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S cfc <br />ESN0240068513 <br />whatever is reasonably necessary to secure this right and will not do anything after the event <br />which gave rise to the claim to prejudice this right. <br />We will not exercise any rights of recovery against any employee, unless this is in respect of <br />any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal <br />or written admission by the employee. <br />Any recoveries will be applied as follows: <br />a. towards any recovery expenses incurred by us; <br />b. then to us up to the amount of our payment under this Policy, including costs and <br />expenses; <br />c. then to you as recovery of your deductible. <br />16. Prior subsidiaries <br />Should an entity cease to be a subsidiary after the inception date, cover in respect of the <br />entity will continue as if it was still a subsidiary during the period of the policy, but only in <br />respect of an act, error, omission or event occurring prior to the date that it ceased to be a <br />subsidiary. <br />17. Process for paying privacy breach notification costs <br />Any privacy breach notification transmitted by you or on your behalf must be done with our <br />prior written consent. We will ensure that notification is compliant with any legal or <br />regulatory requirements and contractual obligations. No offer must be made for financial <br />incentives, gifts, coupons, credits or services unless with our prior written consent which will <br />only be provided if the offer is commensurate with the risk of harm. <br />We will not be liable for any portion of the costs you incur under INSURING CLAUSE 4 <br />(SECTION E only) that exceed the costs that you would have incurred had you gained our <br />prior written consent. In the absence of our prior written consent we will only be liable to pay <br />you the equivalent cost of a notification made using the most cost effective means <br />permissible under the governing law. <br />18. Waiver of subrogation <br />Notwithstanding CONDITION 15, we agree to waive our rights of recovery against any third <br />party if, prior to the claim or incident which you reasonably expected to give rise to a claim, <br />you entered into a contract that contains a provision requiring you to do this. <br />19. Choice of law, jurisdiction and service of suit <br />In the event of a dispute between you and us regarding this Policy, the dispute will be <br />governed by the laws of the State of the United States of America shown as the choice of law <br />stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a <br />court of competent jurisdiction within the United States of America. <br />