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ENV-3147 (10-12)Page 2 of 3
<br />III. DEFENSE AND SUPPLEMENTARY PAYMENTS
<br />Rather than directly defend an insured or foreign entity, we shall indemnify the insured for defense costs incurred in
<br />defending a suit brought against it or its foreign entity, provided that the insured complies with Section V.,
<br />ADDITIONAL CONDITIONS, of this Endorsement, below, and all other policy terms, conditions and limitations.
<br />IV. LIMITS OF INSURANCE
<br />The insurance provided by this Endorsement is subject to all applicable limits of insurance, limits of liability,
<br />deductibles and self-insured retentions (if any) identified in the Declarations of, or elsewhere in, this policy, including
<br />any aggregate limits and sublimits (collectively “limits”). Any foreign loss or foreign entity loss for which we pay
<br />indemnity shall erode and be counted against such limits. Such limits apply on the same basis (e.g., per occurrence,
<br />per claim, in the aggregate etc.) with respect to the insureds as would apply if the foreign occurrence had taken
<br />place within the United States of America, including its territories and possessions, or Puerto Rico.
<br />The applicability of limits to Supplementary Payments or allocated loss adjustment expense applies on the same
<br />basis (pursuant to the applicable coverage part) as would apply if the foreign occurrence had taken place directly
<br />with respect to an insured within the United States of America, including its territories and possessions, or Puerto
<br />Rico.
<br />V. ADDITIONAL CONDITIONS
<br />The following conditions apply in addition to the conditions and limitations provided elsewhere in this policy.
<br />A. Claims Made and/or Reported Coverage (to the extent applicable)
<br />Any requirements in this policy that a claim be first made and/or reported, or deemed made and/or reported,
<br />during the policy period, or any discovery or extended reporting period, shall also apply to all claims made
<br />against a foreign entity for which an insured seeks indemnification. Any provisions regarding notice of
<br />circumstances which may become a claim pursuant to this policy shall apply to circumstances known or which
<br />reasonably should have been known by the insured.
<br />B. Additional Duties of the Insured
<br />1.With respect to a foreign occurrence which may result in a claim to which this insurance applies, the
<br />insured assumes the duty to notify us, and must notify us in accordance with the conditions in the applicable
<br />coverage part or endorsement of this policy.
<br />2.The insured shall, when directed by us:
<br />a.Retain in its own name, but, subject to any relevant retention or deductible obligations herein, a loss
<br />adjusting expert approved by us that is authorized in the jurisdiction in which the foreign loss or foreign
<br />entity loss occurred;
<br />b.Where permitted by applicable law, grant us the full right to collaborate with such loss adjusting expert;
<br />c.Grant us full access to any records produced by such loss adjusting expert; and
<br />d.Obtain the right to control the investigation, adjustment, defense and settlement of the foreign loss or
<br />foreign entity loss using experts approved by us, including access to books, records, bills, invoices,
<br />vouchers and other information.
<br />C. Payment as Discharge of Liability
<br />With respect to any foreign loss or foreign entity loss, payment to the insured shall, in all circumstances, to the
<br />extent of such payment, discharge us from any liability or alleged liability to any other person or entity, whether or
<br />not such person or entity is named as an insured pursuant to this policy.
<br />D. Truthfulness and Accuracy of Information
<br />1.The insured shall make a good faith effort to provide truthful and accurate information to us with respect to the
<br />applicable foreign entity,foreign occurrence,claim,suit,foreign loss or foreign entity loss; and
<br />2.The insured shall not, at any time, intentionally conceal or misrepresent facts concerning any foreign entity;
<br />any foreign loss; any foreign entity loss; any claim or suit; or any foreign occurrence.
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