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Policy ANE5329238.24 <br /> AM <br /> HISCOX PROM Architects, Engineers, and Construction Managers <br /> Professional Liability Coverage Part <br /> Pollutants means any solid, liquid, gaseous, biological, radiological, or thermal irritant or contaminant, <br /> including smoke,vapor, dust,asbestos,silica, nanoparticles,fibers, mold, spores,fungi, soot, <br /> fumes, acids, alkalis, chemicals, nuclear materials, bacteria,viruses, and waste.Waste includes, <br /> but is not limited to, materials to be recycled, reconditioned, or reclaimed. <br /> Pollution liability claim means a claim against you arising out of any actual, alleged, or threatened discharge, dispersal, <br /> release, or escape of pollutants directly resulting from your performance of professional <br /> services and includes the reasonable and necessary fees, costs, and expenses you incur with our <br /> prior consent to test for, monitor, clean up, remove, contain,treat,detoxify, or neutralize <br /> pollutants. <br /> Potential claim means any acts, errors, or omissions of an insured or other circumstances reasonably likely to <br /> lead to a claim covered under this policy. <br /> Professional services means only the following services performed for others for a fee: <br /> 1. those services requiring specialized knowledge, skill, training, experience, education, <br /> certification, or licensing rendered in the capacity of an architect, engineer, landscape <br /> architect, land surveyor or planner, construction manager, program manager, project manager, <br /> owner's representative, LEED accredited professional, interior designer, scientist, technical <br /> consultant, design consultant, environmental consultant, construction consultant, or forensic <br /> consultant; and <br /> 2. ordinary technology services rendered in the course of any of the services in part 1 above, <br /> including your use of a drone, and the design, development, programming, analysis,training, <br /> use, hosting, management, support, or maintenance of any software, database, internet <br /> service, or website. <br /> Professional services also includes the above services you perform pro bono with the prior <br /> knowledge and consent of the named insured. <br /> For purposes of this definition, "drone"means any unmanned aircraft system without a human pilot <br /> onboard that: (i)is controlled by an operator on the ground;and (ii)weighs 55 pounds or less. <br /> Property damage means physical damage to or destruction of any tangible property which directly results from your <br /> performance of professional services, and any resulting loss of use of that property. <br /> Retention means the applicable amount(s)stated as such under the Architects, Engineers, and Construction <br /> Managers Professional Liability Coverage Part section of the Declarations, including any amount <br /> that corresponds to a specific coverage enhancement or sublimit in this Coverage Part. <br /> Third party discrimination means any non-physical harassment of or unlawful discrimination against a person or entity other <br /> than an insured or an employee of an insured, including any resulting violation of civil rights, but <br /> only if such harassment or discrimination directly results from your performance of professional <br /> services. <br /> You, your, or insured means a named insured,subsidiary,joint venture, acquired entity, insured organization, <br /> employee, independent contractor, or additional insured, as defined in Section III.Who is an <br /> insured. <br /> VIII. Other provisions <br /> affecting <br /> coverage <br /> Waiver of subrogation A. With respect to any payment we make under this Coverage Part for any claim arising from <br /> your professional services performed for any client of yours,we agree to waive any right <br /> of recovery we may have against such client, provided you have agreed in a written contract <br /> or agreement prior to your performance of the professional services giving rise to the <br /> claim to waive your rights of recovery against such client. <br /> WCLANE P0001 CW(10/19) Page 10 of 10 <br />