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 RP 10 00 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 33 of 37 c. Non-Owned Disposal Site Pollution Legal Liability Coverage; or d. Contractors Asbestos Pollution Liability Coverage. 56. "Pollution loss mitigation expenses": a. Means reasonable and necessary expenses that: (1) Are incurred: (a) For actions taken within the first ten days after the first discovery, or other knowledge, of the "faulty work incident" by any "insured"; and (b) For the purposes of preventing "pollution conditions" from being caused by such "faulty work incident"; and (2) Are to correct or mitigate such "faulty work incident" to avoid or reduce the risk of an imminent and substantial threat of "bodily injury", or an imminent and substantial threat to the environment, that would exist if "pollution conditions" resulted from such "faulty work incident". b. Does not include: (1) "Emergency response costs" or any other expense incurred after any "pollution conditions" resulting from such "faulty work incident" commence; (2) Any expense for loss of use of any project or delay in completion of any project, including any amounts that represent liquidated damages that would have been incurred if a "claim" had been made against any "insured" for "loss" caused by "pollution conditions" resulting from such "faulty work incident"; (3) Any expense that would exceed the amount of "loss" under any Contractors Pollution Liability Coverage in "your ECP coverage forms" if such "faulty work incident" had resulted in a "claim" against any "insured" for "loss" to which such insurance applies; (4) Any expense for work or operations performed by any "insured" to redo, change, supplement or fix "your work", including redesign, or for materials, parts or equipment furnished in connection with such work or operations, or any profit or overhead of any "insured", including any salary of, or benefit for, any of the "named insured's" "employees", any of the "named insured's" current or former partners or members (if the "named insured" is a partnership or joint venture), any of the "named insured's" current or former members (if the "named insured's" is a limited liability company), or any of the "named insured's" "executive officers" or directors (if the "named insured" is an organization other than a partnership, joint venture or limited liability company); or (5) Any expenses that are for an enhancement of "your work". 57. "Professional liability loss mitigation expenses": a. Means reasonable and necessary expenses that: (1) Are described in the "proposed corrective actions" and have not been objected to in writing by us; and (2) Are incurred: (a) To correct or mitigate an act, error or omission that results from the performance of, or failure to perform, "your contractor professional services" by or on behalf of any "named insured"; and (b) For the purposes of preventing a "claim" against the "insured" for "loss" caused by such act, error or omission. b. Includes reasonable and necessary expenses payable to a third-party software consulting company that: (1) Are incurred for loss of, or damage to, information that results from an inherent malfunction, including erroneous calculations or modeling, of any software that: (a) You use in "building information modeling services"; (b) You purchased from a third- party vendor; and (c) Was not modified by you or on your behalf; and (2) Are not recoverable under any warranty or guaranty. c. Does not include: (1) Any expense incurred after a "claim" is made against any DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269