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<br /> consent, to repair, replace, or restore real or personal property to substantially the same condition it was
<br /> prior to being damaged during work performed in the course of incurring Cleanup Costs. Restoration
<br /> Costs do not include costs associated with improvements or betterments.
<br /> OO.Retroactive Date(s)means the date(s)set forth in Item 6.of the Declarations.
<br /> PP. Third Party Loss means the total of all Damages and Pollution Loss you are legally obligated to pay,
<br /> and all related Claim Expense.
<br /> V. EXCLUSIONS
<br /> We will not be liable to make payments or indemnify you for any First Party Claim, Claim or Loss directly or
<br /> indirectly for or arising out of:
<br /> A. any amounts incurred in connection with the making or prosecution of a Protective Claim. This Exclusion
<br /> applies at all times, including where we are providing Proactive Resolution of Substantiated Protective
<br /> Claim under Section III.D. of this Policy, excepting only the Supplemental Coverage for Protective Claim
<br /> Bankruptcy Litigation Expense Reimbursement.
<br /> B. the amount of any default judgment, arbitration award or adjudicator's decision in circumstances where the
<br /> Responsible Entity has failed to plead or provide a defense, response or answer, or take any other
<br /> procedural step, except that this Exclusion shall not apply to the amount of Protective Loss which you
<br /> would have been entitled to recover from the Responsible Entity, respectively, had such defense,
<br /> response or answer been pleaded or provided, or procedural step been taken.
<br /> In such instance where the Responsible Entity has failed to plead or provide a defense, response or
<br /> answer, or take any other procedural step, the burden of proving the extent of Protective Loss which you
<br /> would have been entitled to recover from the Responsible Entity, respectively,will be upon you.
<br /> C. any design or manufacture of any goods or products which are sold or supplied by you or by anyone under
<br /> license to you, including any parts, components, assemblies or equipment installed or incorporated by or
<br /> on behalf of you into your work. This Exclusion does not apply to (1) software sold or supplied by you in
<br /> connection with your provision of other Professional Services, or (2) goods or products installed or
<br /> incorporated in your work which have been specially designed, but not manufactured, by you or on your
<br /> behalf by a qualified Responsible Entity for use in a specific project, or(3)goods or products installed or
<br /> incorporated in your work that cause a Pollution Loss arising out of a Pollution Condition resulting from
<br /> the performance of Contractor Activities, or(4)Information Technology Products.
<br /> D. the cost to repair or replace faulty workmanship in any construction, erection, fabrication, installation,
<br /> assembly, or manufacturing process, including materials, parts, or equipment furnished in connection
<br /> therewith, unless the faulty workmanship is caused by otherwise covered Professional Services as
<br /> respects the applicability of:
<br /> 1. Coverages A or B; or
<br /> 2. Mitigation Cost to mitigate or rectify Professional Services under Coverage F, except for any fees
<br /> and direct costs relating to or resulting from the failure to prevent or detect faulty workmanship.
<br /> This Exclusion does not apply to Coverages C, D, E, Mitigation Cost to mitigate or rectify a Pollution
<br /> Condition resulting from the performance of Contractor Activities under Coverage F, or Supplemental
<br /> Coverage H. Emergency Expense.
<br /> E. any actual or alleged harassment, humiliation, discrimination, or similar misconduct on any basis, whether
<br /> as to a legally protected group or otherwise.
<br /> F. any employment obligations, decisions, conduct, practices or policies as an employer, including but not
<br /> limited to any obligation for which any party shall be liable under any worker's compensation,
<br /> unemployment compensation, employer's liability, obligation to pay fair wages or benefits, or disability
<br /> benefits law or under any similar law.
<br /> G. liability under contract, agreement, warranty or guarantee, except such liability th, *
<br /> the absence of such contract, agreement, warranty or guarantee. This E; - 1ZeknagenattDivi9tort
<br /> contractual obligation to make payments to others, including subcontractors, , "�"`
<br /> REVIEWED&APPRCNED BY:
<br /> employees, or for materials. Solely for purposes of Coverage C,this Exclusion sl vi ,��
<br /> A Actado
<br /> i=1521M13,
<br /> Risk Management Specialist
<br /> Policy Form: PERFORM-10002(11-20) / ~
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