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2. are included within the Professional Services that you agreed to perform in your written <br />agreement with a Client <br />I. Emergency Remediation Expense means reasonable and necessary Remediation Expense incurred on <br />an emergency basis, that you establish and we determine reasonable and necessary to mitigate the <br />immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be <br />avoided or reduced by such mitigation. <br />J. Environmental Damage means physical damage into or upon land or structures thereupon, the <br />atmosphere or any watercourse or body of water, including groundwater, caused by a Pollution Condition <br />and resulting in Remediation Expense. <br />Environmental Damage does not include Property Damage. <br />K. First Named Insured means the person or entity stated in Item (1) of the Declarations. <br />L. Green Building Materials means building products or materials that are recognized by The Leadership in <br />Energy and Environmental Design (LEEDS), Green Globes Assessment and Rating System, International <br />Green Construction Code or Energy Star as: <br />1. being environmentally preferable or sustainable; or <br />2. providing enhanced energy efficiency. <br />M. Insured means each of the fallowing: <br />1. the First Named Insured; <br />2. the Named Insured; <br />3. the Named Insured's current and former directors, partners, principals, members, officers, <br />stockholders, or trustees, but solely while acting within the course and scope of their duties as <br />such; <br />4. the Named Insured's current and former employees, including Leased Worker, but solely within <br />the course and scope of their employment or lease agreement; <br />S. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the <br />event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured <br />otherwise insured herein; <br />6, any Predecessor in Interest; <br />7, any entity newly formed or acquired by the Named Insured during the Policy Period where the <br />Named Insured has greater than fifty percent (60%) ownership, control, or beneficial interest, <br />provided however that: <br />a. coverage shall be provided only for Professional Loss and Protective Loss arising out of <br />Professional Services or Design Professional Services or Pollution Loss and <br />Pollution Protective Loss arising out of Contracting Services or Subcontractor <br />Services, for services performed on or after the date of formation or acquisition, subject to <br />the Retroactive Date; and <br />b. this coverage shall expire at the end of the Policy Period or within ninety (90) days of such <br />formation or acquisition of the entity, whichever is earlier, unless you submit written notice <br />to us providing detailed information concerning the newly formed or acquired entity and we <br />agree to accept coverage and issue an endorsement confirming coverage; f <br />EVPCPocCP 0618 © 2018 X.L. America, Inc, AEI Rights Reserved. Page 7 of 28 ` j <br />May not be copied without permission. <br />