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withdrawn). The Insurer will not be liable for any such settlement, assumed obligation, voluntary payment, admitted liability, confessed judgment. The Insurer will have the right to make investigations and conduct negotiations and, with the consent of the Insured, enter into settlement of any Claim or Regulatory Claim as the Insurer deems appropriate. If the Insured refuses to consent to a settlement then, subject to the Limits of Liability, the Insurer's liability for such Claim or Regulatory Claim will not exceed: The amount for which such Claim or Regulatory Claim could have been settled plus Claim Expenses up to the date the Insured refused to settle; plus 80% of any Damages, Regulatory Damages, PCI DSS Damages and/or Claim Expenses in excess of clause (a) above, incurred in connection with such Claim or Regulatory Claim. The remaining Damages, Regulatory Damages, PCI DSS Damages and/or Claim Expenses will be borne by the Insured at its own risk. 2. Cooperation The Insured must cooperate with the Insurer in all investigations and must render all assistance as reasonably requested by the Insurer. Upon the Insurer's request, the Insured shall assist in making settlements and in enforcing any right of contribution or indemnity against any person or organization and assist in giving evidence and obtaining the attendance of witnesses. 3. Risk Mitigation The Insured will take all reasonable steps to limit and mitigate any loss arising from any First Party Insured Event, Claim or Regulatory Claim for which coverage may be or is sought under this Policy, including in the event the Insured experiences a Cyber Attack and a member of the Control Group makes the decision voluntarily shut down the Insured's Computer System with the reasonable belief that such voluntary shutdown will mitigate potential or actual First Party Loss. The Insured will do nothing which in any way increases the Insurer's exposure under this Policy or in any way prejudices the Insurer's potential or actual rights of recover. I. SUBROGATION If any payment is made under this Policy and the Insured has any rights of recovery against any third party, then the Insurer will maintain such rights of recovery to the extent of such payment made under this Policy. The Insured will execute and deliver all instruments and do whatever else may be necessary to secure such rights. The Insured will do nothing to prejudice such rights. If the Insured does prejudice such rights, then the Insurer is released from its liability to make payments under this Policy. Page 26 of 30 Munich RE Munich Re Specialty Form No: MCYT2000222 Copyright Cc,2022 Munich Re Syndicate. All Rights Reserved.