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Insured to remove an action to the United States District Court, regardless of the jurisdiction in which, an <br /> action is commenced. <br /> G. Declarations and Representations <br /> By acceptance of this Policy, you agree that: <br /> 1. the statements, declarations and information contained in the Application for this Policy are true, <br /> correct and complete; <br /> 2. all such statements, declarations and information are material to our underwriting of this Policy; <br /> 3. this Policy has been issued by us in reliance upon the truth, correctness and completeness of such <br /> statements, declarations and information, and <br /> 4. the Application for this Policy, including all statements, declarations and information submitted to us <br /> as part of the Application process, is incorporated in and made part of this Policy. <br /> H. Design Professional's Insurance <br /> You shall require that each Design Professional, with whom you enter into a written agreement, carry <br /> professional liability insurance. <br /> 1. Headings <br /> The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and <br /> conditions of this Policy. <br /> J. Inspection and Audit <br /> We shall be permitted, but not obligated, to examine, audit, monitor and inspect on a continuing basis any of <br /> your books, records, services, properties and activities at any time, as far as they relate to the subject matter <br /> of this Policy. <br /> Neither our right to examine, audit, monitor and make inspections, or the actual undertaking thereof, or any <br /> report thereon, neither constitutes an undertaking to determine or warrant that property or operations are <br /> safe, healthful, or conform to acceptable engineering practice, or are in compliance with any law, rule or <br /> regulation. Any inspections shall be coordinated through the broker or agent of the First Named Insured. <br /> K. Other Insurance <br /> Unless expressly stated to the contrary, this Policy is excess over the Self-Insured Retention Amount and <br /> any other valid and collectible insurance whether such other insurance is stated to be primary, contributory, <br /> excess, contingent or otherwise, unless such other insurance is written specifically excess of this Policy by <br /> reference in such other policy to this Policy Number in this Policy's Declarations. When any other insurance <br /> has a duty to defend a Claim, we shall have no duty to defend the Claim; if the other insurance does not <br /> defend the Claim, we shall have the right, but not the duty to defend the Claim. <br /> With regard to SECTION I - INSURING AGREEMENTS, B. Pollution Coverages, when you are required by <br /> written agreement, executed prior to the first commencement of the Pollution Condition, to include any <br /> person or entity as an additional Insured,such coverage shall be provided on a primary and non-contributory <br /> basis to the extent required by the written agreement. <br /> EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 27 of 29 <br /> May not be copied without permission. <br /> 85745245 125-26 A/G/U/W/Po11/E&0 I Marissa Romo 6/12/2025 9:47:17 AM {PDT) I Page 21 of 22 J <br />