OCEAN BLUE ENVIROMENTAL SERVICES, INC.

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We may cancel this Policy at any time, but only for the following reasons; a. you made a material misrepresentation that affects our assessment of the risks insured by this Policy; b. you breached or failed to comply with Policy terms, conditions, contractual duties or any of your obligations under this Policy or at law; or c. you failed to pay the premium or the Self -Insured Retention Amount. If we cancel this Policy for reasons set forth in Subsections 2.a. or 2.b. above, then the amount of premium returnable to the First Named insured is computed on a pro-rata basis. If we cancel the Policy for reasons set forth in Subsection 2.0. above, there shall be no return premium. In the event of cancellation by us from any ground referred to in Subsection 2.b. above, you shall have ninety (90) days from the date of notice of cancellation to remedy each breach and each failure that is a ground for cancellation, but only as to each and every breach and failure that are capable of being remedied. If your remedial efforts are completed within such ninety (90) day period and are satisfactory to us, we shall rescind the Notice of Cancellation with a written confirmation to the First Named Insured. 3. The following provisions also apply to Subsections D.1. and D.2. above: a. The premium adjustment shall occur as soon as practicable after cancellation becomes effective however, payment of unearned premium is not a condition of our cancellation. b. If a Claim for Professional Loss or Pollution Loss is made against you, a Pollution Condition is discovered, a Protective Claim or Protective Pollution Claim is made by you against a Design Professional or Subcontractor, or coverage is otherwise requested from us by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or the Optional Extended Reporting Period, then the premium shall be considered one hundred percent (100%) earned, and the First Named Insured is not entitled to any return of premium upon cancellation. C. If this Policy is terminated for fraud, misrepresentation or non-payment of premium, the ninety (90) days of additional reporting will not apply. E. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part of this Policy or estop us from asserting any right under the terms of this Policy. The terms and conditions of this Policy cannot be waived or changed, except by endorsement issued by us to form a part of this Policy. F. Choice of Law and Jurisdiction and Venue All matters arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, and all forms of contractual, tort and statutory claims shall be determined in accordance with the law and practice of the State of New York (notwithstanding New York's conflicts of law rules). It is agreed that, in the event of any dispute arising from or related to this Policy, including without limitation questions related to the validity, interpretation, performance, and enforcement of this Policy, and all forms of contractual, tort and statutory claims, we and the Insured will submit to the jurisdiction of any court (state or federal) in New York and will comply with all the requirements necessary to give such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of the right of us or the EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 26 of 28 May not be copied without permission.