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days, then the shall not at a later date be entitled to purchase an Optional Extended Reporting Period <br />The premium for the Optional Extended Reporting Period shall be determined by charging (1) 100% of <br />the annual premium for twelve (12) months, (2) 135% for twenty-four (24) months, or (3) 180% for thirty- <br />six (36) months. The purchase of an Optional Extended Reporting Period shall be endorsed herein. The fact <br />that the period during which Claims can be made against the Insured and reported to the Insurer is <br />extended by virtue of the Optional Extended Reporting Period shall not in any way increase the Limits of <br />Liability as shown in Item 3 of the Declarations of this policy. At the commencement of any Optional <br />Extended Reporting Period, the entire premium therefore shall be deemed fully earned, and in the event the <br />Insured terminates the Optional Extended Reporting Period before its term for any reason, we shall not be <br />obligated to return to you any portion of the premium. <br />The Insurer’s liability shall further be limited to cover only those Claims or Claim Expenses which arise out of <br />the Insured providing or failing to provide Professional Services prior to the expiration date of the <br />Policy Period or any earlier termination date, if applicable, and prior to the Optional Extended Reporting <br />Period. Bringing of suits by more than one person or organization does not increase the Insured’s Limit of <br />Liability. Two or more Claims arising out of a single negligent act, error or omission or a series of related <br />negligent acts, errors or omissions shall be treated as a single Claim, and shall be subject to one Limit of <br />Liability and only one Deductible. All such Claims, whenever made, shall be considered first made on the <br />date on which the earliest Claim was first made. <br />D.SUBROGATION <br />In addition to any right of subrogation existing at law, in equity or otherwise, and in the event of any payment by <br />the Insurer under this policy, the Insurer shall be subrogated to the extent of such payment to all of the Insured <br />(s)’ rights of recovery. The Insured (s) shall execute all papers required (including those documents necessary <br />for the Insurer to bring suit or other form of proceeding in their name) and do everything that may be necessary <br />to pursue and secure such rights. Notwithstanding, the Insurer agrees to waive the right of Subrogation against <br />the client of the Insured to the extent that the Insured had prior to a Claim, a written agreement to waive such <br />rights. <br />E.HOW OTHER INSURANCE APPLIES <br />Where other insurance is available to the Insured for Damages covered under the terms and <br />conditions of this policy, the Insurer's obligation to the Insured shall be as follows: <br />1.This policy shall apply as excess insurance over any other valid insurance, whether <br />collectible or not, be it primary, excess or contributing. This excess insurance shall in no <br />way be increased or expanded as a result of the receivership, insolvency, or inability to pay <br />of any Insurer with respect to both the duty to indemnify and the duty to defend. This also <br />applies to the Insured while acting as a self-Insured for any coverage. <br />2.Where, in accordance with paragraph 1, above, this policy is excess insurance, the Insurer <br />will: <br />a.pay only its share of the amount of Damages and Claim s Expenses, if any, that <br />exceed the total amount of all such valid insurance, whether collectible or not; and <br />b.pay only for such Damages and Claim s Expenses as are covered by the terms and <br />conditions of this policy. <br />The Insured shall promptly, upon request of the Insurer, provide the Insurer with copies of <br />all policies potentially applicable, whether collectable or not, against the liability covered by this <br />policy. <br />F.ASSIGNMENT AND CHANGES TO THE POLICY <br />This policy and any and all rights hereunder are not assignable without the prior written consent of the Insurer. <br />Notice to any agent or knowledge possessed by any agent or person will not result in a waiver or change in any <br />part of this policy or prevent the Insurer from asserting any right under the terms and conditions of this policy. <br />The terms and conditions of this policy may only be waived or changed by written endorsement signed by the <br />Insurer or its authorized agent. <br />Starr Surplus Lines A&E Standard Deductible 01-10 <br />9 <br />SL 2005 01 10 <br /> <br />