# EXCESS OVERLAYER INDEMNITY

**(POLLUTION LIABILITY EXCLUSION)**

It is agreed that:

I. This policy does not apply:

A. to excess net loss arising out of the actual, alleged or threatened discharge, dispersal, release, escape or contamination by pollutants

1. at or from premises owned by, rented to, or occupied by the insured; or

2. at or from any site or location used by or for the insured or any other person or organization for whom the insured may be legally responsible for the handling, storage, disposal, processing or treatment of waste; or

3. which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for the insured or any other person or organization for whom the insured may be legally responsible; or

4. at or from any site or location on which the insured or any person or organization working directly or indirectly on behalf of the insured are performing operations,

a. if such pollutants are brought on or to the site or location in connection with such operations, or

b. which test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize such pollutants, or for the preparation of any plan relating to any of the foregoing;

but this exclusion does not apply:

(i) to excess net loss sustained by an employee of the insured arising out of and in the course of the employee's employment; or

(ii) to excess net loss arising out of the ownership, maintenance, operation, use, loading or unloading of any automobile if such discharge, dispersal, release, escape or contamination is sudden and accidental.

B. to any loss, cost or expense arising out of any governmental direction or request imposed upon the insured to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants, or for the operation of any plan relating to any of the foregoing activities;