SANTA ANA GOLF, LLC (COURSECO, INC.)

Home Browse Search

.tl HISCQXC-Suite General Terms and Conditions 4. assisting in securing and giving evidence and obtaining the attendance of witnesses; 5. providing written statements to our representative and meeting with such representative for the purpose of investigation and/or defense; 6. providing all documents and information we may reasonably request, including authorizing us to obtain records;and 7. pursuing your right of recovery from others. Your obligation not to incur B. You must not make any payment, incur any expense, including any claim expenses, admit any expense or admit liability any liability, or assume any obligation without our prior consent. If you do so, it will be at your own cost and expense. Your representations C. You warrant that all representations made and all materials submitted by you or on your behalf in connection with the application for this policy are true, accurate, and not misleading,and agree they were relied on by us in our decision to issue this policy to you. In the event the representations or materials are not true, accurate, and complete, we will not impute the knowledge of one insured to any other insured, and only the knowledge of any past, present, or future Chief Executive Officer, Chief Financial Officer, or Risk Manager(or equivalent positions)of the named insured will be imputed to the named insured. However, other than the Crime Coverage Part, to which this subsection C will not apply, we will not rescind this policy in whole or in part for any reason. IV. Discovery A. If we or the named insured cancel or non-renew this policy, then the named insured will period have the right to purchase a discovery period for the duration and at the percentage of the expiring premium stated in Item 4 of the Declarations. The discovery period, if purchased,will start on the effective date of cancellation or non- renewal. However, the right to purchase a discovery period will not apply if: 1. this policy is canceled by us for nonpayment of premium; or 2. the total premium for this policy has not been fully paid. Notice of election and full payment of the additional premium for the discovery period must be received by us within 30 days after the effective date of cancellation or non-renewal, otherwise any right to purchase the discovery period will lapse. B. If an insured organization experiences a change in control as described in Section V. Other provisions affecting coverage, D. Change in control, the named insured will have the right to request an offer of a discovery period from us within 30 days of the change in control event. The duration and percentages stated in Item 4 of the Declarations will not apply to any discovery period purchased under this subsection B. Instead,we and the insured organization will agree to the duration of and premium to be charged for the discovery period at the time of the change in control event. In the event of a change in control, the named insured will have no other right to purchase a discovery period except as described in this subsection B. C. Regardless of how it is purchased, the discovery period will apply only to claims that: 1. are first made against you and reported to us during the discovery period; and 2. arise from: a. wrongful acts that take place prior to the effective date of the (i)cancellation or non-renewal of this policy, or(ii) change in control; or b. a breach that takes place on or after the retroactive date but prior to the effective date of the(i)cancellation or non-renewal of this policy, or(ii)change in control. The discovery period will not apply to any reputation risk event which occurs during the discovery period. D. The additional premium will be fully earned at the inception of the discovery period. CSU P0001A CW(12/22) Page 2 of 6