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6$0 <br /> H I SCOX <br /> 2. in connection with their ownership interest in property which the claimant seeks as <br /> recovery for actual or alleged Wrongful Acts of such Insured. <br /> B. INSURED DUTY TO COOPERATE <br /> You shall have the duty to cooperate with Us in the defense, investigation and <br /> settlement of any Claim, including but not limited to: <br /> 1. upon request, submit to examination and interrogation under oath by Our <br /> representative; <br /> 2. attend hearings, depositions and trials as requested by Us; <br /> 3. assist in securing and giving evidence and obtaining the attendance of <br /> witnesses; <br /> 4. provide written statements to Our representative and meet with such <br /> representative for the purpose of investigation and/or defense; and <br /> 5. provide all documents We may reasonably require. <br /> C. INSURED OBLIGATION NOT TO INCUR EXPENSE OR ADMIT LIABILITY <br /> You shall not, except at Your own cost, make any payment, incur any expense, <br /> admit any liability, settle any Claim or assume any obligation without Our prior <br /> consent. <br /> D. ACTION AGAINST THE INSURER <br /> No action shall be taken against Us unless: <br /> 1. You have complied fully with all the terms and conditions of this Policy; and <br /> 2. the amount of Your obligation to pay shall have been finally determined either <br /> by judgment against You after actual trial, or by written agreement between <br /> You, Us and the claimant. <br /> No person or organization shall have any right under this Policy to join Us as a party <br /> to any Claim against You nor shall We be impleaded by You or Your legal <br /> representatives in any such Claim. <br /> E. OTHER INSURANCE <br /> This Policy shall be excess insurance over any other valid and collectable insurance <br /> available to You, whether such other insurance is stated to be primary, contributory, <br /> excess, contingent or otherwise, unless such other insurance is written only as a <br /> specific excess insurance over the Limit of Liability provided in this Policy. <br /> F. SUBROGATION <br /> 1. In the event of any payment by Us under this Policy, We shall be subrogated to all <br /> of Your rights of recovery to such payment. <br /> 2. You shall do everything that may be necessary to secure and preserve such <br /> subrogation rights, including but not limited to the P\.r.iitinn of anv rinriimPntc <br /> necessary to allow Us to bring suit in Your name. <br /> Risk Management Division <br /> REv iEWED&APPROVED BY: <br /> 9 /14,c, Acevalo <br /> DPL P001 CW(05/13) • Risk Management Specialist <br />