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3. a settlement that we agree to in advance, in writing. <br />EE. Predecessor in Interest means any entity whose assets have been acquired by the Named Insured or <br />whose partners, principals or shareholders have joined the Named Insured and whose name has been <br />stated in the Application, submitted for this Policy and executed by the Named Insured, and for whose <br />insurance the Named Insured is responsible by written agreement. <br />FF. Professional Loss means: <br />1. a monetary judgment, award or settlement of compensatory damages; <br />2. civil fines and penalties assessed against a third -party other than you that you are legally liable, but <br />only where insurance coverage for such Fines and penalties is allowable by law; <br />3. civil fines and penalties assessed against you, but only where insurance coverage for such fines <br />and penalties is allowable by law; <br />4. punitive, exemplary or multiplied damages that you are legally liable, but only where insurance <br />coverage for such damages is allowable by law; <br />So- liquidated damages, but only to the extent you would be legally liable in the absence of a <br />contractual agreement; <br />G. Legal Expense associated with Subsections FF,1. through FF.5. above; and <br />T, the value of any services rendered by you or on your behalf, pursuant to any resolution approved <br />by us in writing, prior to the services being rendered, to correct a negligent act, error or omisslon in <br />the performance of Professional Services. <br />Professional Loss does not include: <br />a. Injunctive or equitable relief; <br />b. the return of fees or charges for services rendered; or <br />G. your overhead, mark-up or profit. <br />GG. Professional Services means those activities listed in Item (5) of the Declarations that are rendered by or <br />on behalf of the Named Insured. <br />HH. Property Damage means each of the following caused by a Pollution Condition: <br />1. physical injury to or destruction of tangible property, including the resulting loss of use thereof; <br />2. loss of use of tangible property that has not been physically injured or destroyed; <br />3. diminished third -party property value; or <br />4. Natural Resource Damage. <br />Property Damage does not include Environmental Damage. <br />it. Protective Claim means a written demand made or lawsuit commenced by you against a Design <br />Professional alleging liability or responsibility on the part of the Design Professional for Protective Loss <br />based upon or arising out of the Design Professional's rendering or failure to render Design <br />Professional Services. <br />EVPCPocCP 0618 m 2018 X.L. America, Inc. All Rights Reserved. Page 11 of 28 <br />May not be copied without permission. Iki <br />