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 35 of 37 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) Pollution liability insurance that is subject to the same aggregate limit of insurance as any insurance described in Paragraph (1) or (2) above. 63. "Responsible person": a. Means any of the following: (1) The "named insured" or the "named insured's" spouse (if the "named insured" is an individual); (2) Any person while he or she is: (a) Any "named insured's" partner or member, or his or her spouse, (if such "named insured" is a partnership or joint venture); (b) Any "named insured's" manager (if such "named insured" is a limited liability company); (c) Any "named insured's" "executive officer" or director (if such "named insured" is an organization other than a partnership, joint venture or limited liability company); or (d) Any "employee" of any "named insured" who is or acts as the "named insured's" risk manager; or (3) Any person while he or she is: (a) A partner or member of any organization that is a partnership or joint venture; (b) A manager of any organization that is a limited liability company; (c) An "executive officer" or director of any organization other than a partnership, joint venture or limited liability company; or (d) An "employee" of any of such organizations who is or acts as such organization's risk manager; if such organization is any "named insured's" partner or member (if such "named insured" is a partnership or joint venture) or manager (if such "named insured" is a limited liability company). b. For the purposes of any Contractors Pollution Liability Coverage, any Contractors Asbestos Pollution Liability Coverage, any Non-Owned Disposal Site Pollution Legal Liability Coverage if the "non-owned disposal site pollution conditions" are "contractor waste non-owned disposal site pollution conditions", and any Crisis Management Services Expenses For Pollution Liability Coverage, also means any person while he or she is: (1) An "employee" of any "named insured" who is responsible for environmental health and safety, or environmental affairs, control or compliance at the "named insured's" job site; or (2) An "employee" of any organization described in Paragraph a.(3)(a), (b) or (c) above who is responsible for environmental health and safety, or environmental affairs, control or compliance at such organization's job site. c. For the purposes of any Site Pollution Liability Coverage, any Non-Owned Disposal Site Pollution Legal Liability Coverage if the "non-owned disposal site pollution conditions" are "operator waste non-owned disposal site pollution conditions", and any Crisis Management Services Expenses For Pollution Liability Coverage, also means any person while he or she is: (1) An "employee" of any "named insured" who is responsible for environmental health and safety, or environmental affairs, control or compliance; or (2) An "employee" of any organization described in Paragraph a.(3)(a), (b) or (c) above who is responsible for environmental health and safety, or environmental affairs, control or compliance. 64. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds. 65. "Silica pollution conditions": a. Means any "pollution conditions" that are the discharge, dispersal, seepage, DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269