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AA. Pollution Condition means: <br />1. the discharge, dispersal, release, seepage, migration or escape of Pollutants into or upon land or <br />structures thereupon, the atmosphere or any watercourse or body of water, including groundwater; <br />and <br />2. the presence of Mold Matter in or on buildings or structures. <br />BB. Pollution Loss means each of the following that results from a Pollution Condition: <br />1. a monetary judgment, award or settlement of compensatory damages: <br />a. resulting from Bodily Injury or Property Damage; or <br />b. for Remediation Expense; <br />2, with regard to SECTION I - INSURING AGREEMENTS, B.2. Transportation Coverage and B.6. <br />Your Location Coverage, Remediation Expense; <br />3. civil fines and penalties assessed against a Client that the Named Insured is legally liable, but <br />only where insurance coverage for such fines and penalties is allowable by law; <br />4. civil fines and penalties assessed against you, but only where insurance coverage for such fines <br />and penalties is allowable by law; <br />S. punitive, exemplary or multiplied damages that you are legally liable, but only where insurance <br />coverage for such damages is allowable by law; <br />6. Legal Expense associated with Subsections BBA. through BB.5 above; <br />7. Restoration Costs; and <br />a. the value of any reasonable and necessary services rendered, pursuant to any resolution that we <br />have approved in advance in writing, by you to mitigate a Pollution Condition resulting from <br />Contracting Services. <br />Pollution Loss does not include: <br />a. injunctive or equitable relief; <br />b. the return of fees or charges for services rendered; or <br />C. your profit, overhead or mark-up. <br />CC. Pollution Protective Claim means a written demand made or lawsuit commenced by you against a <br />Subcontractor alleging liability or responsibility on the part of the Subcontractor for Pollution Protective <br />Loss based upon or arising out of the Subcontractor's rendering or failure to render Subcontractor <br />Services. <br />DD. Pollution Protective Loss means the amount you are legally entitled to recover from a Subcontractor, as <br />determined by: <br />1. a final monetary judgment by a court of competent jurisdiction; <br />2, a final monetary award resulting from an arbitration or other dispute resolution proceeding, that you <br />participate with our prior written consent; or <br />EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved, Page 10 of 28 <br />May not be copied without permission. 6�4 <br />