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such rights, including the execution of any documents necessary to enable the Insurer to effectively bring suit in the <br /> name of the Insured. The Insured shall do nothing to prejudice the Insurer's position or any potential or actual rights of <br /> recovery. If the Insured has waived its rights to recovery in a written contract or agreement executed prior to a Claim <br /> being made, then the Insurer will waive its rights to subrogation to the same extent as the Insured's waiver. <br /> XVII. APPLICATION <br /> (A) The Insured represents that the declarations and statements contained in the Application are true, accurate and <br /> complete. This Policy is issued in reliance upon the Application. <br /> (B) If the Application contains misrepresentations or misrepresentations that materially affect the acceptance of the <br /> risk by the Insurer: <br /> (1) no coverage shall be afforded under this Policy for any Insured who knew on the Inception Date of this Policy <br /> of the facts that were so misrepresented, provided that knowledge possessed by any Insured Person shall not <br /> be imputed to any other Insured Person; and <br /> (2) knowledge possessed by any principal, partner, chief executive officer, chief operating officer, general counsel, <br /> chief financial officer, risk manager, human resources director or any position equivalent to the foregoing of the <br /> Insured Entity, or anyone signing the Application, shall be imputed to all Insured Entities. No other person's <br /> knowledge shall be imputed to an Insured Entity. <br /> XVIII. ACTION AGAINST THE INSURER <br /> Solely with respect to all Liability Coverage Parts: <br /> (A) No action shall be taken against the Insurer unless there shall have been full compliance with all the terms and <br /> conditions of this Policy. <br /> (B) No person or organization shall have any right under this Policy to join the Insurer as a party to any Claim <br /> against the Insured nor shall the Insurer be impleaded by the Insured in any such Claim. <br /> XIX. ASSIGNMENT <br /> Assignment of interest underthis Policy shall not bind the Insurerwithout its consent as specified in a written endorsement <br /> issued by the Insurer to form a part of this Policy. <br /> XX. BANKRUPTCY OR INSOLVENCY <br /> Bankruptcy or insolvency of any Insured shall not relieve the Insurer of any of its obligations under this Policy. <br /> XXI. AUTHORIZATION OF NAMED ENTITY <br /> The Named Entity shall act on behalf of all Insureds with respect to all matters under this Policy, including, without <br /> limitation, giving and receiving of notices regarding Claims, cancellation, election of the Extended Reporting Period, <br /> payment of premiums, receipt of any return premiums, and acceptance of any endorsements to this Policy. <br /> XXII. CHANGES <br /> This Policy shall not be changed or modified except in a written endorsement issued by the Insurer to form a part of <br /> this Policy. <br /> XXIII. ENTIRE AGREEMENT <br /> AE 00 H003 01 0621 ©2021, The Hartford Page 8 of 9 <br /> 72 OH 0681905-24 10/03/2024 <br />