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within three years after the final termination of this policy, insofar as they relate to the subject matter of this policy. <br /> C. Duties In The Event Of Occurrence, Claim Or Suit <br /> 1. You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim <br /> under this policy. This requirement applies only when such "occurrence" is known to any of the following: <br /> a. You or any additional insured that is an individual; <br /> b. Any partner, if you or an additional insured are a partnership; <br /> c. Any manager, if you or an additional insured are a limited liability company; <br /> d. Any"executive officer"or insurance manager, if you or an additional insured are a corporation; <br /> e. Any trustee, if you or an additional insured is a trust; or <br /> f. Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. <br /> This duty applies separately to you and any additional insured. <br /> To the extent possible, notice should include: <br /> a. How, when and where the "occurrence"took place; <br /> b. The names and addresses of any injured persons and witnesses; and <br /> c. The nature and location of any injury or damage arising out of the "occurrence"or"offense". <br /> 2. If a claim is made or"suit" is brought against any insured, you must: <br /> a. Immediately record the specifics of the claim or"suit" and the date received; and <br /> b. Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the "self-insured <br /> retention"or"underlying insurance", whichever applies. <br /> 3. You and any other involved insured must: <br /> a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with <br /> the claim or "suit" involving or likely to involve a sum in excess of any "self-insured retention" or "underlying <br /> insurance", whichever applies"; <br /> b. Authorize us to obtain records and other information; <br /> c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and <br /> d. Assist us, upon our request in the enforcement of any right against any person or organization which may be <br /> liable to the insured because of injury or damage to which this policy or any "underlying insurance" or "self- <br /> insured retention" may apply. <br /> 4. No insured will, except at that insured's own cost, make or agree to any settlement for a sum in excess of: <br /> a. The total limits of"underlying insurance"; or <br /> b. The"self-insured retention" if no"underlying insurance" applies without our consent. <br /> 5. No insureds will, except at that insured's own cost, make a payment, assume any obligation, or incur any <br /> expenses, other than first aid, without our consent. <br /> D. Assistance And Cooperation Of The Insured <br /> The"insured" shall: <br /> 1. Cooperate with us and comply with all the terms and conditions of this policy; and <br /> 2. Cooperate with any of the underlying insurers as required by the terms of the "underlying insurance" and comply <br /> with all the terms and conditions thereof. <br /> The "insured" shall enforce any right of contribution or indemnity against any person or organization who may be <br /> liable to the "insured" because of"bodily injury", "property damage" or"personal and advertising injury"with respect to <br /> this policy or any "underlying insurance". <br /> E. Legal Action Against Us <br /> No person or organization has a right under this policy: <br /> a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or <br /> b. To sue us on this policy unless all of its terms and those of the "underlying insurance" have been fully complied <br /> with. <br /> A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; <br /> but, we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the <br /> limit of liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the <br /> claimant or the claimant's legal representative. <br /> F. Appeals <br /> In the event the "insured" or the "insured's" underlying insurer elects not to appeal a judgment in excess of the <br /> Page 10 of 14 Form XL 00 03 09 16 <br />