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9. “Nuclear waste” means any waste material (a) containing “by-product material” and (b) <br />resulting from the operation by any person or organization of a “nuclear facility” included <br />within the definition of “nuclear facility”. <br />10. “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including <br />smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to <br />be recycled, reconditioned or reclaimed. <br />11. “Pollution cost or expense” means any loss, cost or expense arising out of any: <br />a. Request, demand, order or statutory or regulatory requirement that any insured or others <br />test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way <br />respond to, or assess the effects of “pollutants”; or <br />b. Claim or “suit” by or on behalf of a governmental authority for damages because of <br />testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or <br />neutralizing, or in any way responding to, or assessing the effects of, “pollutants”. <br />12. “Source material”, “special nuclear material” and “by-product material” have the meanings <br />given them in the Atomic Energy Act of 1954 or any law amendatory thereof. <br />13. “Spent fuel” means any fuel element or fuel component, solid or liquid, which has been used <br />or exposed to radiation in a nuclear reactor; <br />14. "Suit" as defined in the “first underlying insurance” applies to this insurance. If the term “suit” <br />is not defined in the “first underlying insurance”: <br />a.“Suit” means a civil proceeding in which damages to which this insurance applies are <br />alleged; and <br />b.“Suit” includes (1) an arbitration proceeding in which such damages are claimed and to <br />which any insured must submit or does submit with our consent; and (2) any other <br />alternative dispute resolution proceeding in which such damages are claimed and to <br />which any insured submits with our consent. <br />15."Underlying insurance" means the "first underlying insurance", any self-insured retention and <br />any policies of insurance listed in the Declarations under the schedule of "underlying <br />insurance". “Underlying insurance” will include any renewal or replacement of such policies <br />and any “other insurance” available to you. <br />16."Underlying limits of insurance" means the total sum of the limits of all applicable "underlying <br />insurance" listed under this policy's Declarations. <br />17. "Underlying insurer" means any insurer who provides any policy of insurance listed in the <br />schedule of "underlying insurance". <br />18."Ultimate net loss" means the total sum, after reduction for recoveries, salvages collectible <br />and “other insurance”, that the insured becomes legally obligated to pay as damages under <br />this policy by reason of settlements, judgments, arbitration or other alternate dispute method <br />entered into with our consent or the "underlying insurer's" consent. <br />EUM 00 522 02 07© Everest Reinsurance Company, 2006Page 8 of 8 <br />Includes copyrighted material of ISO Properties, Inc., used with its <br />permission <br />INSURED COPY <br /> <br />