PALP, INC. DBA EXCEL PAVING CO. (2)

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CONTAMINANT CONDITION as applicable.No coverage will be provided under this Policy for an ADDITIONAL INSURED's own negligence or strict liability. C. ADDITIONAL NAMED INSURED means any person or entity identified as such in an endorsement attached to this Policy. D. APPLICABLE LAWS means: 1. any federal,state,commonwealth, local or provincial laws,including but not limited to statutes,rules, ordinances,guidance documents,regulations and all amendments thereto, including risk based corrective action guidance,governing the liability or responsibilities of the INSURED;or 2. in the absence of any of the items in D.I.above,the recommendations of an ENVIRONMENTAL PROFESSIONAL, E. AUTOMOBILE means a land motor vehicle,trailer,semi-trailer, mobile equipment,or off-road motor vehicle, including any machinery or apparatus attached thereto. F. BANKRUPTCY LITIGATION EXPENSE means reasonable and necessary fees and expenses incurred by bankruptcy counsel retained by the INSURED,as applicable, in the making of a DESIGN CLAIM or POLLUTION PROTECTIVE CLAIM that otherwise qualifies for coverage under this Policy but for the fact the applicable DESIGN ENTITY or SUBCONTRACTOR has filed for or been put into bankruptcy under the United States Bankruptcy Code, provided that the applicable DESIGN CLAIM or POLLUTION PROTECTIVE CLAIM,at least in part,results In an allowed claim or a judgment against that DESIGN ENTITY or SUBCONTRACTOR in the INSURED's favor,which is final and no longer subject to appeal. G. BODILY INJURY means: 1. physical injury,disease,sickness,or building-related illness sustained by any person,including death resulting therefrom,and any medical or environmental monitoring costs that are intended to confirm any such physical injury,disease,sickness or illness; 2, court-ordered medical monitoring;or 3. mental anguish,emotional distress,or shock. H. BUILDING INFORMATION MODELING EXPENSE means reasonable and necessary additional expense payable to a third party software consulting company unaffiliated with the INSURED that is not otherwise recoverable by the INSURED,provided such expense arises in response to a CLAIM covered under this Policy and from the loss of or damage to information due to the inherent malfunction of software used in connection with any Building Information Modeling system purchased from a third party vendor that was not modified by the INSURED or on the INSURED's behalf,including but not limited to erroneous calculations or modeling,provided that the malfunction is first discovered after the system has been put to its intended use in the course of actual construction at the JOB SITE,and in any event first discovered during the POLICY PERIOD. I. BUSINESS INTERRUPTION LOSS means: 1. the net profit or loss, before taxes,that the INSURED would have earned or incurred during the INTERRUPTION but for the INTERRUPTION, considering the financial performance of the business before the INTERRUPTION and the financial performance that most likely would have been realized thereafter had no INTERRUPTION occurred; 27 ©2022 SiriusPointSpecialty Insurance Corporation. All Rights Reserved, May not be copied without permission.