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POLICY #42-EPP-306878-07 C. Potential Claims Solely as respects Insuring Agreements A, B, C and DA., if, during the Policy Period, the Insured becomes aware of a circumstance that may reasonably be expected to be the basis of a Claim and if the Insured, during the Policy Period, provides the Insurer with a written report of the circumstance including: 1. When and how the Insured first became aware of such circumstance; 2. Any Wrongful Act or Pollution Incident asserted or believed to be at issue, and the Professional Services, Contractor Services, Media Activities or Technology Services involved in the circumstance; and 3. The nature of any potential Damages as well as the dates, persons and entities involved; then any Claim which is subsequently made against the Insured arising out of such circumstance will be deemed to have been made on the date the Insured received the written report of the circumstance. Notice of any subsequent Claim shall be given to the Insurer as soon as practicable in accordance with XII A. Notice of Claim. Except as otherwise provided in this Policy, all notices under any provision of this Policy shall be in writing and given by email, prepaid express courier or certified mail properly addressed to the appropriate party. Notice to the Insurer shall be given to the respective address shown in the Declarations. If notice is given as described above, it shall be deemed to be received and effective upon the date of transmittal, subject to proof of transmittal. XIII. Other Insurance and Subrogation A. Other Insurance All amounts payable under this Policy will be specifically excess of, and will not contribute with, any other valid and collectible insurance, including but not limited to project specific insurance, unless the other insurance is written specifically excess of this Policy. This Policy will not be subject to the terms of any other insurance policy. B. Subrogation 1. In the event of any payment under this Policy, the Insurer shall be subrogated to all of the Insureds' rights of recovery and the Named Insured shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents as may be necessary to enable the Insurer to effectively bring suit in the name of the Named Insured. The Insured shall do nothing to prejudice such rights. However, the Insurer hereby waives its subrogation rights against a client of the Insured or project owner to the extent that the Insured had, prior to the Claim or circumstance, entered into a written agreement to waive such rights. 2. In the event the Insurer recovers amounts it paid under this Policy the Insurer will have priority over the Insured in the allocation of recovered amounts. The Insurer will reinstate the applicable Limits of Liability of this Policy, less the Insurer's costs incurred in obtaining such recovery. Any amounts above the total payment by the Insurer plus cost of recovery shall be paid to the Insured. The Insurer assumes no duty to seek recovery of any amounts paid under this Policy. XIV. Extended Reporting Period A. Automatic Extended Reporting Period Page 14 1 EP-AEC-001-06/2016