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C. Protective Lossipollution Protective Loss Bankruptgy Litigation Expense Coverage
<br />We will indemnify you up to an aggregate limit of liability of $26,000 for the reasonable and necessary fees
<br />and expenses incurred by you for retaining bankruptcy counsel in the making of a Protective Claim or a
<br />Pollution Protective Claim that qualifies for coverage under this Policy against a Design Professional or
<br />Subcontractor, as applicable, who has filed for or has been placed into bankruptcy under the United
<br />States Bankruptcy Code, provided that the Protective Claim or Pollution Protective Claim results In a
<br />judgment for you against the Design Professional or Subcontractor that is final and no longer subject to
<br />appeal. This limit of liability is the most we will pay regardless of the number of Claim(s).
<br />D. Litigation Expense Coverage
<br />We will Indemnify you up to an aggregate limit of liability of $25,000 for the actual loss of earnings and
<br />reasonable and necessary expenses incurred by you for attendance at depositions, hearings, arbitrations,
<br />Mediation or trials at our written request for Claim(s) covered under this Policy. This limit of liability is the
<br />most we will pay regardless of the number of Clalm(s).
<br />E. Subpoena Expense Coverage
<br />We will pay on your behalf up to an aggregate limit of liability of $26,000 for reasonable and necessary fees
<br />and costs of counsel retained and incurred by us to advise you regarding the production of subpoenaed
<br />documents or to represent you while preparing for or giving testimony in response to a subpoena that is
<br />both served on you during the Policy Period and reported by you to us, in writing, during the Policy
<br />Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional
<br />Extended Reporting Period, and arises from Professional Services or Pollution Conditions that are
<br />within the scope of coverage under this Policy. This limit of liability is the most we will pay regardless of the
<br />number of subpoenas served.
<br />F. Disciplinary Proceeding Expense Coverage
<br />We will pay on your behalf up to an aggregate limit of liability of $25,000 for Legal Expense from a
<br />disciplinary proceeding against you before a design professional or contractor licensing board, provided
<br />that the disciplinary proceeding arises out of a negligent act, error or omission in Professional Services,
<br />or a Pollution Condition caused by Contracting Services, rendered on or after the Retroactive Date and
<br />before the end of the Policy Period, if the disciplinary proceeding is brought against you during the Policy
<br />Period and reported to us, in writing, by you, during the Policy Period, within ninety (90) days of the end of
<br />the Policy Period, or, where applicable, the Optional Extended Reporting Period. This limit of liability is the
<br />most we will pay regardless of the number of proceedings.
<br />G. Americans with Disabilities Act and Fair Housing Act Expense Coverage
<br />We will pay on your behalf up to an aggregate limit of liability of $25,000 for Legal Expense from the
<br />investigation of or response to a regulatory or administrative action from a governmental agency under the
<br />Americans with Disabilities Act of 1990 (ADA), as amended, or the Fair Housing Act (FHA), as amended,
<br />alleging a negligent act, error or omission in Professional Services rendered on or after the Retroactive
<br />Date and before the end of the Policy Period, if the regulatory or administrative action is brought against
<br />you during the Policy Period and reported to us, in writing, by you, during the Policy Period, within ninety
<br />(90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period.
<br />This limit of liability is the most we will pay regardless of the number of investigations or actions.
<br />H. Building Information Modeling Expense Coverage
<br />We will indemnify you up to an aggregate limit of liability of $25,000 for reasonable and necessary
<br />additional expenses payable to a third -parry software consulting company, that are not otherwise
<br />recoverable from any warranty or guarantee, arising from loss of or damage to information due to a
<br />malfunction of software used in connection with a Building Information Modeling (BIM) system purchased
<br />from a third -party vendor that was not modified by you or on your behalf, including erroneous calculations
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