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POLICY NUMBER: FFX204889710 d. You must give us a written request for the Extended Reporting Period endorsement under this Coverage Form no later than the time allowed to purchase such endorsement under the controlling underlying insurance. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due and any premium you owe us for coverage provided under this policy. e. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: (1) The exposures insured; (2) Previous types and amounts of insurance; (3) Limits of Insurance available under this policy for future payment of damages; and (4) Other related factors. 15. Notices All notices under this policy shall be given as provided for in the controlling underlying insurance. In addition, all notices to us under this policy shall be sent to the address below or any substitute address as provided by us: Berkley Environmental Attention: Claims Department 101 Hudson Street, Suite 2500 Jersey City, New Jersey 07302 SECTION IV- DEFINITIONS The definitions applicable to any controlling underlying insurance also apply to this insurance. In addition, the following definitions apply. 1. Actual payment means remittance in currency, not credits or debits, from a controlling underlying insurer to an insured or a claimant. 2. Controlling underlying insurance means any policy of insurance or self-insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance. 3. Controlling underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance. 4. Defense Costs means any reasonable and necessary fees charged by an attorney and designated by the company, and where the insured has the right to select independent counsel, the rates we would actually pay to counsel that we retain in the ordinary course of business in the defense of a similar claim or suit in the community where the claim or suit arose or is being defended, as well as other reasonable and necessary costs, including expert witness and court reporters, in connection with the investigation, adjustment, settlement, defense or appeal of a claim or suit. It does not include the salaries of our regular employees or supervisory counsel retained by us, or any cost or expense incurred by the insured in assisting in the investigation or defense of the claim or suit. 5. Event means an occurrence, offense, accident, act, discovery, claim or suit or other event, to which the applicable controlling underlying insurance applies. 6. Injury or damage means any injury or damage, covered in the applicable controlling underlying insurance arising from an event. 7. Retained limit means the available limits of controlling underlying insurance applicable to the claim. 8. Ultimate net loss means the amount covered by this Coverage Form, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Defense costs, settlements,judgments, binding arbitration; plus b. Other binding alternate dispute resolution proceeding entered into with our consent, plus c. Any first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 7 of 7