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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
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<br />Page 26 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21
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<br />(2) Is not being used by you or on
<br />your behalf for the disposal,
<br />processing or treatment of waste.
<br />28. "Electronic data" means information,
<br />facts, or programs stored as or on,
<br />created or used on, or transmitted to or
<br />from computer software (including
<br />systems and applications software), hard
<br />or floppy disks, CD-ROMS, tapes, drives,
<br />cells, data processing devices, or any
<br />other media which are used with
<br />electronically controlled equipment.
<br />29. "Emergency response costs" means
<br />reasonable and necessary expenses
<br />incurred by you or on your behalf that:
<br />a. Are for actions taken within the first
<br />ten days after the first discovery, or
<br />other knowledge, of the "pollution
<br />conditions" by any "insured"; and
<br />b. Are to abate, remove or remediate
<br />the "pollution conditions" in response
<br />to an imminent and substantial threat
<br />of "bodily injury" or an imminent and
<br />substantial threat to the environment.
<br />30. "Employee":
<br />a. Includes:
<br />(1) A former or retired employee; and
<br />(2) A "leased worker".
<br />b. Does not include a "temporary
<br />worker".
<br />31 ."Environmental damage":
<br />a. Means the harmful or damaging
<br />presence of "pollutants" that results
<br />in "pollution clean-up costs".
<br />b. Does not include "property damage".
<br />32. "Environmental laws" means any federal,
<br />state, provincial, tribal or local law,
<br />regulation or statute, or any
<br />governmental, judicial or administrative
<br />order or directive, governing liabilities or
<br />responsibilities of the "insured" with
<br />respect to "pollution conditions".
<br />33. "Executive officer" means any person
<br />holding an officer position created by an
<br />organization's charter, constitution, by-
<br />laws or any other similar governing
<br />document.
<br />34. "Faulty work incident" means any defect,
<br />deficiency, inadequacy or dangerous
<br />condition in "your work" that is neither
<br />expected nor intended from the
<br />standpoint of any "insured".
<br />35. "First Named Insured" means the first
<br />person or organization stated in Item 1.
<br />of the Travelers ECP Custom
<br />Declarations.
<br />36. "Fungi" means any type or form of
<br />fungus, including mold or mildew and
<br />any mycotoxins, spores, scents or
<br />byproducts produced or released by
<br />fungi.
<br />37. "Fungi or bacteria conditions" means the
<br />discharge, dispersal, seepage, migration,
<br />release or escape of "fungi" or bacteria,
<br />provided that no part of such discharge,
<br />dispersal, seepage, migration, release or
<br />escape is expected or intended from the
<br />standpoint of the "insured". The growth
<br />or reproduction of "fungi" or bacteria at
<br />a premises, site or location beyond
<br />amounts and concentrations naturally
<br />present at that premises, site or location
<br />will be deemed to be a discharge,
<br />dispersal, seepage, migration, release or
<br />escape of "fungi" or bacteria.
<br />38. "Insured" means:
<br />a. Any "named insured";
<br />b. The "named insured's" legal
<br />representative if the "named insured"
<br />dies or if the "named insured" is
<br />declared mentally incompetent, but
<br />only with respect to duties as such.
<br />That representative will have all rights
<br />and duties of such "named insured"
<br />under this policy;
<br />c. Only for the purposes of:
<br />(1) Any Contractors Professional
<br />Liability Coverage, and only with
<br />respect to the conduct of the
<br />"named insured's" contractor
<br />business;
<br />(2) Any Contractors Pollution Liability
<br />Coverage, any Contractors Asbestos
<br />Pollution Liability Coverage, and
<br />any Non-Owned Disposal Site
<br />Pollution Legal Liability Coverage
<br />if the "non-owned disposal site
<br />pollution conditions" are "contractor
<br />waste non-owned disposal site
<br />pollution conditions", and only
<br />with respect to the conduct of
<br />"covered operations" for the
<br />"named insured's" business; and
<br />(3) Any Site Pollution Liability
<br />Coverage, and any Non-Owned
<br />Disposal Site Pollution Legal
<br />Liability Coverage if the "non-
<br />owned disposal site pollution
<br />conditions" are "operator waste
<br />non-owned disposal site pollution
<br />conditions", and only with respect
<br />to the conduct of the "named
<br />insured's" business;
<br />the following persons or organizations:
<br />(1) The "named insured's" spouse if
<br />such "named insured" is
<br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269
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