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JJ. Protective Loss means the amount you are -legally entitled to recover from the Design Professional, 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 in with our prior written consent; or <br />3. a settlement that we agree to in advance, in writing. <br />KK. Rectification Expense means direct costs and expenses to correct actual damages or prevent potential <br />damages resulting from a negligent act, error or omission in your Professional Services. <br />Rectification Expense does not include any of your profit, overhead, mark-up; or any betterment to a <br />project that Rectification Expense applies. <br />ILL. Remediation Expense means expense resulting from Environmental Damage caused by a Pollution <br />Condition and incurred to investigate, assess, remove, dispose of, treat, abate, contain or neutralize a <br />Pollution Condition, including any associated monitoring and testing costs. <br />MM. Responsible Insured means any of your officers, directors, partners, members, managers, supervisors or <br />foreman, or any of your employees that have responsibility, in whole or in part, for risk control, risk <br />management, health and safety or environmental affairs, control or compliance, and any manager of Your <br />Location. <br />NN. Restoration Costs means reasonable and necessary costs incurred by you to restore, repair or replace <br />real or personal property to substantially the same condition it was in prior to being damaged during work <br />performed in the course of incurring Remedlatlon Expense. Restoration Costs Include the use of Green <br />Building Materials, but only as set forth in SECTION II - SUPPLEMENTAL COVERAGES, B. Green <br />Building Materials Expense Coverage, <br />However, these costs shall not exceed the Actual Cash Value of such real or personal property <br />immediately prior to incurring the Remediation Expense or include costs associated with improvements or <br />betterments, except for Green Building Materials. Actual Cash Value means the cost to replace such real <br />or personal property, immediately prior to incurring the Remediation Expense, minus the accumulated <br />depreciation of the real or personal property. <br />00. Retroactive Date means the date listed in Item (4) of the Declarations for each applicable coverage that is <br />specified and any Retroactive Date listed on an endorsement to this Policy. <br />PP. Subcontract means a written agreement, purchase order or any such legal instrument issued under your <br />written agreement for the performance of Contracting Services or Transportation. <br />QQ. Subcontractor means any person or entity that enters into a Subcontract that assumes some or all of <br />your obligation(s) to the Client <br />RR. Subcontractor Services means Contracting Services or Transportation that are rendered by or on <br />behalf of the Subcontractor. <br />SS. Subcontractor's Insurance means any liability insurance under which, the Subcontractor qualifies as an <br />insured. <br />TT. Transportation means the movement of waste or material by land motor vehicle, trailer, semi -trailer, <br />mobile equipment and watercraft, including the loading and unloading of such waste or material from the <br />point of origin until the waste or material has arrived at Its final destination, provided that: <br />1. the Pollution Condition occurs while in support of Contracting Services; <br />EVPCPocCP 0618 © 2018 X.L. America, Inc. Alt Rights Reserved. Page 12 of 28 <br />May not be copied without permission, (q <br />