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This exclusion does not apply to any insured that did not allegedly commit or allegedly participate
<br />in committing any of the forgoing described above.
<br />10. Known Circumstances or Conditions
<br />a. a Claim, negligent act, error or omission in Professional Services, Professional Loss,
<br />Rectification Expense, Protective Claim, Protective Loss, Pollution Condition,
<br />Pollution Loss, Emergency Remediation Expense, Pollution Protective Claim or
<br />Pollution Protective Loss known by a Responsible Insured prior to the inception of the
<br />Policy Period; or
<br />b. a circumstance or condition known by a Responsible Insured prior to the inception of the
<br />Policy Period where the Responsible Insured should have reasonably foreseen that a
<br />Claim, negligent act, error or omission In Professional Services, Professional Loss,
<br />Protective Claim, Protective Loss, Pollution Condition, Pollution Loss, Pollution
<br />Protective Claim, and Pollution Protective Loss could result, or Rectification Expense
<br />or Emergency Remediation Expense could be incurred.
<br />However, in the event that during the Policy Period you exacerbate a Pollution Condition caused
<br />by others, coverage is not excluded for that portion of the Pollution Loss, Emergency
<br />Remediation Expense or Pollution Protective Loss that would not exist but for your
<br />exacerbation of the Pollution Condition.
<br />11. Notices to Previous Insurers
<br />any Claim, negligent act, error or omission in Professional Services, Rectification Expense,
<br />Protective Claim, Pollution Condition, Emergency Remediation Expense, Pollution
<br />Protective Claim or other circumstance reported by you in part or in whole under any prior policy.
<br />12. Products
<br />any goods, materials or products designed, manufactured, sold, handled, distributed or supplied by
<br />you, a Design Professional, a Subcontractor or by others under license or trade name from you,
<br />a Design Professional or Subcontractor.
<br />This exclusion does not apply to:
<br />a. the design of a good or product that has been specifically designed or otherwise provided
<br />to accommodate the specifications of a particular project or multiple projects for a specific
<br />customer. This exception does not apply to any subsequently manufactured goods or
<br />products using the same design, without alteration, as any previously customized good or
<br />product;
<br />b. computer software or programs specifically developed for a third -party that is not available
<br />for general sale and distribution, and is provided in conjunction with Professional
<br />Services, Design Professional Services, Contracting Services or Subcontractor
<br />Services; or
<br />G. the fabrication, assembly or installation of goods, materials or products provided in
<br />connection with the performance of Contracting Services,
<br />13. Property
<br />a. real property owned, rented or leased by you, except for Your Location or real property
<br />owned or leased by, or in the care, custody or control of, the Client; or
<br />b. for the repair, replacement or restoration of any personal property you own or lease, except
<br />for personal property owned or leased by, or in the care, custody or controf of, the Client,
<br />EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 15 of 28
<br />May not be copied without permission.
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