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Pollution - Waiver of Subrogation Policy Number MP20ECP3123491C limits of liability under this policy may be reduced or exhausted by payments under this policy and/or payments under all such policies; and c. the sole applicable deductible or retention shall be that which applies under the policy with the largest single limit of liability as established in paragraph b, immediately above. 21. Separation of Insureds / Severability Except with respect to the limits of liability, any insured versus insured exclusion, cancellation, or any rights or duties specifically assigned to the first named insured, this insurance applies: a. as if each named insured was the only named insured; and b. separately to each insured against whom a claim is made. 22. Service of Suit It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder, we, at the request of the first named insured, will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of any of our rights to remove, remand, or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us upon this contract, we will abide by the final decision of the court or of any appellate court in the event of an appeal. It is further agreed that service of process upon us in such suit may be made upon the Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in the applicable statute governing service of process in the state or jurisdiction in which a cause of action arises under this contract of insurance, or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance. 23. Subrogation In the event of any payment under this insurance by us, we shall be subrogated to all the insured's rights of recovery against any person or organization. No insured shall do anything after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. With respect to Coverage I.A. Operations Pollution Liability, we agree to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution incident giving rise to loss hereunder began. 24. Transfer of Defense Duties If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of loss, we will so notify the first named insured in writing as soon as possible. In the event that there are ongoing legal proceedings with respect to any claims against an insured, and any applicable limit of liability of this policy has been exhausted by the payment of loss, we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims or new claims against an insured. Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim or pay any loss after any applicable limit of liability of this policy is exhausted. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION ill NAV ECP-O TLKT 11 (03/13) Page 15 of 24