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a. Coverage under this provision is af- <br />forded only until the 90th day after you <br />acquire or form the organization or the <br />end of the policy period, whichever is <br />earlier. <br />b. Coverage under this provision does not <br />apply to any act, error or omission that <br />was committed before you acquired or <br />formed the organization. <br />D. For the purposes of the coverage provided by <br />this endorsement, Section III - Limits Of Insur- <br />ance is replaced by the following: <br />1. Limits Of Insurance <br />a. The Limits of Insurance shown in the <br />Schedule and the rules below fix the <br />most we will pay regardless of the <br />number of: <br />(1) Insureds; <br />(2) "Claims" made or "suits" brought; <br />(3) Persons or organizations making <br />"claims" or bringing "suits"; <br />(4) Acts, errors or omissions; or <br />(5) Benefits included in your "employee <br />benefit program". <br />b. The Aggregate Limit is the most we will <br />pay for all damages because of acts, <br />errors or omissions negligently com- <br />mitted in the "administration" of your <br />"employee benefit program". <br />c. Subject to the Aggregate Limit, the <br />Each Employee Limit is the most we <br />will pay for all damages sustained by <br />any one "employee", including damag- <br />es sustained by such "employee's" de- <br />pendents and beneficiaries, as a result <br />of: <br />(1) An act, error or omission; or <br />(2) A series of related acts, errors or <br />omissions <br />negligently committed in the "adminis- <br />tration" of your "employee benefit pro- <br />gram". <br />However, the amount paid under this <br />endorsement shall not exceed, and will <br />be subject to, the limits and restrictions <br />that apply to the payment of benefits in <br />any plan included in the "employee <br />benefit program". <br />The Limits of Insurance of this endorse- <br />ment apply separately to each consecutive <br />annual period and to any remaining period <br />of less than 12 months, starting with the <br />beginning of the policy period shown in the <br />Declarations of the policy to which this en- <br />dorsement is attached, unless the policy <br />period is extended after issuance for an ad- <br />ditional period of less than 12 months. In <br />that case, the additional period will be <br />deemed part of the last preceding period <br />for purposes of determining the Limits Of <br />Insurance. <br />2. Deductible <br />a. Our obligation to pay damages on be- <br />half of the insured applies only to the <br />amount of damages in excess of the <br />deductible amount stated in the Sched- <br />ule as applicable to Each Employee. <br />The limits of insurance shall not be re- <br />duced by the amount of this deductible. <br />b. The deductible amount stated in the <br />Schedule applies to all damages sus- <br />tained by any one "employee", includ- <br />ing such "employee's" dependents and <br />beneficiaries, because of all acts, errors <br />or omissions to which this insurance <br />applies. <br />c. The terms of this insurance, including <br />those with respect to: <br />(1) Our right and duty to defend any <br />"suits" seeking those damages; and <br />(2) Your duties, and the duties of any <br />other involved insured, in the event <br />of an act, error or omission, or <br />"claim" <br />apply irrespective of the application of <br />the deductible amount. <br />d. We may pay any part or all of the de- <br />ductible amount to effect settlement of <br />any "claim" or "suit" and, upon notifi- <br />cation of the action taken, you shall <br />promptly reimburse us for such part of <br />the deductible amount as we have paid. <br />E. For the purposes of the coverage provided by <br />this endorsement, Conditions 2. and 4. of Sec- <br />tion IV - Commercial General Liability Condi- <br />tions are replaced by the following: <br />2. Duties In The Event Of An Act, Error Or <br />Omission, Or "Claim" Or "Suit" <br />a. You must see to it that we are notified <br />as soon as practicable of an act, error <br />or omission which may result in a <br />"claim". To the extent possible, notice <br />should include: <br />(1) What the act, error or omission <br />was and when it occurred; and <br />(2) The names and addresses of any- <br />one who may suffer damages as a <br />result of the act, error or omission. <br />b. If a "claim" is made or "suit" is brought <br />against any insured, you must: <br />CG 04 35 12 07 Copyright, ISO Properties, Inc., 2006 <br />�oRaN� <br />RiskMmWmentDMsian <br />REVIEWED & APPROVED BY. - <br />Risk Management Analyst <br />