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00 Marsh Marsh Specialty 509 B0509FINPA2450112 Page 28 of 93 CTB Assured to be specifically excess of this Policy. However, to the extent that Damages and Claims Expenses would be covered by the to rms and conditions of this Policy but excluded or limited by such other insurance, this Policy, subject to its terms, conditions, exclusions and limitations, including the Retention, shall be primary to such other insurance with respect to the excluded or limited Damages and Claims Expenses. It is agreed that Damages and Claims Expenses insured by any project specific insurance will satisfy the Retention of this Policy, subject to the amount paid by the project specific insurance is not less than the Retention of this Policy 7.CHANGES None of the Insuring Agreements, Exclusions, Definitions or Conditions or other terms of this Policy shall be amended, waived or otherwise changed except by endorsement hereto signed by the Insurers. 8. NAMED ASSURED AS AGENT The first Named Assured specified in Item 1 of the Declarations shall be considered the agent of all Assureds with respect to the giving of or receipt of all notices pertaining to this Policy and shall be responsible for the payment to the Insurers of all premiums and for payment of the Retention. 9. PREMIUM The premium for this Policy shall be the amount specified in Item 5 of the Declarations. 10. SUBROGATION In the event of any Claim under this Policy, the Insurers shall be subrogated to all of the Assured's rights of recovery against any person or entity, and the Assured shall execute and deliver to the Insurers any and all necessary documentation, instruments and records and do whatever else is necessary to secure and enforce such rights. The Assured shall take no action after such Claim is made against it which prejudices such rights of Insurers. The Insurers agree to waive their rights of recovery against any client of the Named Assured for a Claim to the extent the Named Assured had, prior to such Claim, a written agreement to waive such rights. 11. ASSIGNMENT No assignment or transfer of any Assured's rights under this Policy shall bind the Insurers. If an Assured shall die or be adjudged incompetent, such insurance shall cover that Assured's legal representative as an Assured as would be permitted by this Policy. 12. MERGERS AND ACQUISITIONS In the event that the Named Assured: a) acquires any other entity or acquires substantially all the assets of another entity, or b) merges with another entity such that the Named Assured is the surviving entity, 92 MT7410064/a0 WINPA 450112 Marsh Limited p 8064 loll R��R 4i1 A business of Marsh McLeman