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ENV-3240 (10-21)Page 2 of 2 <br />(334261.2) <br />has issued occurrence-based Contractors Pollution Liability coverage to the insured over successive policy <br />periods, and, if the date of such first exposure cannot be conclusively determined, but the indivisible, <br />progressive bodily injury or property damage continues to exist during the Insurer's successive <br />periods of coverage, the bodily injury or property damage shall be deemed to have occurred only on <br />the effective date of the first, relevant contractors pollution coverage issued by the Insurer. <br />The General Aggregate Limit shown in the Declarations will be the most we will pay pursuant under all <br />Coverage Parts of this policy, including payments for damages,emergency response expense and <br />Supplementary Payments afforded by the Contractor’s Pollution Liability Coverage Part. <br />The Limits of Insurance apply to the policy period shown in the Declarations or as amended by <br />endorsement. <br />The deductible amount stated on the Declarations is applicable to each pollution condition or <br />emergency response expense. The deductible amount applies once to each pollution condition or <br />emergency response expense and applies to defense expenses, investigation, settlement, <br />compromise, or indemnification. <br />We, at our sole election and option, may either: <br />1.Pay any part of the deductible amount to effect settlement or expense of any claim, and upon <br />notification of the action taken, you shall promptly reimburse us for such part of the deductible <br />amount that has been paid by us; or <br />2.Simultaneously upon receipt of notice of any claim or at any time thereafter, call upon you to pay or <br />deposit with us all or any part of the deductible amount, to be held and applied by us at our sole <br />discretion. <br />If a claim has not entered into litigation, and we and the Named Insured mutually agree to <br />mediation as a means to settle a claim made against the insured, and if such claim is settled as a direct <br />result of and during the mediation, the deductible stated in the Declarations or applicable <br />endorsement(s) shall be waived up to a maximum of $25,000. When this occurs, we will reimburse the <br />Named Insured as soon as practical for any qualifying deductible amount which was already paid by the <br />Named Insured prior to the mediation. <br />All other terms and conditions remain the same.