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Policy#USS2535612 (B) Assistance and Cooperation Every Insured shall cooperate with the Company and its representatives and, upon the Company's request, shall submit to examination and interrogation by a representative of the Company, under oath if required; shall attend hearings, depositions and trials; shall assist in effecting settlement; shall cooperate in securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits; and shall give a written statement or statements to the Company's representatives and meet with such representatives for the purpose of investigation and/or defense, all without charge to the Company, except as stated in Section II. (C) of this Policy. Every Insured shall further cooperate with the Company and do whatever is necessary to secure and effect any rights of indemnity, contribution or apportionment that any Insured may have. As a condition precedent to every Insured's rights under this Policy, every Insured agrees not to settle or offer to settle any Claim, incur any Claim Expenses, or otherwise assume any contractual obligation, or admit any liability with respect to any Claim without the prior written consent of the Company. Every Insured must take all reasonable action, within its ability, to prevent and/or mitigate any Claim or Loss which could be covered under this Policy and agrees that it shall not take any action which in any way increases the Company's exposure under this Policy. (C) Audit The Company may examine and audit any Insured's books and records at any time during the Policy Period and after the final termination of this Policy and may require reports as far as they relate to the subject matter of this Policy. (D) Subrogation In the event of any Claim or payment under this Policy, the Company shall be subrogated to the extent of such Claim or payment to all rights of recovery therefore, and an Insured shall execute all documents required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company to effectively bring suit in the name of any Insured. An Insured shall do nothing after a Claim is made against them to prejudice such rights. However, it is agreed that the Company waives its rights to recover against any Insured's client to the extent that any Insured had, prior to the Claim at issue, a written agreement with the client to waive such subrogation rights. Any and all such subrogation rights that may accrue as against any and all other parties shall remain intact and unchanged. Any more recovery (after first deducting the costs and expenses incurred by the Company in obtaining such recovery) shall first be paid to the Company to the extent of any Loss or Claim Expenses incurred by the Company, with the balance paid to an Insured. (E) Other Insurance AECP 4240(06.13) Page 16 of 21