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PECO068954 EEC Environmental dba:Environmental Engineering&Contracting, Inc. with a Client. I. Emergency Remediation Expense means Remediation Expense incurred by you on an emergency basis that we determine was reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. J. Environmental Damage means physical damage into or upon land or structures thereupon, the atmosphere or any watercourse or body of water, including groundwater, caused by a Pollution Condition and resulting in Remediation Expense. Environmental Damage does not include Property Damage. K. First Named Insured means the person or entity stated in Item (1)of the Declarations. L. Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEED®), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: 1. being environmentally preferable or sustainable; or 2. providing enhanced energy efficiency. M. Insured means each of the following: 1. the First Named Insured; 2, the Named Insured; 3. the Named Insured's current and former directors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such; 4. the Named Insured's current and former employees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 5. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; 6. any Predecessor in Interest; 7. any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided that: a. coverage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or after the date of formation or acquisition,subject to the Retroactive Date; and b, this coverage shall expire at the end of the Policy Period or within ninety (90)days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 8. the Named Insured to the extent of its participation in a legal entity including a limited liability company orjoint venture, but only to the extent of the Named Insured's legal liability for its rendering EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 7 of 29 May not be copied without permission. 85745245 1 25-26 A/G/V/W/Po11/X&O I Marissa Romo 1 6/L2/2025 9:47:17 AM {PDT) I Page 19 of 22