Interwest Construction Inc. 7/24/2017

3. With regard to Coverage B—Contractor's Pollution Legal Liability, as set forth in Section I. Insuring_ Agreements, this insurance is primary except when Section VIII.K.4. and Section VIII.K.5. apply. 4. With regard to RESTORATION COSTS, this insurance is excess over any other valid and collectible insurance, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise. 5. This insurance is excess over any other valid and collectible insurance available to the INSURED under a project specific insurance policy, contractor controlled insurance program, owner controlled insurance program, consolidated (wrap-up) insurance program or any other similar insurance or program, whether such other insurance or program is stated to be primary, contributory, excess, contingent or otherwise. 6. Where other valid and collectible insurance is available to the INSURED and is also primary, the Company's obligation to the INSURED is as follows: a. If other primary insurance permits contribution by equal shares, the Company will also follow this method. Under this method, each Insurer contributes equal amounts until it has paid the applicable limit of insurance or none of the loss remains, whichever comes first; or b. If any other insurance does not permit contribution by equal shares, the Company will contribute pro-rata by limits. Under this method, each Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all primary Insurers. L. Severability-- Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the NAMED INSURED listed in Item (1) of the Declarations, this insurance applies: (i) as if each NAMED INSURED were the only NAMED INSURED; and (ii) separately to each INSURED against whom a CLAIM is made. M. Sole Agent--The NAMED INSURED listed in Item (1) of the Declarations will act on behalf of all INSURED(s)for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal and the exercise of the rights provided in Section V. Extended Reporting Period, B. Optional Extended Reporting Period. N. Subrogation -- In the event of any payment under this Policy, the Company will be subrogated to all of the INSURED's rights of recovery against any person or organization and the INSURED will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED will do nothing at any time to prejudice the Company's subrogation rights. However, the Company waives its right(s) of recovery against any person or organization if and to the extent the NAMED INSURED has agreed to waive its right(s) of recovery against such person or organization in a written contract signed by the NAMED INSURED prior to: (i)the act, error or omission in PROFESSIONAL SERVICES out of which the CLAIM or request for MITIGATION EXPENSE arises under Section I. Insuring Agreements, A. Coverage A- Professional Liability; or(ii)the first commencement of a POLLUTION CONDITION out of which the CLAIM or request for EMERGENCY REMEDIATION EXPENSE arises under Section I. Insuring Agreements, B. Coverage B—Contractor's Pollution Legal Liability. PCPocCP 0713 ©2013 X.L. America, Inc. All Rights Reserved. Page 23 of 23 May not be copied without permission. RECZ 06/09/2014 10 of 14 INTECONS(TSE00)