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3333 <br />costs and expenses) as a result of a costs and expenses) as a result of a ccllaaiimm arising solely out of an act committed by arising solely out of an act committed by yyoouu, , <br />provided that:provided that: <br />a.a.yyoouu contracted in writing to indemnify the contracted in writing to indemnify the tthhiirrdd ppaarrttyyy for the for the ccllaaiimm prior to it first prior to it first <br />being made against them; andbeing made against them; and <br />b.had the b.had the ccllaaiimm been made against been made against yyoouu, then , then yyoouu would be entitled to indemnity under would be entitled to indemnity under <br />this Policy.this Policy. <br />Before Before wwee indemnify any additional insured they must: indemnify any additional insured they must: <br />a.prove to a.prove to uuss that the that the ccllaaiimm arose solely out of an act committed by arose solely out of an act committed by yyoouu; and; and <br />b.fully comply with b.fully comply with CCOONNDDIITTIIOONN 11 as if they were as if they were yyoouu.. <br />Where we indemnify a third party as an additional insured under this Policy, this Policy will be <br />primary and non-contributory to the third party's own insurance, but only if you and the third <br />party have entered into a contract that contains a provision requiring this. <br />Where a third party is treated as an additional insured as a result of this Condition, any claim <br />made by that third party against you will be treated by us as if they were a third party and not <br />as an insured. <br />3.Agreement to pay claims (duty to defend) <br />We have the right and duty to take control of and conduct in your name the investigation, <br />settlement or defense of any claim. We will not have any duty to pay costs and expenses for <br />any part of a claim that is not covered by this Policy. <br />You may ask the claims managers to consider appointing your own lawyer to defend the <br />claim on your behalf and the claims managers may grant your request if they consider your <br />lawyer is suitably qualified by experience, taking into account the subject matter of the claim, <br />and the cost to provide a defense. <br />We will endeavor to settle any claim through negotiation, mediation or some other form of <br />alternative dispute resolution and will pay on your behalf the amount we agree with the <br />claimant. If we cannot settle using these means, we will pay the amount which you are found <br />liable to pay either in court or through arbitration proceedings, subject to the limit of liability. <br />We will not settle any claim without your consent. If you refuse to provide your consent to a <br />settlement recommended by us and elect to continue legal proceedings in connection with <br />the claim, any further costs and expenses incurred will be paid by you and us on a <br />proportional basis, with 50% payable by us and 50% payable by you. As a consequence of your <br />refusal, our liability for the claim, excluding costs and expenses, will not be more than the <br />amount for which the claim could have been settled. <br />CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority <br />TTeecchhnnoollooggyy vv44..11 <br />©1999-2024 CFC Underwriting Ltd, All Rights Reserved©1999-2024 CFC Underwriting Ltd, All Rights Reserved <br /> <br />