PACIFIC INDUSTRIAL ELECTRIC (PACIFIC INTERNATIONAL ELECTRIC COMPANY INC.)

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payment pursuant to the Policy; and then to the "insured"to the extent of the "self-insured retention". Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party's share in the recovery bears to the total recovery. Notwithstanding the foregoing, the Insurer hereby waives its rights to subrogate against all clients of a "named insured"where such waiver is required by written contract or agreement executed between a"named insured"and such client prior to the relevant "claim" or discovery of a "wrongful act", "pollution condition" or "site environmental condition"to which this insurance applies. Coverage E. Notwithstanding the foregoing, and solely with respect to coverage afforded pursuant to Coverage E. of this Policy„ the "named insured" agrees to provide a written transfer to the Insurer any rights against other "responsible professionals" that the "named insured" obtains pursuant to Section VII., NOTICE AND COOPERATION, Subsection F., of this Policy if the "named insured" has reasonably elected not to pursue same in furtherance of its "affirmative claim". The"named insureds"agree not to do anything to prejudice those rights, F. Representations By accepting this Policy,the"first named insured"agrees that: 1. The statements in the Declarations, schedules and endorsements to, and Application for, this Policy are accurate and complete; 2. Those statements and representations constitute warranties that the "first named insured" made to the Insurer;and 3. This Policy has been issued in reliance upon the"first named insured's"warranties. G. Separation of Insureds Except with respect to the Limits of Liability, Cancellation condition 2.a., and any applicable exclusions, this Policy applies: x. As if each"named insured"were the only"insured";and 2. Separately to each"named insured"against whom a"claim"is made, and any fraud, misrepresentation, breach of a condition or violation of any duty (hereinafter Breach) by an "insured" shall not prejudice coverage for any "named insured" pursuant to this Policy, provided that: 1) such "named insured' did not participate in, know of or assist in such Breach; and 2) such "named insured" is not a parent, subsidiary, partner, member, director, officer of, employer of or otherwise affiliated with, the "insured" that committed such Breach. H. Other Insurance Coverage A. 1. If other valid and collectible insurance is available to any "insured" covering a "Ioss" also covered by this Policy, other than a policy that is specifically written to apply in excess of this Policy, the insurance afforded by this Policy shall apply in excess of and shall not contribute with such other insurance. Coverages B. and C. 2. If other valid and collectible insurance is available to any"insured"covering"loss"also covered by this Policy, this insurance shall apply as primary insurance. The Insurer's obligations are not affected unless any other applicable, unaffiliated insurance is also determined to be primary. In that event, the Insurer shall share with the insurer underwriting such other insurance by the method described in Paragraph 2.,below. 3. Method of Sharing if all of the other insurance permits contribution by equal shares, the Insurer shall follow this method also. Pursuant to this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares, the Insurer shall contribute by limits. Pursuant to this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. PF-498o8(10/17) Page 18 of 20 i