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LANDMARK AMERICAN INSURANCE COMPANY <br /> This Endorsement Changes The Policy. Please Read /t Carefully. <br /> ADDITIONAL INSURED ENDORSEMENT <br /> WITH WAIVER OF SUBROGATION AND <br /> PRIMARY/NONCONTRIBUTORY WORDING <br /> This endorsement modifies insurance provided under the following: <br /> CY TECH CONFIDENTIAL PROFESSIONAL LIABILITY COVERAGE FORM CLAIMS MADE AND REPORTED <br /> BASIS <br /> 1. In consideration of the premium charged, the following is added as an Additional Insured: <br /> Any person or organization to whom or to which the Named <br /> Insured is obligated by virtue of a written contract or by the <br /> issuance or existence of a written permit, to provide insurance <br /> such as is afforded by this policy. <br /> 2. It is also agreed that the policy does not apply to: <br /> a. Claims by an Additional Insured against the Named Insured; <br /> b. Claims that include allegation or facts indicating sole liability on the part of an Additional Insured. <br /> 3. It is also agreed that Part VIII. Conditions, Section E. Subrogation is deleted in its entirety and replaced <br /> with the following: <br /> E. Subrogation <br /> In any Event or Claim under this Policy, the Company shall be subrogated to all the Insureds' rights <br /> of recovery against any person or organization, and upon request, each Insured shall execute and <br /> deliver instruments and papers, and do whatever else is necessary, to secure such rights. The <br /> Insureds shall do nothing after any Event, Claim, or loss to prejudice such rights. <br /> However, the Company will waive any right of recovery it may have against the person or organization <br /> shown above because of payment the Company makes for Damages or Claims Expenses arising out <br /> of a covered Claim or covered Event in the performance of Professional Services by the Insured <br /> under a written contract with that person or organization. This waiver applies only to the person or <br /> organization shown above. <br /> 4. It is also agreed that Part VIII. Conditions, N. Other Insurance is amended to include the following: <br /> Primary and Noncontributory Insurance <br /> This insurance is primary to and will not seek contribution from any other insurance available to the <br /> Additional Insured listed above provided that: <br /> (1) The Additional Insured is a Named Insured under such other insurance; and <br /> (2) The Insured has agreed in writing in a contract or agreement that this insurance would be primary <br /> and would not seek contribution from any other insurance available to the Additional Insured. <br /> All other terms and conditions of this policy remain unchanged. <br /> This endorsement effective 6/13/2024 <br /> Forms part of Policy Number LCY858672 <br /> Issued to ACP AVENU HOLDINGS, L.P. <br /> by Landmark American Insurance Company <br /> Endorsement No.: 03 <br /> RSG 55019 0219 <br />