PYRAMID GROUP INTERNATIONAL, INC. (5)

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Any of the foregoing actions by the insured shall Company's rights. D. SUBROGATION Contractors Pollution Liability Policy be deemed to materially prejudice the If the Company pays an amount hereunder as damages, claims expense, or as any payment under Section I.B., Supplementary Coverages and Payments, or any combination thereof, it shall be subrogated to all of each insured's rights of recovery against any person, firm or organization. All insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No insured shall waive or prejudice such rights either prior or subsequent to any claim. E. ACCEPTANCE By acceptance of this Policy, the named insured hereby confirms that all provisions hereof, including all endorsements and the application attached hereto and made a part of this Policy, embody all agreements existing between the named insured and the Company and supersede any prior agreements, whether expressed or implied. F. MITIGATION The named insured shall make all reasonable efforts to abate, stop, prevent, or reduce the damages emanating from any pollution condition resulting directly or indirectly from any operations performed by any insured. It is agreed that these efforts shall commence immediately upon discovery or notice of the pollution condition by any insured. These efforts must include mitigating, alleviating or otherwise limiting the damages which could result from the pollution condition. Such efforts must be undertaken even in the absence of a claim. G. NO ACTION AGAINST COMPANY No action shall lie against the Company unless, as a condition precedent thereto, each insured has fully complied with all the provisions of the Policy, or until the amount of the named insured's obligation to pay has been finally determined either by written agreement of the named insured, the claimant and the Company or by final judgment against the named insured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or, if an appeal has been taken, then until after such appeal has been determined. H. AUDIT The Company shall have the right to examine or audit all financial records of the named insured, for the purpose of ascertaining the accuracy of the income or revenue stated in the application. NONRENEWAL The Company may non -renew this policy by mailing or delivering to the named insured at the address stated on the Declarations Page written notice of nonrenewal at least thirty (30) days before the expiration date of this policy. The Company shall have the right to offer renewal policy terms, conditions, or premium amounts different than those ^ offo^* ^^^''^ RWEW &APPROv®BY: A41U Ac"44 ®' RM Management Specialist renewal, this does not constitute non -renewal. J. APPLICATION IS INCORPORATED INTO, AND IS PART OF POLICY © Freberg Environmental Inc, 2000 All rights reserved. Ll'U_6i I -UI IL