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H. CHOICE OF LAW-In the event that the INSURED and the Company have any dispute concerning, relating to,or
<br /> arising out of this Policy,including without limitation its formation,coverage provided hereunder,or the
<br /> meaning, interpretation or operation of any term,condition,definition or provision of this Policy resulting in
<br /> litigation,arbitration or other form of dispute resolution,the INSURED agrees with the Company that the laws
<br /> of the State of New York apply without giving effect to any conflicts or choice of law principles,
<br /> I. CONSENT-Where consent of the Company or the INSURED is required under this Policy,such consent will not
<br /> be unreasonably withheld,conditioned,or denied.
<br /> J. DESIGN ENTITY'S INSURANCE—The INSURED must require that each DESIGN ENTITY it utilizes provide written
<br /> evidence of professional liability insurance. Furthermore,the INSURED must not agree to any limitation of
<br /> liability from a DESIGN ENTITY with the exception of insurance proceeds without the prior written consent of
<br /> the Company.
<br /> K. ENFORCEABILITY-If any part of this Policy is deemed invalid or unenforceable, it does not affect the validity or
<br /> enforceability of any other part of this Policy.
<br /> L. INSPECTION-To the extent an INSURED has such rights,the Company is permitted,but not obligated,upon
<br /> reasonable prior notice to the INSURED,to inspect,audit, review records,sample and/or monitor any JOB SITE,
<br /> operations,or COVERED LOCATION at any time.Neither this right, nor the actual undertaking thereof,
<br /> constitute an undertaking on behalf of the INSURED or others to determine or warrant that a JOB SITE,
<br /> operations,or COVERED LOCATION is legal,safe,or conforms to any applicable standard or requirement, or is
<br /> in compliance with any environmental law or other law.The Company has the right to interview persons
<br /> employed by or affiliated with the INSURED,To the extent reasonably practicable,access for the inspection
<br /> and interviews will be coordinated through the agent or broker of the FIRST NAMED INSURED.The INSURED
<br /> agrees to provide appropriate personnel and access to its record to assist the Company's representatives
<br /> during any action taken pursuant to this provision.
<br /> M. JURISDICTION AND VENUE-In the event that the INSURED and the Company have any dispute concerning,
<br /> relating to, or a rising out of this Policy,including without limitation its formation,coverage provided
<br /> hereunder,or the meaning,interpretation or operation of any term,condition,definition or provision of this
<br /> Policy resulting in litigation or other form of dispute resolution,the INSURED agrees with the Company to
<br /> submit to the jurisdiction of the state and federal courts in the State of New York,and that any litigation or
<br /> other form of dispute resolution may take place in the state and federal courts in the State of New York.
<br /> Nothing in this Condition constitutes or should be understood to constitute a waiver of the Company's right to
<br /> remove an action to any United States District Court.
<br /> N. OTHER INSURANCE-This insurance applies in excess of:
<br /> 1. any applicable Self-Insured Retention or DEDUCTIBLE PERIOD; and
<br /> 2. the applicable limits of any other valid and collectible insurance available to the INSURED,whether such
<br /> insurance was issued to the INSURED or another entity,and whether such other insurance is stated to be
<br /> primary,pro rata,contributory,excess,contingent,or on any other basis,unless such other insurance is
<br /> specifically written as providing excess Limits of Liability above those provided under this Policy;and
<br /> 3. with regards to Coverage C,valid and collectible SUBCONTRACTOR'S INSURANCE whether such insurance
<br /> is stated to be primary,pro rata,contributory,excess,contingent,or on any other basis;and
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<br /> May not be copied without permission,
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