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C f C ESN0240068513 <br /> whatever is reasonably necessary to secure this right and will not do anything after the event <br /> which gave rise to the claim to prejudice this right. <br /> We will not exercise any rights of recovery against any employee, unless this is in respect of <br /> any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal <br /> or written admission by the employee. <br /> Any recoveries will be applied as follows: <br /> a. towards any recovery expenses incurred by us; <br /> b. then to us up to the amount of our payment under this Policy, including costs and <br /> expenses; <br /> c. then to you as recovery of your deductible. <br /> 16. Prior subsidiaries <br /> Should an entity cease to be a subsidiary after the inception date, cover in respect of the <br /> entity will continue as if it was still a subsidiary during the period of the policy, but only in <br /> respect of an act, error, omission or event occurring prior to the date that it ceased to be a <br /> subsidiary. <br /> 17. Process for paying privacy breach notification costs <br /> Any privacy breach notification transmitted by you or on your behalf must be done with our <br /> prior written consent. We will ensure that notification is compliant with any legal or <br /> regulatory requirements and contractual obligations. No offer must be made for financial <br /> incentives,gifts, coupons, credits or services unless with our prior written consent which will <br /> only be provided if the offer is commensurate with the risk of harm. <br /> We will not be liable for any portion of the costs you incur under INSURING CLAUSE 4 <br /> (SECTION E only) that exceed the costs that you would have incurred had you gained our <br /> prior written consent. In the absence of our prior written consent we will only be liable to pay <br /> you the equivalent cost of a notification made using the most cost effective means <br /> permissible under the governing law. <br /> 18. Waiver of subrogation <br /> Notwithstanding CONDITION 15, we agree to waive our rights of recovery against any third <br /> party if, prior to the claim or incident which you reasonably expected to give rise to a claim, <br /> you entered into a contract that contains a provision requiring you to do this. <br /> 19. Choice of law,jurisdiction and service of suit <br /> In the event of a dispute between you and us regarding this Policy, the dispute will be <br /> governed by the laws of the State of the United States of America shown as the choice of law <br /> stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a <br /> court of competent jurisdiction within the United States of America. <br />