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Attachment Code: D589795 Master TD: 1491 108, Certificate ID: 17506716 Policy Number AEC90441 14-OS <br />BERKLEY INSURANCE COMPANY <br />2. The each Claim limit shown in Item 3A of the Declarations is the most we will pay for the sum of all Damages and <br />Claim Expenses arising out of any single Claim. Two or more Claims considered a single Claim shall collectively <br />be subject to the each Claim limit of liability shown in Item 3A of the Declarations. <br />3. The each Claim limit is the most we will pay for the sum of all Damages and Claim Expenses arising out of any <br />single Claim regardless of how many Insuring Agreements may apply to such Claim. <br />4. The Policy Year Aggregate limit shown in Item 3B of the Declarations is the most we will pay for the sum of all <br />Damages and Claim Expenses for all Claims made and reported during each Policy Year. <br />5. The payment of Damages and Claim Expenses will reduce the each Claim limit. <br />F. Deductible <br />You must pay the Deductible for Claim Expenses and Damages covered by this Policy before we are obligated to <br />make any payment under the each Claim limit. The Deductible must be paid from your own account, and payments by <br />other parties or insurers on your behalf shall not satisfy the Deductible. We have the right to determine the <br />reasonableness of Claim Expenses that qualify to satisfy the Deductible. The Deductible for each Claim is set forth <br />in Item 4A of the Declarations. The Policy Year Aggregate Deductible shown in Item 413 of the Declarations is the most <br />the Named Insured must pay as a Deductible for the sum of all Claims made and reported during each Policy Year. <br />G. Deductible Credits <br />1. Mediation Credit: Your Deductible obligation maybe reduced by 50%, subject to a maximum reduction of $15,000 <br />if you agree with our decision to use Mediation and the Claim is fully and finally resolved by such Mediation. <br />2. Risk Management Credit: Your Deductible obligation may be reduced by 50%, subject to a maximum reduction of <br />$25,000 if prior to the report date of a Claim, there is a signed, written and enforceable agreement for the <br />Professional Services involved in the Claim, and it includes a clause limiting your liability to $250,000 or less. <br />3. First Claim Deductible Credit: If the first Claim you ever report to us is made against you: <br />a. Greater than 24 months after the Knowledge Date shown on the Policy Declarations, then your Deductible <br />obligation for that Claim may be reduced by 25%, subject to a maximum reduction of $40,000; or <br />b. Greater than 36 months after the Knowledge Date shown on the Policy Declarations, then your Deductible <br />obligation for that Claim may be reduced by 50%, subject to a maximum reduction of $40,000. <br />If more than one Deductible Credit applies, your Deductible obligation will be reduced by 50%, subject to a maximum <br />reduction of $50,000. <br />H. Notice of Cancellation and Nonrenewal <br />This Policy may be canceled by the Named Insured identified in the Declarations, by surrender of the Policy to us or <br />our authorized representative or by giving us written notice stating when, thereafter, such cancellation shall be effective. <br />We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this <br />insurance or in relation to any Claim, or changes in law affecting this Policy. If we cancel this Policy, we will mail or <br />deliver to the first Named Insured, on behalf of all Insureds, written notice of cancellation. We will provide you at least <br />ten (10) days -notice before the effective date of cancellation if we cancel for nonpayment of premium. If we cancel for <br />any other reason, we will provide at least sixty (60) days -notice before the effective date of cancellation. <br />If this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata. <br />The cancellation will be effective even if we have not made or offered a refund. <br />We will give you written notice sixty (60) days prior to the expiration of this Policy if we do not intend to renew this <br />insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will <br />be sufficient proof of notice. <br />I. Other Insurance <br />If there is other collectible insurance, including but not limited to other professional liability insurance or project specific <br />insurance, that applies to a Claim covered by this Policy, the other insurance shall be primary and this Policy shall be <br />excess over the other insurance, unless the other insurance is written specifically excess of this Policy. This Policy will <br />then apply to the amount of the Claim that exceeds the available limits of liability and any deductibles or retention <br />amounts of the other insurance, as well as the Deductible under this Policy. If such other insurance has a duty to defend <br />a Claim or assumes the defense of a Claim, this Policy shall not be obligated to defend that Claim. <br />J. Subrogation <br />In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person <br />or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Claim <br />is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you <br />had, prior to a Claim or Circumstance, entered into a written agreement to waive such rights. Any recovery shall first <br />be paid to us up to the extent of any Damages or Claim Expenses paid by us and the balance shall be paid to you. <br />K. First Named Insured as Sole Agent <br />The first Named Insured in Item 1 of the Declarations will be the sole agent and will act on behalf of all Insureds for <br />the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, <br />giving or receiving notice of cancellation or nonrenewal, the payment of any Deductibles, and to exercise the rights <br />provided in Section Q Extended Reporting Period Option. <br />L. Alteration and Assignment <br />RisleManagementi?iviaian <br />Jy/ & REVIEWED & APPROVED BY.- <br />BDP0417001 F04c"�VdLwd <br />--� Risk Management Analyst <br />