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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 29 of 37 <br /> <br /> <br /> <br />(2) The insurance provided to such <br />person or organization does not <br />apply to any: <br />(a) "Bodily injury", "property <br />damage" or "pollution clean-up <br />costs" resulting from: <br />(i) "Pollution conditions" that <br />commenced before the <br />written contract or <br />agreement was signed by <br />the "named insured"; or <br />(ii) "Pollution conditions", or <br />any incident, condition or <br />other circumstance which <br />could become "pollution <br />conditions", that was <br />known, or reasonably should <br />have been known, by such <br />person or organization or by <br />any of that organization's <br />employees, and that was <br />not previously disclosed to <br />a "responsible person" <br />before the written contract <br />or agreement was signed by <br />the "named insured"; or <br />(b) "Bodily injury", "property <br />damage" or "pollution clean-up <br />costs" arising out of any <br />"named insured's" operation, <br />maintenance, or use of <br />equipment rented or leased <br />from that person or <br />organization if the "pollution <br />conditions" commenced after <br />the equipment lease expires. <br />39. "Insured contract" means that part of <br />any contract or agreement pertaining to <br />"covered operations" or "your contractor <br />professional services" under which the <br />"named insured" assumes the "tort <br />liability" of another to pay "loss" <br />sustained or incurred by others. <br />40. "Lead pollution conditions" means any <br />"pollution conditions" that are the <br />discharge, dispersal, seepage, migration, <br />release or escape of lead, lead <br />compounds or any material or substance <br />that contains or incorporates lead. <br />41. "Leased worker": <br />a. Means a person hired from a labor <br />leasing firm under an agreement <br />between the hirer and that firm to <br />perform duties related to the conduct <br />of the hirer's business. <br />b. Does not include a "temporary <br />worker". <br />42. "Loading or unloading" means the <br />handling of property: <br />a. After it is moved from the place <br />where it is accepted for movement <br />into or onto an "auto", aircraft or <br />watercraft or into or onto a wheeled <br />vehicle designed for travel on railroad <br />tracks; <br />b. While it is in or on an "auto", aircraft <br />or watercraft or in or on a wheeled <br />vehicle designed for travel on railroad <br />tracks; or <br />c. While it is being moved from an <br />"auto", aircraft or watercraft or from <br />a wheeled vehicle designed for travel <br />on railroad tracks to the place where <br />it is finally delivered; <br />but "loading or unloading" does not <br />include the movement of property by <br />means of a mechanical device, other than <br />a hand truck, that is not attached to the <br />"auto", aircraft or watercraft or to the <br />wheeled vehicle designed for travel on <br />railroad tracks. <br />43. "Loss" means: <br />a. For the purposes of any Contractors <br />Professional Liability Coverage: <br />(1) Compensatory damages; and <br />(2) Punitive or exemplary damages if <br />such damages are insurable under <br />applicable law. <br />b. For the purposes of Pollution Legal <br />Liability under any Contractors <br />Pollution Liability Coverage, Third- <br />Party Pollution Legal Liability under <br />any Site Pollution Liability Coverage <br />and Asbestos Pollution Legal Liability <br />under any Contractors Asbestos <br />Pollution Liability Coverage, and any <br />Non-Owned Disposal Site Pollution <br />Legal Liability Coverage: <br />(1) Compensatory damages because of <br />"bodily injury" or "property <br />damage"; <br />(2) Punitive or exemplary damages <br />because of "bodily injury" or <br />"property damage" if such <br />damages are insurable under <br />applicable law; <br />(3) "Pollution clean-up costs"; <br />(4) Prejudgment interest awarded <br />against the "insured" on that part <br />of the judgment which we pay, <br />which exceeds the applicable <br />deductible and which is within the <br />applicable limit of insurance. If we <br />make an offer to pay the <br />applicable limit of insurance, <br />"loss" does not include any <br />prejudgment interest based on that <br />period of time after the offer; <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269