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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 25 of 37 <br /> <br /> <br /> <br />(d) Copies of documents such as <br />birth and death certificates and <br />medical treatment records; <br />(e) Surveillance or other professional <br />investigations which are <br />conducted as part of handling <br />of a "claim", "emergency <br />response costs" loss or "on- <br />site pollution clean-up costs" <br />loss; and <br />(f) Loss prevention and engineering <br />services which are conducted <br />as part of handling of a <br />"claim", "emergency response <br />costs" loss or "on-site <br />pollution clean-up costs" loss; <br />(3) The cost of bonds to release <br />attachments, but only for bond <br />amounts within the applicable limit <br />of insurance. We will not be the <br />principal under these bonds and do <br />not have to furnish these bonds; <br />(4) All reasonable expenses incurred <br />at our request by the "insured" <br />who is an individual to assist us <br />in the investigation or defense of <br />the "claim", "emergency response <br />costs" loss or "on-site pollution <br />clean-up costs" loss, including <br />actual loss of earnings of up to <br />$500 a day by that individual <br />because of time taken off from <br />work; or <br />(5) All costs taxed against the <br />"insured" in the civil, or <br />governmental administrative or <br />regulatory proceeding, for that part <br />of the judgment or order we pay. <br />However, these payments do not <br />include attorneys' fees or <br />attorneys' expenses taxed against <br />the "insured". <br />b. Does not include: <br />(1) Our expenses, including salaries, <br />overhead and traveling expenses of <br />our employees, except for those <br />fees, costs or expenses described <br />in Paragraphs a.(1) or a.(2) above <br />incurred while handling a "claim", <br />"emergency response costs" loss <br />or "on-site pollution clean-up <br />costs" loss; <br />(2) Fees paid to independent claims <br />professionals (hired to perform the <br />function of claim investigation <br />normally performed by claim <br />adjusters), for developing and <br />investigating a "claim" so that a <br />determination can be made of the <br />cause or extent of, or <br />responsibility for, "loss", including <br />evaluation and settlement of <br />"claims" to which this insurance <br />applies; <br />(3) Any prejudgment interest awarded <br />against the "insured"; <br />(4) Any interest on a judgment that <br />accrues after entry of the <br />judgment; <br />(5) Any expense to test for, monitor, <br />clean up, remove, contain, treat, <br />dispose of, detoxify or neutralize, <br />or assess the effects of, <br />"pollutants", "fungi" or bacteria; <br />or <br />(6) Any expense to restore, repair or <br />replace real or personal property <br />of others to substantially the <br />same condition as it was before <br />the property was damaged by or <br />on behalf of an "insured" during <br />the course of performing any <br />operations described in Paragraph <br />(5) above. <br />25. "Design professional" means a person, <br />other than any "named insured's" <br />employee, or an organization, if such <br />person or organization: <br />a. Agrees in a written contract or <br />agreement to perform "your <br />contractor professional services"; and <br />b. Is legally qualified to perform such <br />services, or confirms that any other <br />person or organization performing <br />such services on its behalf is legally <br />qualified to perform such services, if <br />such legal qualification is required by <br />applicable laws or regulations. <br />26. "Design professional's insurance" means <br />any professional liability insurance <br />available to the "design professional" as <br />a named insured for "your contractor <br />professional services" and includes any <br />deductible, self-insured retention or <br />coinsurance obligation under that <br />insurance. <br />27. "Disposal site": <br />a. Means a premises, site or location <br />that is or was at any time used by or <br />for any "insured" or others for the <br />handling, storage, disposal, processing <br />or treatment of waste. <br />b. Does not include a premises, site or <br />location that: <br />(1) Is located within the boundaries of <br />a job site where "covered <br />operations" are being performed; <br />and <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269