Principales Estados Financieros

This Section is only operative when Section 2A Public Liability is covered

A. Definitions – Contaminated Land Expense

For the purposes of this Section

1. Appropriate Person means any person who is an appropriate person determined in accordance with section 78F Part IIA of the Environmental Protection Act 1990 to bear responsibility for any thing which is to be done by way of remediation in any particular case

For the avoidance of doubt this definition includes any future amendments to that term which may apply from time to time

2. Contaminated landmeans "contaminated land" as that term is defined under Part IIA of the Environmental Protection Act 1990

For the avoidance of doubt this definition includes any future amendments to that term which may apply from time to time

3. Certified Partymeans any governmental or statutory body or agency or court vested with authority regarding environmental matters

4. Insured means the party or parties so defined in the Policy Schedule

5. Insured Property means any land property or buildings owned or leased by the Insured where any director officer partner or Employee of the Insured carries out activities within the United Kingdom

6. Remediation means undertaking of works or taking of any steps on behalf of the Insured to investigate monitor assess minimise clean-up remedy or mitigate contain or prevent the effects of any significant harm or pollution of controlled waters by reason of the Insured Property being identified as Contaminated Land

7. Loss means expense incurred by the Insured in performingRemediation required by a remediation notice or order served on the Insured by a Certified Party under Part IIA Environmental Protection Act 1990

B. Insuring Agreement - Contaminated Land Expense

The Insurer will in respect of an Occurrence subject to the Exceptions the terms of this Section and the General Terms of this Policy indemnify the Insured against all Loss during the Period of Insurance as a result of a Certified Party giving notification or otherwise indicating in correspondence that the Insured Property or any part of it has been identified as Contaminated Land

C. Deductible – Contaminated Land Expense

The Deductible for the purposes of this Section shall per Loss as detailed in the Policy Limit of Indemnity Schedule

D. Limits of Indemnity

Regardless of the number of claims claimantsthreats of identification or actual identifications of Contaminated Land or Insured's under this Section the Insurer's total aggregated liability for all Loss under by this Section shall be limited to the amount as detailed in the Policy Limit of Indemnity Schedule.

E. Exceptions – Contaminated Land Expense

This Section does not apply to Loss:

1. arising from pollution prior to the Period of Insurance if the Insured knew or reasonably could have expected that such pollution could give rise to a Loss under this Section

2. arising from the presence of lead based paint asbestos or any asbestos containing materials installed in or on any building or other structure

3. arising from any environmental investigation associated with an application to obtain or surrender/vary a permit to operate an installation pursuant to Council Directive (96/61/EC) concerning integrated pollution prevention and control and any legislation transposing the Directive into domestic law or any other permit consent or assessment required under any other environmental law

4. arising from a change in material use or ownership of the Insured Property

5. arising from redevelopment or proposed redevelopment or arising as part of any planning requirement

6. for which the Insured is an insured under another Pollution Legal Liability Insurance Policy or a Contractors Pollution Liability Insurance Policy issued by the Insurer or affiliate of the Insurer applying to or intended to apply to Loss covered under this Section

7. arising from use ownership or maintenance of an underground storage tank. For the purposes of this Exception an underground storage tank is any tank including associated underground piping connected to the tank which has at least 10% of its volume under ground

F. Claims Conditions – Contaminated Land Expense

As a condition precedent to this liability of the Insurer to indemnify the Insured in respect of a Loss

1. the Insured shall give written notice of any notification or correspondence from a Certified Party indicating that the Insured Property or any part of it has been identified as Contaminated Land as soon as reasonably practicable but in any event during the Period of Insurance. Notice shall include information sufficient to identify the Insured and the Insured Property and a copy of the notification or correspondence.

2. the Insured shall provide to the Insurer as documentation of expenses incurred:

(a) copies of documentation correspondence notices orders received by the Insured and/or its professional advisers confirming that the Insured Property or any part of it has been identified by the Certified Party as Contaminated Land including

 any responses to any consultation carried out by the relevant Certified Party  correspondence confirming the identity of Appropriate Persons responsible for the

Remediation of Contaminated Land

 all necessary reports investigations and surveys describing the Remediation of the Insured Property

(b) copies of all invoices for services preformed by legal and/or technical experts on behalf of the Insured to undertake the Remediation of the Insured Property