KIMLEY-HORN AND ASSOCIATES, INC. (8)

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Policy Number: B0146LDUSA2504949 the Insured's obligation to pay shall have been fully and finally determined either by judgment against them or by written agreement between them, the claimant and the underwriters. Nothing contained herein shall give any person or organization any right to join the underwriters as a party to any Claim against the Insured to determine their liability, nor shall the underwriters be impleaded by the Insureds or their legal representative in any Claim. XX. SUBROGATION In the event of any payment under this Insurance, the underwriters shall be subrogated to all the Insureds' rights of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights.The Insured shall do nothing to prejudice such rights. The underwriters agrees to waive its rights of recovery against any person or entity of the Named Insured for a Claim which is covered pursuant to Insuring Clause LA and/or I.B.of this Policy to the extent the Named Insured had , prior to such Claim,a written agreement to waive such rights.Any recoveries shall be applied first to subrogation expenses, second to Damages and Claims Expenses paid by the underwriters, and third to the Deductible. Any additional amounts recovered shall be paid to the Named Insured. XXI. ENTIRE AGREEMENT By acceptance of this Policy, all Insureds agree that this Policy embodies all agreements existing between them and the underwriters relating to this Insurance. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the underwriters from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by written endorsement issued to form a part of this Policy, signed by the underwriters. XXII. VALUATION AND CURRENCY All premiums, limits, deductibles, Damages and other amounts under this Policy are expressed and payable in the currency of the United States. If judgment is rendered , settlement is denominated or another element of Damages under this Policy is stated in a currency other than United States dollars or if Claims Expenses are paid in a currency other than United States dollars, payment under this Policy shall be made in United States dollars at the rate of exchange published in the Wall Street journal on the date the judgment becomes final or payment of the settlement or other element of Damages is due or the date such Claims Expenses are paid. XXIII. BANKRUPTCY Bankruptcy or insolvency of the Insured shall not relieve the underwriters of their obligations nor deprive the underwriters of its rights or defenses under this Policy. XXII. AUTHORIZATION By acceptance of this Policy,the insureds agree that the Named Insured will act on their behalf with respect to the giving and receiving of any notice provided for in this Policy, the payment of premiums and the receipt of any return premiums that may become due under this Policy, and the agreement to and acceptance of endorsements. XXIII. HEADINGS The descriptions in the headings and subheadings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage, 30 Kimley-Horn 2025 wording v 1