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PECO068954 <br /> PECO068954 <br /> EEC Environmental <br /> dba:Environmental Engineering&Contracting, Inc. <br /> L. Severability <br /> Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties <br /> specifically assigned in this Policy to the First Named Insured, this insurance applies: <br /> 1. as if each Named Insured were the only Named Insured; and <br /> 2. separately to each Insured against whom a Claim is made. <br /> Any misrepresentation, act or omission that is in violation of a duty,term or condition under this Policy by one <br /> Insured shall not by itself affect coverage for another Insured under this Policy. However, this exception <br /> shall not apply to the Insured who is a parent, subsidiary or affiliate of the Insured which committed the <br /> misrepresentation, act or omission referenced above. <br /> M. Sole Agent <br /> The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt <br /> and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of <br /> cancellation or non-renewal and the exercise of the rights provided in SECTION VI—OPTIONAL EXTENDED <br /> REPORTING PERIOD. <br /> N. Subrogation and Recoupment <br /> In the event of any payment under this Policy, we shall have the right to seek recoupment against you in the <br /> event we determine no coverage exists and/or be subrogated to all of your rights of recovery against any <br /> person or entity and you will execute and deliver instruments and papers and do whatever else is necessary <br /> to secure such rights. <br /> Any recovery as a result of subrogation proceedings under this Policy shall accrue first to you to the extent <br /> of your payments in excess of the Limits of Liability of this Policy; then to us to the extent of our payment <br /> under this Policy; and then to you to the extent of your payment of the Self-insured Retention Amount. <br /> Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the <br /> recovery in the proportion that each interested party's share in the recovery bears to the total recovery <br /> amount. <br /> We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the <br /> cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. <br /> However, we waive our right of recovery against any person or entity, except for a Design Professional or <br /> Subcontractor, including Subcontractors and subconsultants, as referenced in SECTION 1 — INSURING <br /> AGREEMENTS, A.3. Protective Loss Coverage and B.4. Pollution Protective Loss Coverage, if and to the <br /> extent you agreed to waive your right of recovery against such person or entity in a written agreement signed <br /> by the Named Insured prior to: <br /> 1. the negligent act, error or omission in Professional Services out of which the Claim or request for <br /> Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional <br /> Coverages; or <br /> 2. the first commencement of a Pollution Condition out of which the Claim or request for Emergency <br /> Remediation Expense or Pollution Loss arises under SECTION I - INSURING AGREEMENTS, B. <br /> Pollution Coverages. <br /> O. Territory <br /> This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that <br /> the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, <br /> within the United States, its territories and possessions, or in Canada. <br /> EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 28 of 29 <br /> May not be copied without permission. <br /> 05745245 1 25-26 A/G/U/W/Po11/E60 I Marissa Roma 1 6/12/2025 5:47:17 AM (POT) I Page 22 of 22 <br />