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SECTION VII - REPORTING, DEFENSE, SETTLEMENT AND COOPERATION <br />A. Duties <br />As a condition precedent to the coverage hereunder: <br />1. You must notify us of each of the following, as soon as practicable: <br />a. a Claim, Protective Claim or Pollution Protective Claim; <br />b. Bodily Injury or Property Damage that may result in a Claim, Protective Claim or <br />Pollution Protective Claim; <br />C. an act, error or omission in Professional Services that may result in a Claim, <br />Rectification Expense or Protective Claim; <br />d. a Pollution Condition; and <br />e. Remediation Expense. <br />2. You must forward to us or to any of our authorized agents all demands, notices, summonses, legal <br />papers or orders received by you or your representative as soon as practicable, <br />3. You must provide to us, whether orally or in writing, notice of the particulars including the time, <br />place and circumstances thereof, of the Claim, act, error or omission In Professional Services or <br />Design Professional Services, Protective Claim, Pollution Condition, Pollution Protective <br />Claim, Bodily Injury, Property Damage or Remediation Expense, along with the names and <br />addresses of any injured persons and witnesses. In the event of oral notice, you must furnish to us <br />a written notice of the above of such particulars as soon as practicable. <br />Notice, whether orally or in writing, must be provided to us when a Protective Claim or Pollution <br />Protective Claim is initiated. <br />4. You must cooperate with us and upon our request submit to examination under oath by a <br />representative of us, if required, and attend hearings, depositions and trials and assist in effecting <br />settlement, securing and giving evidence, obtaining the attendance of witnesses and otherwise <br />cooperate in the investigation or defense of the Claim, and the maintenance and pursuit of, and <br />recovery of monies in connection with the Protective Claim and Pollution Protective Claim. You <br />must further cooperate with us and do whatever is necessary to secure and affect any rights of <br />indemnity, contribution, apportionment or subrogation that you or we may have. <br />B. Prior Consent Required <br />As a condition precedent to the coverage hereunder: <br />No costs, charges or expenses, within the Self -insured Retention Amount or otherwise, shall be incurred, <br />nor payments made, obligations assumed or remediation commenced or undertaken without our prior <br />written consent which, shall not be unreasonably withheld. <br />This provision does not apply to SECTION I - INSURING AGREEMENTS, B.3. Emergency Remediation <br />Expense Coverage, <br />EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 23 of 28 <br />May not be copied without permission. <br />