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9. Transfer Of Rights Of Recovery Against Others To Us <br />If the insured has rights to recover all or part of any payment we have made under this policy, <br />those rights are transferred to us. The insured must do nothing after loss to impair them. At <br />our request, the insured will bring “suit” or transfer those rights to us and help us enforce <br />them. <br />Any recoveries will be distributed as follows: <br />a.First, we will be entitled to recover to the extent of our payment; and <br />b.Next, any remaining amounts will be paid to the “underlying insurers” or any other party <br />to the extent of their payment. <br />The expenses of the recovery will be distributed in proportion to the share of each party’s <br />recovery. But, if we conduct the recovery proceedings by ourselves: <br />i.We will pay all expenses; and <br />ii.If we make a recovery, we will be reimbursed in full from the recovery for our expenses <br />before the recovery is distributed. <br />10. When We Do Not Renew <br />If we decide not to renew this policy, we will mail or deliver to the first Named Insured shown <br />in the Declarations written notice of the nonrenewal not less than 30 days before the <br />expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. <br />11.Unintentional Errors or Omissions <br />Your failure to disclose all hazards existing as of the inception date of this policy will not <br />prejudice you with respect to the coverage afforded by this policy provided such failure or any <br />omission is not intentional. However, you must report such failure or any omission to us as <br />soon as practicable after its discovery. <br />12. Maintenance of Underlying Insurance <br />a.You will maintain all of the “underlying insurance” listed in the schedule of “underlying <br />insurance” in the Declarations in full force and effect throughout this policy period, except <br />for reduction of aggregate limits due to payment of claims, settlements or judgments. <br />b. Failure to maintain “underlying insurance” will not invalidate this insurance. However, this <br />insurance will apply as if the “underlying insurance” were in full effect. <br />c. You will notify us as soon as practicable when any “underlying insurance” is changed or <br />no longer in effect. <br />d. The first Named Insured will furnish us, a complete copy of the "underlying insurance" and <br />any subsequently issued endorsements. <br />13. Endorsements To This Policy <br />Reference to Commercial Liability Umbrella or Commercial Excess Liability Coverage Part in <br />any endorsement that is attached to or made a part of this policy will mean this policy. <br />14. Minimum Premium And Minimum Earned Premium <br />Earned premium will be subject to the Minimum Premium and the Minimum Earned Premium <br />as stated in the Declarations. In the event of cancellation by you, there will be no return of <br />any portion of the Minimum Earned Premium. <br />15. Office of Foreign Assets Control <br />Payments of loss under this insurance will only be made in full compliance with all United <br />States of America economic or trade sanction laws or regulations, including, but not limited <br />to, sanctions, laws and regulations administered and enforced by the U.S. Treasury <br />Department’s Office of Foreign Assets Control (“OFAC”). <br />EUM 00 522 02 07© Everest Reinsurance Company, 2006Page 6 of 8 <br />Includes copyrighted material of ISO Properties, Inc., used with its <br />permission <br />INSURED COPY <br /> <br />