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1. In the event of non -renewal or cancellation of this Policy by the First Named Insured, the First <br />Named Insured may purchase an Optional Extended Reporting Period of up to three (3) years, for <br />an additional premium of not more than one hundred percent (100%) of the total premium for this <br />Policy, commencing on the last day of the Policy Perlod. The ninety (80) days of additional <br />reporting, if applicable, will be merged into the Optional Extended Reporting Period and is not in <br />addition to the Optional Extended Reporting Period. <br />2. The First Named Insured must request the purchase of the Optional Extended Reporting Period in <br />writing to us within thirty (30) days following the termination of this Policy and pay the premium to <br />us promptly when due. <br />3. If purchased, this extension applies to: <br />a. a Claim or Protective Claim first made against you or by you, as applicable, during the <br />Policy Period and reported by you to us, In writing, during the Optional Extended <br />Reporting Period, and that Is otherwise covered by this Policy; and <br />b, a Claim or Protective Claim first made against you or by you, as applicable, and reported <br />by you to us, in writing, during the Optional Extended Reporting Period, and that is <br />otherwise covered by this Policy. For the purpose of this section, the Claim or Protective <br />Claim shall be deemed to have been made against you or by you, as applicable, on the <br />last day of the Policy Period. <br />4. Notwithstanding anything to the contrary above, the Optional Extended Reporting Period does not <br />apply where: <br />a. this Policy is terminated for fraud, misrepresentation or non-payment of premium or <br />cancelled on any ground set forth in Subsections 2.a., 2.b. or 2.c. of SECTION VIII - <br />CONDITIONS, D. Cancellation; or <br />b. you have obtained other Insurance from an entity other than us or our affiliate, effective <br />after the end of the Policy Period, where such other insurance applies in whole or in part, <br />to your professional liability, contractor's liability or pollution legal liability. <br />6. The Optional Extended Reporting Period granted hereunder shall be subject to all the terms and <br />conditions of this Policy and shall only apply to Clatm(s) or Protective Clalm(s) based upon or <br />arising out of the performance of Professional Services, Design Professional Services or <br />Contracting Services prior to the cancellation or non -renewal of this Policy, and that are otherwise <br />covered by this Policy. <br />6. The Optional Extended Reporting Period shall be non -cancellable. At the commencement of the <br />Optional Extended Reporting Period, the entire premium shall be considered one hundred percent <br />(100%) fully earned. <br />7. The Limits of Liability applicable to the Optional Extended Reporting Period shall be the Limits of <br />Liability remaining under the terminated policy. <br />8. The quotation of different terms and conditions by us and the First Named Insured's choice not to <br />accept those quoted terms and conditions shall not be construed as non -renewal of this Policy. <br />EVPCPocCP 0618 2018 X.L. America, Inc. All Rights Reserved. Page 22 of 28 <br />May not be copied without permission. <br />