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3. Our Rights in the Event of a Pollution Condition We shall have the right, but not the duty, to clean up or mitigate a pollution condition upon receiving notice as provided under Paragraph 2. above. Any sums we expend in taking such action shall be deemed incurred or expended by the insured and shall be applied against the Limits of Liability and Deductible of this Policy. Further, we shall have the right, but not the duty, to participate in decisions regarding cleanup costs and to assume direct control over all aspects of the cleanup and the adjustment of any claim or emergency expenses up to the applicable Limits of Liability. If we exercise this right, the insured shall promptly reimburse us for any element of loss falling within the Deductible. 4. Your Duties in the Event of a Claim or Suit Without limiting the requirements of any insuring agreement in this Policy, you shall give us written notice of any claim made or suit brought against an insured as soon as practicable. Such written notice shall include the following: a. All reasonably obtainable information with respect to the circumstances of the claim or suit, and the names and addresses of the claimants and available witnesses; b. All demands, summonses, notices or other process or legal papers received in connection with the claim or suit; and C. Other information in the possession of the insured or its hired experts which we deem reasonably necessary. 5. Your Duties with Respect to Emergency Expenses Within ten (10) days of the first discovery of the pollution condition for which emergency expenses have been incurred, you shall forward to us all information pertaining to the emergency expenses incurred. Such information shall include, to the extent reasonably available, the cause and location of the pollution condition, costs incurred and all associated invoices, technical reports, laboratory data, field notes, expert reports, investigations, data collected, regulatory correspondence or any other documents relating to the emergency expenses incurred. 6. Knowledge of an Occurrence Knowledge of an occurrence, offense, pollution condition or wrongful act by any of your agents, servants or employees, or any other person shall not it itself constitute knowledge by you unless a responsible insured or a manager or equivalent level employee in your Risk Management, Insurance or Law Department possesses such knowledge. Mistaken Notice If you mistakenly notify another insurer rather than us of an occurrence, offense, pollution condition or wrongful act, such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the occurrence, offense, pollution condition or wrongful act within a reasonable time after you become aware of such error. XXIII. CONDITIONS Action against Company No person or organization other than an insured has a right under this Policy: EPACE001-0415 Page 142