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Berkley Assurance Company Page 1 of 1 <br /> Responsible Entity Waiver of Subrogation Affirmation Endorsement <br /> In consideration of the premium paid, it is understood and agreed that Section XI.C. is deleted in its entirety and replaced with the <br /> following: <br /> C. Subrogation <br /> In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute <br /> and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary <br /> to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any <br /> amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our <br /> rights of subrogation under this Policy, to the extent such a waiver is required by a written contract with you executed prior to the <br /> Claim, against any of the following that is not a Responsible Entity:your clients,their parents or other affiliates, and your client's <br /> designees; and your co-participants in an entity for which your participation is insured under Definition 0.4. of this Policy. <br /> For Coverage A only,we will not subrogate against a Responsible Entity, provided it has maintained Recoverable Insurance, <br /> regardless of whether or not such Recoverable Insurance is exhausted or reduced. <br /> Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form.All other provisions of <br /> the Policy remain unchanged. <br /> Insured Policy Number <br /> ACCO Engineered Systems, Inc. PCADB-5029275-1025 <br /> Effective Date of This Endorsement Authorized Representative <br /> 10/01/2025 <br /> Policy Form: PERFORM-10001 (11-20) 37489-5029275-196432 20-PERFORM-10118(01-21) <br />