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Ocfc <br />ES00340494134 <br />d. the identity of the potential claimant; and <br />e. an indication as to the size of the claim that could result from this incident. <br />In respect of INSURING CLAUSES 3, 4 and 5, if you discover a cyber event you may only incur <br />costs, other than costs incurred to respond to an extortion demand (including any ransom <br />payment), without our prior written consent within the first 72 hours following the discovery <br />and any third party costs incurred must be with a company forming part of the approved <br />claims panel providers. All other costs may only be incurred with the prior written consent of <br />the claims managers (which will not be unreasonably withheld). <br />2_ Additional insureds <br />We will indemnify any third party as an additional insured under this Policy, but only in <br />respect of sums which they become legally obliged to pay (including liability for claimants' <br />costs and expenses) as a result of a claim arising solely out of an act committed by you, <br />provided that: <br />a. you contracted in writing to indemnify the third party for the claim prior to it first <br />being made against them; and <br />b. had the claim been made against you, then you would be entitled to indemnity under <br />this Policy. <br />Before we indemnify any additional insured they must; <br />a. prove to us that the claim arose solely out of an act committed by you; and <br />b, fully comply with CONDITION 1 as if they were you. <br />Where we indemnify a third party as an additional insured under this Policy, this Policy will be <br />primary and non-contributory to the third party's own insurance, but only if you and the third <br />party have entered into a contract that contains a provision requiring this. <br />Where a third patty is treated as an additional insured as a result of this Condition, any claim <br />made by that third party against you will be treated by us as if they were a third party and not <br />as an insured. <br />3. Ag reeme nt to pay c I a 1 ms (d uty to defe nd) <br />We have the right and duty to take control of and conduct in your name the investigation, <br />settlement or defense of any claim. We will not have any duty to pay costs and expenses for <br />any part of a claim that is not covered by this Policy_ <br />You may ask the claims managers to consider appointing your own lawyer to defend the <br />claim on your behalf and the claims managers may grant your request if they consider your <br />lawyer is suitably qualified by exper+ence, taking into account the subject matter of the claim, <br />and the cost to provide a defense. <br />