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 34 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21 "insured" for "loss" caused by such act, error or omission; (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 such act, error or omission; (3) Any expense that would exceed the amount of "loss" under any Contractor Professional Liability Coverage in "your ECP coverage forms" if such act, error or omission 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". 58. "Property damage": a. Means: (1) Physical damage to tangible property of others, including all resulting loss of use of that property and including diminished value of that property; or (2) Loss of use of tangible property of others that is not physically damaged. b. Does not include "environmental damage". For the purposes of this insurance: a. "Natural resources" are tangible property; and b. "Electronic data" is not tangible property. 59. "Proposed corrective actions" means a written communication that provides: a. The details of the actions that are planned to correct or mitigate the act, error or omission; and b. The amount of the expenses anticipated to be incurred in performing such actions. 60. "Related" means: a. Continuous or repeated; or b. Connected, tied or linked by any fact, circumstance, situation, event, transaction, cause or series of interrelated facts, circumstances, situations, events, transactions or causes. 61. "Required design professional's insurance": a. Means the Required Design Professional's Insurance shown in Item 9. of the Travelers ECP Custom Declarations, which is the minimum amount of professional liability insurance you must require the "design professional" to obtain for "your contractor professional services". b. Does not include insurance provided by any of the following: (1) A Commercial General Liability insurance policy or any of its endorsements; (2) The part of an Umbrella or Excess Liability insurance policy or any of its endorsements that applies excess of Commercial General Liability insurance; or (3) Professional liability insurance that is subject to the same aggregate limit of insurance as any insurance described in Paragraph (1) or (2) above. 62. "Required specified subcontractor's insurance": a. Means the Required Specified Subcontractor's Insurance shown in Item 10. of the Travelers ECP Custom Declarations, which is the minimum amount of pollution liability insurance you must require the "specified subcontractor" to obtain for "covered operations". DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269