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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 />