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L. Severability <br />Except with respect to the Limits of Liability and the Self -Insured Retention Amount, and any rights or <br />duties specifically assigned in this Policy to the First Named Insured, this insurance applies: <br />1. as if each Named Insured were the only Named Insured; and <br />2, separately to each Insured against whom a Claim Is made. <br />M. Sole Agent <br />The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt <br />and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of <br />cancellation or non -renewal and the exercise of the rights provided in SECTION VI — OPTIONAL <br />EXTENDED REPORTING PERIOD. <br />N. Subrogation <br />In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery <br />against any person or entity and you will execute and deliver instruments and papers and do whatever else <br />is necessary to secure such rights. We shall have priority in any recovery, and any amounts recovered in <br />excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time <br />to prejudice our subrogation rights. <br />However, we waive our right of recovery against any person or entity, except for a Design Professional or <br />Subcontractor, Including Subcontractors and subconsultants, if and to the extent you agreed to waive <br />your right of recovery against such person or entity in a written agreement signed by you prior to: <br />1. the negligent act, error or omission in Professional Services out of which the Claim or request for <br />Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional <br />Coveraces; or <br />2, the first commencement of a Pollution Condition out of which the Claim or request for <br />Emergency Remediation Expense or Pollution Loss arises under SECTION I - INSURING <br />AGREEMENTS, 0, Pollution Coverages. <br />O. Territory <br />This Policy applies to Professional Services and Contracting Services rendered worldwide, provided <br />that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times <br />maintained, within the United States of America (including its territories and possessions), and Canada. <br />This Policy does not apply to any Claim, Protective Claim or Pollution Protective Claim for which, <br />payment would be in violation of the laws of the United States of America including, but not limited to, <br />United States economic or trade sanction laws or export control laws administered by the United States <br />Treasury, State, and Commerce Departments, for example the economic and trade sanctions administered <br />by the United States Treasury Office of Foreign Assets Control. <br />EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 28 of 28 <br />May not be copied without permission. 0 <br />