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Policy Number: 03120067 <br /> This Policy shall be excess over any other valid policy, whether collectible or not, and <br /> whether provided on a primary, excess, contingent or any other basis,provided that such <br /> policy is not specifically written to be excess over this Policy. <br /> M. SOLE AGENT <br /> If there is more than one Named Insured, the First Named insured shall act on behalf <br /> of all Insureds for all purposes, including but not limited to the payment or return of <br /> premium, payment of any applicable Deductible, receipt and acceptance of any <br /> endorsement issued to form a part of this Policy, complying with all applicable Policy <br /> provisions, giving and receiving notice of cancellation or nonrenewal, reimbursement to <br /> the Company of any Deductible advanced and the exercise of the rights provided in the <br /> Optional Extended Reporting Period or Subrogation provisions of this Policy. <br /> N. SUBROGATION <br /> In the event of any payment under this Policy, the Company shall be subrogated to all <br /> the Insured's rights of recovery against any person or organization and the Insured shall <br /> execute and deliver instruments and papers and do whatever else is necessary to secure <br /> such rights. The Insured shall do nothing to prejudice such rights. The Company <br /> agrees to waive its right of subrogation against any client of the Insured for a Claim <br /> which is covered by this Policy to the extent that the Insured had, prior to such Claim <br /> having been made and reported to the Company, whichever is earliest, a written <br /> agreement to waive such rights. Any recoveries shall be applied first to subrogation <br /> expenses, second to Damages and Defense Expenses paid by the Company, and third in <br /> satisfaction of the Policy Deductible shown in Item 4. of the Declarations. Any <br /> additional amounts recovered shall be paid to the First Named Insured. <br /> O. SERVICE OF SUIT <br /> In the event of the Company's failure to pay any amount claimed to be due hereunder, <br /> the Company, at the Insured's request, will submit to the jurisdiction of a court of <br /> competent jurisdiction within the United States. Nothing in this condition constitutes or <br /> should be understood to constitute a waiver of the Company's rights to commence an <br /> action in any court of competent jurisdiction in the United States, to remove an action to <br /> a United States District Court, or to seek transfer of a case to another court as permitted <br /> by the laws of the United States or of any state in the United States. It is further agreed <br /> that service of process in such suit may be made upon counsel, Legal Department,Allied <br /> World Assurance Company (U.S.) Inc., 199 Water Street, 29' Floor, New York, NY <br /> 10038 or his or her representative, and that in any suit instituted against the Company <br /> upon this Policy, the Company will abide by the final decision of such court or of any <br /> appellate court in the event of an appeal. <br /> Further, pursuant to any statute of any state, territory, or district of the United States <br /> which makes provision therefore, the Company hereby designates the Superintendent, <br /> Commissioner or Director of Policy, or other officer specified for that purpose in the <br /> statute, or his or her successors in office, as its true and lawful agent upon whom may be <br /> served any lawful process in any action, suit, or proceeding instituted by or on the <br /> Insured's behalf or any beneficiary hereunder arising out of this Policy of insurance and <br /> hereby designates the above named as the person to whom the said officer is authorized <br /> to mail such process or a true copy thereof. <br /> AE 00002 00(03/16) <br />