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14. Radioactive I Nuclear Material <br />a. material or waste that if disposed must be placed in a geologic repository as defined in 10 <br />CFR 60 or 10 CFR 63 or any other existing or planned disposal facility for waste that would <br />not otherwise qualify as Low -Level Radioactive Waste and Material; <br />b, radioactive waste or material for which, you have coverage under any nuclear insurance <br />policy or have received indemnity from any United States or international government <br />authority or statute, including but not limited to the United States Price Anderson Act <br />(Public Law 100408) or the United States National Defense Contracts Act (Public Law 85- <br />804); <br />C. tailings, milling wastes, or products produced by the extraction of uranium or thorium from <br />any ore processed for its source material; <br />d. any nuclear weapon, engineered assembly, or component thereof designed to cause the <br />release of radiological material or any hazardous substance onto a chosen target or to <br />generate a nuclear detonation; and <br />e. the existence, required removal or abatement of naturally occurring radioactive materials or <br />technologically enhanced naturally occurring radioactive materials, including but not limited <br />to radon, <br />including, but not limited to the actual, alleged or threatened exposure of any person(s) or property <br />to any such matter. <br />15. Related Entities and Individuals <br />a Claim by an entity or individual: <br />a. that wholly or partially owns, operates or manages you; <br />b. that you have a direct or indirect ownership Interest of twenty-five percent (25%) or more; <br />C. that is controlled, operated or managed by you; or <br />d. that is an affiliate of you. <br />16. Workers' Compensation and Similar Laws <br />your obligation under a workers' compensation, unemployment compensation, disability benefits <br />law or any similar law. <br />B. The following exclusions apply only to SECTION l - INSURING AGREEMENTS, A.3. Protective Loss <br />Coverage and BA. Pollution Protective Loss Coverage: <br />We shall not be liable to make any payment or indemnify you for any Protective Loss or Pollution <br />Protective Loss directly or indirectly for or based upon or arising out of: <br />1. Default Judgment <br />a default judgment, monetary award or any liability imposed where the Design Professional or <br />Subcontractor failed to appear, respond, answer, defend or otherwise plead in connection with the <br />Protective Claim or Pollution Protective Claim. <br />This exclusion does not apply if you establish that you would have recovered, from the Design <br />Professional or Subcontractor In the absence of a default judgment, a monetary award or had <br />any liability imposed where the Design Professional or Subcontractor failed to appear, respond, <br />answer, defend or otherwise plead in connection with the Protective Claim or Pollution <br />Protective Claim. <br />EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 16 of 28 <br />May not be copied without permission. <br />