PYRAMID GROUP INTERNATIONAL, INC. (5)

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A E. Le I. J. Pyramid Group International Inc. if such claim is reported in writing directly to the Company and such reporting is received by the Company as soon as practicable, but not later than sixty (60) days immediately subsequent to the end of this policy period; and if on the effective date of this policy, the insured had no knowledge of circumstances which could reasonably be expected to give rise to a claim; and If no other insurance affords coverage for such claim, including any self -insured retention thereof. If other insurance that affords coverage for such claim does exist, the Company will have no obligation for damages or claims expense under this policy The Company shall have both the right and duty to provide for the defense of the insured with respect to a claim made against the insured in the COVERAGE TERRITORY, falling under the purview of all of the foregoing requirements. The Company shall also have the exclusive right to investigate such claim, to designate and appoint all legal counsel to defend the insured and to otherwise control the defense thereof. If a claim is made against the insured such as is described in the immediate foregoing, other than in the COVERAGE TERRITORY, the Company shall have the right, but not the duty, to provide for the defense of such claim. If the Company elects not to provide for the defense of such claim, the insured, under the supervision of the Company, shall have the duty to make or cause to be made such investigation and defense as are necessary and, subject to prior authorization by the Company, effectuate settlement. In such eventuality, the Company shall indemnify the insured for claims expense incurred and damages paid in excess of the self -insured retention. The Company shall have the exclusive right hereunder to negotiate and effectuate the settlement of all claims, as it deems expedient, whether under or in excess of the self -insured retention, but it shall not commit the insured to any settlement without the insured's consent. If, however, the insured refuses to consent to a settlement recommended by the Company and elects to contest such claim or continue legal proceedings in connection therewith, the Company's liability shall be limited to the sum of the amount for which the claim could have been settled and all claims expense incurred up to the time of such refusal, which is in excess of the self -insured retention. The Company's duty to provide for the defense of the insured or to indemnify the insured, shall immediately terminate: if the limits of insurance of this endorsement become exhausted by payment of damages or claims expense or any combination thereof; or if the insured fails to fulfill its self -insured retention obligation as imposed by item V. SELF -INSURED RETENTION; or if the application attached hereto and made a part of this policy, ir'd-di- ^^ addendum or addenda thereto, contains any material misreprese Phhmgenadumd. REVIE &Appwvm Br. if any warranty contained in such application is breached; or ' A,.?g Aaav44 Risk Management Specs ist ECC-5696-0712 © 2018, Freberg Environmental, Inc.