a. any Insured who is a natural person and who knew the facts misrepresented or the omissions,
<br /> whether or not such individual knew of the Application, such materials, or this Policy;
<br /> b. any Company to the extent it indemnifies any Insured referred to in subsection a. above; and
<br /> c. any Company or any other entity that is an Insured, if any past or present chief executive officer,
<br /> chief financial officer, general counsel or risk manager of the Parent Company knew the facts
<br /> misrepresented or the omissions,whether or not such individual knew of the Application, such
<br /> materials, or this Policy.
<br /> With respect to any statement, representation or information contained in the Application, or in the materials
<br /> submitted or required to be submitted therewith, and solely with respect to the above exclusion, no knowledge
<br /> possessed by any Insured who is a natural person shall be imputed to any other Insured who is a natural
<br /> person.
<br /> E. CANCELLATION
<br /> 1. By acceptance of this Policy,the Insureds hereby confer to the Parent Company the exclusive power
<br /> and authority to cancel this Policy on their behalf. The Parent Company may cancel this Policy in its
<br /> entirety or any of the applicable Coverage Sections individually by surrender thereof to the Insurer, or by
<br /> mailing written notice to the Insurer stating when thereafter such cancellation shall be effective. The
<br /> mailing of such notice shall be sufficient notice and the effective date of cancellation shall be the date the
<br /> Insurer received such notice or any later date specified in the notice, and such effective date shall
<br /> become the end of the Policy or applicable Coverage Section. Delivery of such written notice shall be
<br /> equivalent to mailing.
<br /> 2. This Policy may be cancelled by the Insurer only for nonpayment of premium, by mailing written notice to
<br /> the Parent Company stating when, not less than ten (10) days thereafter, such cancellation shall be
<br /> effective, except that non-payment of premium due at inception of this Policy will result in the policy being
<br /> cancelled effective as of the inception date. The mailing of such notice shall be sufficient notice and the
<br /> effective date of cancellation stated in the notice shall become the end of the Policy Period. Delivery of
<br /> such written notice by the Insurer shall be equivalent to mailing. If the foregoing notice period is in conflict
<br /> with any governing law or regulation,then the notice period shall be deemed to be the minimum notice
<br /> period permitted under the governing law or regulation.
<br /> 3. If this Policy or any Coverage Section is cancelled,the Insurer shall retain the pro rata proportion of the
<br /> premium therefore. Payment or tender of any unearned premium by Insurer shall not be a condition
<br /> precedent to the effectiveness of cancellation.
<br /> F. ESTATES, LEGAL REPRESENTATIVES,SPOUSES AND DOMESTIC PARTNERS
<br /> The estates, heirs, legal representatives, assigns, spouses and Domestic Partners of natural persons who are
<br /> Insureds shall be considered Insureds under this Policy; provided, however, coverage is afforded to such
<br /> estates, heirs, legal representatives, assigns, spouses and Domestic Partners only for a Claim arising solely
<br /> out of their status as such and, in the case of a spouse or Domestic Partner,where the Claim seeks damages
<br /> from marital community property,jointly held property or property transferred from the natural person who is an
<br /> Insured to the spouse or Domestic Partner. No coverage is provided for any Wrongful Act of an estate, heir,
<br /> legal representative, assign, spouse or Domestic Partner.All of the terms and conditions of this Policy
<br /> including,without limitation,the Retentions and Deductibles applicable to Loss incurred by natural persons who
<br /> are Insureds shall also apply to Loss incurred by such estates, heirs, legal representatives, assigns, spouses
<br /> and Domestic Partners.
<br /> G. AUTHORIZATION CLAUSE
<br /> By acceptance of this Policy,the Parent Company agrees to act on behalf of all Insureds, and the Insureds
<br /> agree that the Parent Company will act on their behalf, with respect to the giving of all notices to Insurer,the
<br /> receiving of notices from Insurer,the agreement to and acceptance of endorsements,the payment of the
<br /> premium and the receipt of any return premium.
<br /> E KS-1 A(06/13) 12/23/2024-Page 3 of 5 '
<br /> r.,I Nationwide
<br /> _ ,
<br />
|