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R. Subrogation and Transfer of Rights of Recovery
<br /> If we make any payment under this policy, we shall be subrogated to all "insured's" rights against any
<br /> person or entity, including the right to participate with an "insured" in the exercise of all "insured's"
<br /> rights of recovery. You shall execute and deliver instruments and papers to us and do whatever else is
<br /> necessary to secure such rights. With respect to a "protective indemnity claim", this includes a written
<br /> transfer to us of any assignment(s) of rights obtained if an "insured" has elected not to pursue same in
<br /> furtherance of its "protective indemnity claim".An "insured" shall do nothing to prejudice such rights as
<br /> described in this paragraph, including, but not limited to, providing full cooperation as stated in
<br /> Condition C.above.
<br /> We shall not exercise any such rights against any persons, firms or corporations included in the
<br /> definition of "insured" or against any other entities, except any "design professional", if prior to a
<br /> "professional liability claim" or "pollution claim", a waiver of subrogation is contractually agreed to in
<br /> writing by an "insured".
<br /> With respect to any recovery obtained through subrogation, reimbursement shall be made as follows:
<br /> 1. First, expenses incurred in obtaining such subrogation recovery shall be deducted from the recovery
<br /> amount and allocated to the party that incurred such expense;
<br /> 2. The remaining amount shall be allocated as follows:
<br /> a. First, to any interest who has paid any amount in excess of the limit of Insurance provided
<br /> under this policy;
<br /> b. Next,to us; and
<br /> c. Then to any interest as are entitled to claim the remainder, if any.
<br /> V Definitions
<br /> A. "Bodily Injury" shall mean physical injury, sickness or disease, sustained by any person, including death
<br /> resulting therefrom or mental anguish, emotional distress or shock, sustained by any person caused by a
<br /> "pollution event" arising out of your "covered operations", "completed operations" or"transportation",
<br /> "Bodily injury" shall extend to include medical monitoring, but only when such medical monitoring is a
<br /> direct result of a "pollution event".to which Coverage Part C:Contractor's Pollution Liability applies.
<br /> B. "Claim"shall mean:
<br /> 1. Any"professional liability claim";and
<br /> 2. Any"pollution claim";
<br /> C. "Clean-up costs" shall mean the reasonable and necessary costs and expenses, including legal expenses
<br /> and "restoration costs", that are incurred to investigate, monitor, clean up, remove, contain, treat,
<br /> detoxify or neutralize, or in any way respond to or assess the effects of a "pollution event", but only to
<br /> the extent:
<br /> 1. Required by"environmental law";or
<br /> 2. In the absence of any applicable "environmental law", recommended in writing by an
<br /> "environmental professional".
<br /> As used herein, "environmental law" means the federal, state, provincial, municipal or local laws that
<br /> are applicable to "pollutants" or a "pollution event", of the territory that has authority and jurisdiction
<br /> over the clean-up of a "pollution event", including, but not limited to,that particular territory's statutes,
<br /> rules, ordinances, guidance documents, and governmental, judicial or administrative orders and
<br /> directives.
<br /> Page 10 CL-CNPC-001-03/2023
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