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POLICY NO. PAAEP0102507 Insurer in investigating or settling any Claim or in the Insured's defense of any Claim, nor shall the Deductible apply to any such loss of earnings, fees, costs or expenses. C. However, the above condition does not apply to reasonable costs incurred, with the express written consent of the Insurer, in securing the co-operation of former principals, partners, officers, directors, members, shareholders, trustees or employees of the Named Insured in the defense of a Claim. 12. ADMISSION OF LIABILITY The Insured shall not, without the prior written consent of the Insurer, incur any expenses, including but not limited to forgoing or reducing any compensation due or alleged to be due, or make any other payment, assume any obligation, settle or offer to settle, attempt any remedial measure or in any way admit or acknowledge liability in connection with any Claim or potential Claim. 13. NO ACTION AGAINST INSURER A. No action shall lie against the Insurer or their representatives unless, as a condition precedent thereto, the Insured shall have fully complied with all the terms and conditions of this Policy, or until the amount of any Damages has been finally determined either by operation of law or by written agreement of the Insured, the claimant and the Insurer. B. Nothing contained in this Policy shall give any person or organization any right to join the Insurer as a defendant or co-defendant or other party in any action against the Insured to determine the Insured's liability. 14. OTHER INSURANCE This Policy shall apply in excess of: A. any other valid and collectible insurance available to any Insured, including, but not limited to, any project specific professional liability and/or contractors pollution liability insurance; and B. any self insured retention or deductible portion thereof; unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy. 15. CHANGES None of the Insuring Agreements, Exclusions, Definitions or other terms and conditions of this Policy shall be amended, waived or otherwise changed except by endorsement hereto signed by the Insurer. 16. NAMED INSURED AS AGENT The first Named Insured specified in Item 1. of the Declarations shall be considered the agent of all Insureds with respect to the giving of or receipt of all notices pertaining to this Policy and shall be responsible for the payment to the Insurer of all premiums and for payment of the Deductible. 17. SUBROGATION 05 AEP0055 00 05 15 Page 18 of 21