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5 B-300176-B (Ed. 01/08) with work performed for a municipality under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: a. Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. 12. Office Premises Limited Pollution Coverage This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form. These modifications apply only to the coverage provided by this section of the endorsement. A. The following paragraph 3. is added to SECTION A. COVERAGES: 3. Office Premises Limited Pollution Coverage a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" which directly results from a covered "pollution incident" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "pollution incident" and settle any claim or "suit" that may result. But: (a) The amount we will pay for damages is limited as described in SECTION D. LIMITS OF INSURANCE as amended by this endorsement; and (b) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. (c) We have no duty to defend "suits" seeking damages not covered by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph 1.e. Coverage Extension - Supplementary Payments of SECTION A. as amended by this section of the endorsement. (2) We will also reimburse you for "preventive remedial expense" that directly results from a covered "pollution incident" to which this insurance applies. We will reimburse you up to $25,000 per annual policy period for all "preventive remedial expense" directly resulting from all covered "pollution incidents," subject to a deductible of $5,000 per covered "pollution incident." This annual limit is in addition to the per incident deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION D. LIMITS OF INSURANCE as amended by this endorsement. This "preventive remedial expense" coverage does not apply to expenses that are covered by any other insurance available to the insured. (3) This insurance applies to "bodily injury," "property damage" or "preventive remedial expense" at, on or from "your office premises" only if: (a) The "bodily injury" directly results from a "pollution incident" that happens entirely above-ground at or from "your office premises"; or (b) The "property damage" occurs off of "your office premises" and directly results from a "pollution SB-300176-8 Includes copyrighted material of the Insurance Services Of£ce, Inc., with its permission. Page 6 of 11 (Ed. 01/08) Copyright, Insurance Services Office, Inc.