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Berkley Assurance Company Page 1 of 1 Responsible Entity Waiver of Subrogation Affirmation Endorsement In consideration of the premium paid, it is understood and agreed that Section XI.C. is deleted in its entirety and replaced with the following: C. Subrogation In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery thereof. You shall execute and deliver all requested instruments and papers in furtherance of such rights to us and do whatever else is reasonably necessary to secure such rights. You shall do nothing to waive or prejudice such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost to us of recovery shall be paid to you. However, we waive our rights of subrogation under this Policy, to the extent such a waiver is required by a written contractwith you executed priorto the Claim, against any of the following that is not a Responsible Entity: your clients, their parents or other affiliates, and your client's designees; and your co -participants in an entity for which your participation is insured under Definition 0.4. of this Policy. For Coverage A only, we will not subrogate against a Responsible Entity, provided it has maintained Recoverable Insurance, regardless of whether or not such Recoverable Insurance is exhausted or reduced. Whenever printed in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. Insured Number EMCORGroup, Inc TPolicy CAB-5026259-1024 Effective Date of This Endorsement P�U-thorized Representative 10/31/2024 Policy Form: PERFORM-10002 (11-20) 37489-5021542-132351 23 - PERFORM-10118 (01-21)