br />premium. <br />If the earned premium is greater than <br />the advance premium, we will send a <br />bill to the "First Named Insured". The <br />due date for audit and retrospective <br />premiums is the date shown as the <br />due date on the bill. If the earned <br />premium is less than the advance <br />premium, we will return the excess to <br />the "First Named Insured". However, <br />if the earned premium is less than <br />any minimum premium we charged, <br />the premium for this policy will never <br />be less than such minimum premium. <br />c. If the premium is an advance <br />premium, the "First Named Insured" <br />must keep records of the information <br />we need for premium computation <br />and must send us copies of those <br />records at such times as we may <br />request. <br />9. Prohibited Coverage - Trade Or Economic <br />Sanctions <br />We will provide coverage for any "loss", <br />or otherwise will provide any benefit, <br />only to the extent that providing such <br />coverage or benefit does not expose us <br />or any of our affiliated or parent <br />companies to: <br />a. Any trade or economic sanction under <br />any law or regulation of the United <br />States of America; or <br />b. Any other applicable trade or <br />economic sanction, prohibition or <br />restriction. <br />10. Prohibited Coverage - Unlicensed Insurance <br />a. With respect to "loss" sustained by <br />any "insured" located in a country or <br />jurisdiction in which we are not <br />licensed to provide this insurance, <br />this insurance does not apply to the <br />extent that insuring such "loss" would <br />violate the laws or regulations of <br />such country or jurisdiction. <br />b. We do not assume responsibility for: <br />(1) The payment of any fine, fee, <br />penalty or other charge that may <br />be imposed on any person or <br />organization in any country or <br />jurisdiction because we are not <br />licensed to provide insurance in <br />such country or jurisdiction; or <br />(2) The furnishing of certificates or <br />other evidence of insurance in any <br />country or jurisdiction in which we <br />are not licensed to provide <br />insurance. <br />11. Representations <br />By accepting this policy, you agree that: <br />a. All statements in the Travelers ECP <br />Custom Declarations are accurate and <br />complete; <br />b. All such statements are based upon <br />representations made by the "First <br />Named Insured"; <br />c. All statements and representations <br />made in the application for this <br />policy, including all information <br />provided with the application for this <br />policy, are accurate and complete; and <br />d. We have issued this policy in reliance <br />upon all such statements and <br />representations. <br />12. Service Of Suit <br />In the event that we fail to pay any <br />amount claimed to be due under this <br />policy and the "insured" sues us to <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269