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

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S. SUBROGATION-In the event of payment under this Policy,the Company will be subrogatod to all of the INSURED's rights of recovery.The INSURED must do whatever 1s necessary to secure such rights and must not do anything intentional to prejudice such rights.The Company has priority in any recovery.Any monies recovered as a result of subrogation proceedings accrue first to the Company in excess of the Company's total payment and the casts to the Company of recovery,then to the INSURED, Notwithstanding the foregoing,the Company hereby expressly waives such rights of subrogation against an entity where such rights have been waived, in writing,by the INSURED prior to the applicable CLAIM, POLLUTION CONDITION,INDOOR CONTAMINANT CONDITION,or PROFESSIONAL LOSS. T. TERRITORY-This Policy will only apply to a POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION located,CONTRACTING SERVICES or PROFESSIONAL SERVICES rendered,a CLAIM, POLLUTION PROTECTIVE CLAIM,or DESIGN CLAIM made and at all times solely maintained,and ADA AND FHA EXPENSE,BANKRUPTCY LITIGATION EXPENSE, BUILDING INFORMATION MODELING EXPENSE,DISASTER MANAGEMENT COSTS or SUBPOENA EXPENSE for services performed,within the United States, its territories or possessions, Puerto Rico,or Canada. SECTION VII. DEFINITIONS A. ADA AND FHA EXPENSE means reasonable and necessary fees and expenses incurred by counsel,chosen and retained by the Company,to assist the INSURED with their response to a regulatory or administrative action first brought against the INSURED during the POLICY PERIOD by a government agency under the Americans with Disabilities Act of 1990,42 U.S.C.§ 12101 et. seq.or the Fair Housing Act,42 U.S.C.§ 3601 et.seq.,and alleging an act,error,or omission with respect to the rendering of or failure to render PROFESSIONAL SERVICES on or after the Retroactive Date stated in Item 9.of the Declarations and before the end of the POLICY PERIOD. B. ADDITIONAL INSURED means: 1, any person or entity identified as an ADDITIONAL INSURED in an endorsement attached to this Policy;and 2. solely with regard to Coverage A, I and J,when required by a written contract that is signed by the FIRST NAMED INSURED or an ADDITIONAL NAMED INSURED prior to the date the applicable POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION First commences,ADDITIONAL INSURED also includes: a. the client person or entity for whom the INSURED performs CONTRACTING SERVICES pursuant to such written contract;and b, any other person or entity,unrelated to the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED pursuant to such written contract; The scope and limits of coverage for such person or entity under this Policy will not exceed what is required by the written contract. Coverage is provided solely for the person's or entity's liability arising out of the FIRST NAMED INSURED's or any ADDITIONAL NAMED INSURED's ownership,maintenance,use,or operation of a COVERED LOCATION, vicarious liability for CONTRACTING SERVICES,or a POLLUTION CONDITION or INDOOR CONTAMINANT CONDITION as applicable.Coverage will only be afforded for such person or entity if that person or entity is named in a lawsuit,petition or regulatory action as a co-defendant with the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED alleging that it is liable as a result of either the FIRST NAMED INSURED's or any ADDITIONAL NAMED INSURED's ownership, maintenance,use,or operation of a COVERED LOCATION,such person's or entity's vicarious liability for CONTRACTING SERVICES,or a POLLUTION CONDITION or INDOOR 26 O 2022 SiriusPolnt specialty Insurance Corporation. All Rights Reserved, May not he copied without permission.