Legal Expense also does not include salary charges of our employees.
<br />Legal Expense does not include any legal costs, charges and expenses incurred in relation to
<br />Rectification Expense, Emergency Remediation Expense or to any legal costs or expenses incurred by
<br />you in the investigation, prosecution, pursuit, adjustment, making or appeal of a Protective Claim or a
<br />Pollution Protective Claim, except as provided by SECTION 11 - SUPPLEMENTAL COVERAGES, C.
<br />R. Low -Level Radioactive Waste and Material means waste or material that when disposed is acceptable
<br />for disposal in a near -surface disposal facility or a land disposal facility as defined in 10 CFR 61.2.
<br />S. Media Event means a spontaneous happening that produces coverage by any mass media organization,
<br />particularly television news and newspapers, in either print or internet editions.
<br />T. Mediation means an informal and non -binding dispute settlement process run by a neutral third -party
<br />approved by us.
<br />U. Mold Matter means mold, mildew or any type or form of fungus, including mycotoxins, spores or by-
<br />products produced or released by fungi.
<br />V. Named Insured means:
<br />1. the First Named Insured; and
<br />2, any person or entity designated as a Named Insured by endorsement to this Policy.
<br />W. Natural Resource Damage means physical injury to, or destruction of, as well as the assessment of such
<br />Injury or destruction, including the resulting loss of use of the land or resources to the general public, fish,
<br />wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, or
<br />managed by, held in trust by, appertaining to, or otherwise controlled by the United States including the
<br />resources of the fishery conservation zone established by the Magnuson -Stevens Fishery Conservation
<br />and Management Act 16 U.S.C. 1801 et. seq.), any State, Local or Provincial government, any foreign
<br />government, any Native American tribe or, If such resources are subject to a trust restriction on alienation,
<br />any member of a Native American tribe. The terms Natural Resource Damage and Natural Resource
<br />Damage Assessments are as further defined by statute [CERCLA §§101(6); 107(a)(4)(C); OPA
<br />1002(b)(2)] and regulation [43 CFR Part 11; 15 CFR Part 990].
<br />X. Non -Owned Disposal Site means a location used by you for the treatment, storage or disposal of waste or
<br />material, provided that:
<br />1. the Non -Owned Disposal Site is not managed, operated, owned or leased by you or your affiliate;
<br />2, the Non -Owned Disposal Site is permitted or licensed by the applicable federal, state, local or
<br />provincial authorities to accept such waste or material as of the date the waste or material is
<br />treated, stored or disposed at the Non-Dwned Disposal Site; and
<br />3. the Non -Owned Disposal Site is not listed on a proposed or fine[ Federal National Priorities List or
<br />any state or provincial equivalent National Priority List, Superfund or Hazardous Waste List prior to
<br />the treatment, storage or disposal of the waste or material at the Non -Owned Disposal Site.
<br />Y. Policy Period means the period listed in Item (2) of the Declarations or any shorter period resulting from
<br />cancellation.
<br />Z. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant including, but not limited to,
<br />acids, alkalis, electromagnetic fields, fumes, hazardous substances, bacteria, Low -Level Radioactive
<br />Waste and Material, Mold Matter, odors, smoke, soot, toxic chemicals, vapors and waste materials,
<br />including medical, infectious and pathological wastes.
<br />EVPCPocCP 0618 0 2018 X.L. America, Inc. All Rights Reserved. Page 9 of 28
<br />May not be copied without permission. A
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