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Policy Number: DPR5033899 <br /> 2. The specific nature and extent of the injury or damage that has been sustained; and <br /> 3. How the INSURED first became aware of such CIRCUMSTANCE(S), <br /> then any CLAIM(S) that may subsequently be made against the INSURED arising out of such <br /> reported CIRCUMSTANCE(S) shall be deemed to have been made on the date first written notice <br /> of the CIRCUMSTANCE(S)was received by the Company.This right conferred upon the INSURED <br /> in this Paragraph shall terminate at the end of the POLICY PERIOD and shall not exist during the <br /> Automatic Extended Reporting Period or Optional Extended Reporting Period. <br /> XI. OTHER CONDITIONS <br /> A. Cancellation <br /> This Policy may be canceled by the NAMED INSURED by surrender thereof to the Company or <br /> any of its authorized agents or by mailing to the Company written notice stating when thereafter <br /> the cancellation shall be effective. This Policy may be canceled by the Company by mailing to the <br /> NAMED INSURED, at the address stated in Item 1. of the Declarations, written notice stating when, <br /> not less than thirty(30) days thereafter(or ten (10) days thereafter for non-payment of premium), <br /> such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of <br /> notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall <br /> become the end of the POLICY PERIOD. Delivery of such written notice either by the NAMED <br /> INSURED or by the Company shall be equivalent to mailing. <br /> If this Policy is canceled, earned premium shall be computed in accordance with the Company's <br /> guidelines with respect to cancellation. Premium adjustment may be made either at the time <br /> cancellation is effected or as soon as practicable after cancellation becomes effective, but payment <br /> or tender of unearned premium is not a condition of cancellation. <br /> B. Action Against The Company <br /> No action may be brought against the Company unless, as a condition precedent thereto, there <br /> shall have been full compliance with all of the terms of this Policy, nor until the amount of the <br /> INSURED'S obligation to pay shall have been finally determined either by judgment against the <br /> INSURED in a contested proceeding after final judgment has been rendered and any appeal <br /> decided, or by written agreement of the INSURED, the claimant and the Company. No person or <br /> organization shall have any right under this Policy to join the Company as a party to any action <br /> against the INSURED to determine the INSURED'S liability, nor shall the INSURED or the <br /> INSURED'S legal representative join the Company in such action. Bankruptcy or insolvency of the <br /> INSURED or the INSURED'S estate shall not relieve the Company of any of its obligations <br /> hereunder. <br /> C. Assignment <br /> This Policy may not be assigned or transferred without written consent of the Company. <br /> D. Subrogation <br /> In the event of any payment under this Policy, the Company shall be subrogated to all the <br /> INSURED'S rights of recovery therefor against any person or organization, and the INSURED shall <br /> execute and deliver instruments and papers and do whatever else is necessary to secure such <br /> rights. The INSURED shall do nothing after a CLAIM(S)to prejudice such rights. <br /> However, it is agreed that the Company waives its rights of subrogation under this Policy against <br /> clients of the INSURED as respects any CLAIM(S) arising from PROFESSIONAL SERVICES, or <br /> CONTRACTING SERVICES under the client's contract requiring waiver of subrogation, but only to <br /> the extent required by written contract. <br /> LDD 050 1116 Page 15 of 16 09/13/2024 6:34:31 PM <br /> ©2016 X.L. America, Inc. All Rights Reserved. <br /> May not be copied without permission. <br />