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C. The Non -Owned Disposal Site is not owned, operated, leased, or maintained by the Named Insured or any related entity; and The Non -Owned Disposal Site is a treatment, storage or disposal facility that: Is currently permitted and/or licensed by the applicable federal, state, provincial, or municipal authorities; and Is permitted at the time the material or waste is transferred to the Non -Owned Disposal Site for treatment, storage or disposal; and the Non -Owned Disposal Site is not listed on a proposed or final federal National Priorities List or Superfund database, or any state, provincial and/or municipal equivalent of the National Priorities List or Superfund database, at or prior to the time the material or waste is transferred to the Non -Owned Disposal Site for treatment, storage or disposal. We shall have the right and duty to defend the insured against any claim or suit seeking those damages. However, we shall have no duty to defend the insured against any claim or suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may, at our discretion, investigate any loss and settle any claim(s) or suit(s) that may result. But the amount we will pay for damages is limited as described in C. LIMITS OF INSURANCE below; and our right and duty to defend ends when the applicable limit of insurance has been exhausted in the payment of judgments, settlements or supplementary payments under all attached Coverage Parts and all Supplementary Payments which reduce the Limit of Insurance. In the event a loss continues to take place during multiple policy periods for policies issued by us, all bodily injury and property damage arising out of such loss will be deemed to take place during the earliest period during which the loss commenced. B. For the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, COVERAGES, Exclusions, Non -Owned Disposal Sites is deleted in its entirety and replaced by the following: Bodily injury or property damage arising out of pollution conditions on, at, under or migrated from a Non - Owned Disposal Site. This exclusion does not apply to Non -Owned Disposal Site(s) described above in COVERAGES, NON -OWNED DISPOSAL SITE LIABILITY, Insuring Agreement. C. For the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, LIMITS OF INSURANCE is amended to include the following: The Each Claim Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of all damages because of a loss arising out of any one claim(s) or suit(s) under this endorsement. The most we will pay with respect to any pollution condition that continues during the policy periods of more than one Non -Owned Disposal Site Liability Coverage Part is the Each Claim Limit shown in the SCHEDULE set forth above applicable to the first policy period during which the pollution condition commenced. The Contractors Pollution Liability Limit shown in the Declarations is amended to include damages and Supplementary Payments under the Non - Owned Disposal Site Liability Coverage Part. The Non -Owned Disposal Site Aggregate Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of damages under all Coverage Parts and Supplementary Payments afforded by this endorsement. The General Aggregate Limit shown in the Declarations is amended to include damages and Supplementary Payments under the Non -Owned Disposal Site Liability Coverage Part. The deductible amount stated in the SCHEDULE set forth above is applicable to each claim and applies once to each claim and applies to defense expenses, investigation, settlement, compromise, or indemnification. o "�s Risk ManagementDiAsian % REVIEWEDA& APPROVED BY: ENV-1230 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permissior ' Tr3 f, Tr ,w44 Risk Management Specialist