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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 21 of 37 <br /> <br /> <br /> <br />b. We will retain an amount equal to the <br />amount we have paid under this <br />policy. <br />c. We will pay to the "insured" any <br />remaining portion, including any <br />amounts within any applicable <br />deductible or self-insured retention. <br />If any amounts are recovered in <br />enforcing those rights of recovery, <br />reasonable expenses incurred in enforcing <br />such rights will be shared among all <br />persons or organizations receiving <br />amounts recovered. Each such person's or <br />organization's share of those expenses is <br />based on the ratio of its amount <br />recovered to the total amounts recovered <br />by all such persons or organizations in <br />enforcing such rights. <br />If the "insured" has agreed in a contract <br />or agreement to waive that "insured's" <br />right of recovery against any person or <br />organization, we waive our right of <br />recovery against such person or <br />organization, but only for payments we <br />make for: <br />a. "Loss" to which any of the following <br />applies caused by an act, error or <br />omission committed subsequent to <br />the execution of the contract or <br />agreement: <br />(1) Any Contractors Professional <br />Liability Coverage; or <br />(2) Any Contractors Professional <br />Liability Loss Mitigation Expenses <br />Coverage; <br />b. "Loss" to which any "Pollution <br />Liability Coverage" applies resulting <br />from "pollution conditions" that <br />commence subsequent to the <br />execution of the contract or <br />agreement; or <br />c. "Loss" to which any Contractors <br />Pollution Loss Mitigation Expenses <br />Coverage applies resulting from <br />"faulty work incidents" that are not <br />first discovered by any "insured" until <br />subsequent to the execution of the <br />contract or agreement. <br />SECTION IX - DEFINITIONS <br />1. "Agreed mediation": <br />a. Means a voluntary and non-binding <br />process that: <br />(1) Is agreed to by us; and <br />(2) Involves a qualified professional <br />mediator facilitating an attempted <br />settlement of the "claim" between <br />the "insured" and the person or <br />organization making the "claim". <br />b. Does not include any mediation or <br />alternative dispute resolution that is: <br />(1) Ordered or imposed by a court; or <br />(2) Otherwise legally required. <br />2. "Asbestos pollution conditions": <br />a. Means any "pollution conditions" that <br />are: <br />(1) The disturbance of asbestos or <br />asbestos fibers if the "pollution <br />conditions" result from any <br />activity that is performed on <br />behalf of any "named insured" by <br />a subcontractor under a written <br />contract or agreement with such <br />"named insured"; or <br />(2) The inadvertent disturbance of <br />asbestos or asbestos fibers if the <br />"pollution conditions" do not <br />result from any activity that is <br />performed on behalf of any <br />"named insured" by a sub- <br />contractor under a written contract <br />or agreement with such "named <br />insured". As used in this <br />provision, inadvertent disturbance <br />does not include any discharge, <br />dispersal, seepage, migration, <br />release or escape of asbestos or <br />asbestos fibers during or as a <br />result of asbestos abatement <br />operations or any other operations <br />to test for, monitor, clean up, <br />remove, contain, treat, dispose of, <br />detoxify or neutralize, or assess <br />the effects of, asbestos or <br />asbestos fibers. <br />b. Does not include a discharge, <br />dispersal, seepage, migration, release <br />or escape of asbestos or asbestos <br />fibers from soil. <br />3. "Authorized agreed limitation of liability" <br />means that part of any written contract <br />or agreement with the following person <br />or organization under which you agree to <br />a maximum limit of such person's or <br />organization's liability, which is the <br />amount you are legally entitled to <br />recover from such person or organization: <br />a. For the purposes of any Contractors <br />Indemnity For Design Professional's <br />Liability Coverage, a "design <br />professional" if the amount of that <br />limit of liability is not less than the <br />"required design professional's <br />insurance", unless we have given you <br />our prior written consent to the <br />amount of that limit of liability <br />before the act, error or omission <br />involved in the "loss" is committed; <br />or <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269