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c. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured, claimant, controlling underlying insurer (or a representative of one or more of these) and us, and first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable. 11. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, controlling underlying insurer and the claimant or the claimant's legal representative. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of controlling underlying insurance have been exhausted, in accordance with the provisions of controlling underlying insurance, we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Form of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Form, we will cooperate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Form,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 14. Claims-Made Extended Reporting Period a. Any provisions under the controlling underlying insurance relating to an Extended Reporting Period for which a separate premium charge is made do not apply to this insurance, unless an Extended Reporting Period is purchased under this insurance. b. An Extended Reporting Period,consistent with the terms,conditions and duration of any Extended Reporting Period available in accordance with the terms of any controlling underlying insurance,will be available for this Coverage Form by endorsement, for an additional charge, if: (1) This policy is cancelled or not renewed; or (2) This policy is renewed or replaced with insurance that: i. Has a Retroactive Date later than the date shown in the controlling underlying insurance; or ii. Does not apply to injury or damage on a claims-made basis. c. If this policy and the controlling underlying insurance are cancelled or not renewed and an Extended Reporting Period has been provided under the controlling underlying insurance, then an Extended Reporting Period will be available for this Coverage Form. The Extended Reporting Period available under this Coverage Form will be consistent with the terms, conditions and duration of any Extended Reporting Period provided in accordance with the terms of the controlling underlying insurance. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 6 of 7