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 24 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21 Conservation and Recovery Act or any of its amendments, or any equivalent request under any state, provincial, tribal or local law, regulation or statute; and e. At the time such site received the "named insured's" waste that is involved in the "non-owned disposal site pollution conditions", was not a "Superfund or other government- identified contaminated site". 19. "Covered operations" means any operations performed for others by you or on your behalf listed as Covered Operations for the Contractors Pollution Liability Coverage Form - Claims-Made or the Contractors Pollution Liability Coverage Form in Item 3. of the Travelers ECP Custom Declarations. 20. "Crisis management advisor" means any public relations firm or crisis management firm approved by us that is hired by you to perform "crisis management services" in connection with the "pollution conditions" involved. 21. "Crisis management services" means those services performed by a "crisis management advisor" in advising you or minimizing potential harm to you from the "pollution conditions" involved by maintaining or restoring public confidence in you. 22. "Crisis management services expenses" means amounts you incur that are: a. For actions taken within the first 21 days after the first discovery, or other knowledge, of the "pollution conditions" involved by any "responsible person"; b. For: (1) The reasonable and necessary: (a) Fees and expenses of a "crisis management advisor" in the performance for you of "crisis management services" solely for the "pollution conditions" involved; and (b) Costs for printing, advertising, mailing of materials, or travel by your "executive officers", directors, "employees" or agents, or by a "crisis management advisor", solely for the "pollution conditions" involved; (2) The following expenses resulting from the "pollution conditions" involved, provided that such expenses have been approved by us: (a) Medical expenses; (b) Funeral expenses; (c) Psychological counseling; (d) Temporary living expenses; or (e) Expenses to secure the scene of the "pollution conditions"; or (3) Any other expenses resulting from the "pollution conditions" involved that have been approved by us; and c. Are submitted to us within 180 days after the "crisis management advisor" advises you that "crisis management services" are no longer necessary for the "pollution conditions" involved. 23. "Deductible recovery expenses" means all fees, costs and expenses incurred by us and our attorneys to recover a deductible amount in a legal proceeding brought by us against you. But if the deductible amount awarded to us is less than the full amount of the deductible payment we sought, "deductible recovery expenses" will be a proportional amount based on the ratio of the deductible amount awarded to the full amount of the deductible payment we sought. 24. "Defense expenses": a. Means any of the following which can be directly allocated to a particular "claim", "emergency response costs" loss under any Contractors Pollution Liability Coverage or any Contractors Asbestos Pollution Liability Coverage or "on-site pollution clean-up costs" loss under any Site Pollution Liability Coverage: (1) Reasonable and necessary fees, costs and expenses of attorneys or other authorized representatives where permitted, for legal services, whether by outside or staff representatives; (2) Reasonable and necessary fees, costs and expenses of court or alternative dispute resolution proceedings and other specific items of expense, whether incurred by an outside vendor or by any of our employees, including: (a) Expert testimony; (b) Autopsy; (c) Witnesses and summonses; DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269