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pursuant to its duty to defend Claims to which the insurance applies. The Insurer has the right to investigate, adjust, defend, appeal and, with the consent of the Named Insured, negotiate the settlement of any Claim whether within or above the Deductible. If the Named Insured refuses to consent to a settlement within the Limit of Liability of the Policy recommended by the Insurer, the Insurer's obligation to all Insureds for Damages and Claim Expenses attributable to such Claim shall be limited to: a. the amount of the covered Damages in excess of the Deductible which the Insurer would have paid in settlement at the time the Named Insured first refused to settle; b. plus covered Claim Expenses incurred up to the date the Named Insured first refused to settle; c. plus seventy-five percent (75%) of covered Claim Expenses and Damages in excess of the first settlement amount recommended by the Insurer to which the Named Insured did not consent. Payment of a., b. and c. above, is the limit of the Insurer's liability under this Policy on any Claim in which the Named Insured fails or refuses to consent to the Insurer's settlement recommendation within the Limit of Liability of the Pol- icy, subject at all times to the Limits of Liability and Deductible provisions. The remaining twenty-five percent (25%) of covered Claim Expenses and Damages in excess of the first settlement amount recommended by the Insurer to which the Named Insured did not consent shall be the obligation of the Named Insured. All Insureds agree to cooperate with the Insurer and provide such assistance and information as the Insurer may reasonably request. Upon the Insurer's request, any Insured shall submit to examination and interrogation by a repre- sentative of the Insurer, under oath if required, and shall attend hearings, depositions, trials and shall assist in the conduct of suits, including but not limited to effecting settlement, securing and giving evidence, obtaining the atten- dance of witnesses, giving written statements to the Insurer's representatives and meeting with such representatives for the purpose of investigation and/or defense, all of the above without charge to the Insurer. All Insureds further agree not to take any action, without the Insurer's prior written consent, which may increase any Insured's or the Insurer's exposure for Claim Expenses or Damages. All Insureds shall execute all papers required and shall do everything that may be necessary to secure and preserve any rights of indemnity, contribution or apportionment which an Insured or the Insurer may have, including the execu- tion of such documents as are necessary to enable the Insurer to bring suit in an Insured's name, and shall provide all other assistance and cooperation which the Insurer may reasonably require. An Insured shall not demand or agree to arbitration or mediation of any Claim after a Claim is made without the prior written consent of the Insurer. An Insured shall not, except at personal cost, make any offer or payment, admit any liability, settle any Claim, assume any obligation, or incur any expense without the Insurer's prior written consent. Any such offer or payment, admission of liability, settlement, assumption of any obligation, or expense incurred without the Insurer's prior written consent shall be the sole obligation of the Insured. The Insurer will have no obligation to pay Damages or Claim Expenses or to defend any Claim after the Limits of Liability have been exhausted by tendering the remaining Limit of Liability of the Policy to the Named Insured or exhausted by payment of Claim Expenses or Damages. Further, the Insurer has no obligation to apply for or furnish costs of attachment or similar bonds. The Named Insured shall promptly reimburse the Insurer for all Claim Expenses paid or incurred by the Insurer on account of a Claim upon a final judgment or adjudication that the Insurer owes no duty to defend the Claim. 4. DEFINITIONS When used in this Policy: "Bodily Injury" means physical injury, mental anguish, emotional distress, sickness, disease or death of any person. "Circumstance" means any fact, situation, event or occurrence that could reasonably be the basis for a Claim. "Claim" means: a. a demand for money as compensation for a Wrongful Act; or RTP 101 (02/17) Page 2 of 10 Insured