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Insurer as a party to any action against the Insureds to determine their liability, nor shall Insurer be impleaded <br /> by the Insureds or their legal representative. No change in, modification of, or assignment of interest under this <br /> Policy shall be effective except when made by a written endorsement to this Policy which is signed by an <br /> authorized representative of the Insurer. <br /> L. ENTIRE AGREEMENT <br /> By acceptance of this Policy,the Insureds agree that this Policy embodies all agreements existing between <br /> them and Insurer or any of their agents relating to this insurance. Notice to any agent or knowledge possessed <br /> by any agent or other person acting on behalf of Insurer shall not effect a waiver or a change in any part of this <br /> Policy or estop Insurer from asserting any right under the terms of this Policy or otherwise, nor shall the terms <br /> be deemed waived or changed except by written endorsement or rider issued by Insurer to form part of this <br /> Policy. <br /> M.ALLOCATION <br /> 1. In the event the Insurer has the duty to defend a Claim under any Coverage Section in which both Loss <br /> that is covered by the applicable Coverage Section and loss which is not covered by the applicable <br /> Coverage Section is incurred because such Claim includes both covered and uncovered matters or <br /> because such Claim is made against both covered and uncovered parties,where such parties are <br /> Insureds under this Policy, then: <br /> a. this Policy shall pay one hundred percent(100%) of such Costs, Charges and Expenses <br /> incurred by such Insured on account of such Claim; and <br /> b. the Insured and the Insurer shall use their best efforts to determine a fair and equitable allocation <br /> between covered Loss and uncovered loss based upon the relative legal and financial exposures <br /> and the relative benefits obtained. <br /> 2. In the event the Insured has the duty to defend a Claim under any Coverage Section in which both Loss <br /> that is covered by the applicable Coverage Section and loss which is not covered by the applicable <br /> Coverage Section is incurred, either because such Claim includes both covered and uncovered matters <br /> or because such Claim is made against both covered and uncovered parties,then the Insured and the <br /> Insurer shall use their best efforts to determine a fair and equitable allocation of any remaining loss on <br /> account of such Claim between covered Loss and uncovered loss based upon the relative legal and <br /> financial exposures and the relative benefits obtained. <br /> N. STATE AMENDATORY INCONSISTENT <br /> It is agreed that in the event there is an inconsistency between a state amendatory endorsement attached to this <br /> Policy and any term or condition of this Policy,then where permitted by law,the Insurer shall apply those terms <br /> and conditions of either the amendatory endorsement or the Policy which are more favorable to the Insured. <br /> E KS-1 A(06/13) 12/23/2024-Page 5 of 5 <br /> r.,I Nationwide <br /> _ , <br />