BUCKNAM INFRASTRUCTURE GROUP, INC. (4)

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Hanover Architects and Engineers Advantage Insurance Group" Professional Liability Insurance c. The representations made in Your application for this Policy are to be considered as incorporated into and constitute a part of this Policy; d. Those representations are material to the acceptance of the risk We assumed under this Policy; e. We have issued this Policy in reliance upon the truth, accuracy and completeness of such representations; and f. No statement in Your application or fact pertaining to or knowledge possessed by any Insured shall be imputed to any other Insured for the purpose of determining if coverage is available; except that statements in the application or facts pertaining to or knowledge possessed by the individual signing the application shall be imputed to the Named Insured. 3. Legal Action Against Us No person or entity has a right under this Policy to: a. Join Us as a party or otherwise bring Us into a suit asking for Damages from an Insured; or b. Sue Us on this Policy unless all of its terms have been fully complied with. A person or entity may sue Us to recover on an agreed settlement or on a final judgment against an Insured; but We will not be liable for Damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of liability. An agreed settlement means a settlement and release of liability signed by Us, the Insured and the claimant or the claimant's legal representative. 4. Innocent Insureds In the event that coverage under this Policy would be excluded, suspended or lost because any of You concealed a Claim from Us under Section G. Duties in the Event of Claim(s), Potential Claim(s) or Supplemental Coverage(s), We will cover any other of You, other than the Named Insured, who did not participate in, acquiesce in or fail to promptly notify Us of this concealment, provided that You complied with all other Policy provisions. In the event that coverage under this Policy would be excluded, suspended or lost because of a dishonest, criminal, malicious, or fraudulent act, error, or omission by one or more of You under Exclusion 1. Conduct, We will cover any other of You, other than the Named Insured, who did not participate in, acquiesce in or fail to take appropriate action when You discovered the conduct, provided that You complied with all other Policy provisions. We have the right to recover against any Insured responsible for dishonest, criminal, malicious or fraudulent acts errors, omissions, or discrimination, or concealment, or any other illegal act, whether or not intentional, for any Claim Expenses or Damages paid under this section. 5. Change in Ownership Control or Exposure If during the Policy Period, the Named Insured acquires or forms an entity in which the Named Insured has more than a fifty percent(50%) legal or beneficial interest and such entity performs Professional Services, coverage will be provided for such acquired or newly formed entity for any Wrongful Acts or Pollution Conditions committed after the date the Named Insured acquires or forms such entity. However, coverage for such entity will terminate ninety(90)days after the date of acquisition or formation of such entity, or the expiration of the Policy Period, whichever is earlier, unless the following conditions are met: a. Within ninety(90)days of such formation or acquisition,the Named Insured must provide Us with full particulars of the newly acquired or formed entity; b. After receipt of such notice,We must agree to endorse this Policy to add the newly acquired or formed entity;and c. The Named Insured must pay the additional premium,if any,and agree to any amendment of the provisions of this Policy by reason of such formation or acquisition. 6. Transfer of Rights of Recovery Against Others to Us If You have any rights to recover all or part of any payment We have made under this Policy, these rights are transferred to Us. You must do nothing after a Loss to impair our rights to seek or obtain recovery from others. At Our request, You will sue those responsible or transfer those rights to Us and help Us enforce them. In the 921 1001 01/18 ©2018 The Hanover Insurance Company.All Rights Reserved. Page 15 of 17