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2. completing the application; 3. making statements, representations,and warranties; 4. remitting premium and receiving the return premium that may become due; 5. paying the Retention; and 6. exercising or declining to exercise any right under the policy. Policy Changes Notice to any agent of the Insurer or knowledge possessed by any such agent or by any other person will not effect a waiver or a change in any part of the policy and will not prevent or preclude the Insurer from asserting or invoking any right under or provision of the policy. None of the provisions of the policy will be waived, changed, or modified except by a written agreement and/or endorsement issued by the Insurer to form a part of the policy. Subrogation In the event of payment of Loss by the Insurer under the policy,the Insurer is subrogated to all of the insured's rights of recovery against any person or entity, including any rights to contribution from another insurer.The Insured warrants and agrees to execute and deliver instruments and papers and do whatever else is required by the Insurer to secure, prosecute,and collect on such rights.The Insured further warrants and agrees not to prejudice such rights. If, prior to any act, error,omission, incident,or event giving rise to a Claim or Loss,the Insured Entity has waived its rights to recovery against a third-party in any written contract or agreement,then the Insurer will waive its rights to subrogation against such person or entity to the same extent as the Insured Entity's waiver, provided such written contract or agreement was entered into prior to any such act,error, omission, incident, or event giving rise to the Claim or Loss. Any recovery obtained through subrogation,after expenses incurred in such subrogation are deducted by the Insurer,will be applied first to the Insured to the extent of any payments in excess of the limit of coverage, if any; then to the Insurer to the extent of its payment under the policy; and then to the Insured to the extent of its Retention. Action against the Insurer No action may be brought against the Insurer unless: 1. the Insured has fully complied with all of the terms, conditions, and other provisions of the policy; and 2. the Insured's obligation has been finally determined, either by judgment against the Insured after a trial and appeal or by written agreement by the claimant, Insured, and Insurer. No person or entity will have the right under the policy to: 1. join the Insurer or its agents and representatives as a defendant,co-defendant, or other party in any action against the Insured to determine the insured's liability; or 2. implead the Insurer or its agents and representatives in any such action. ES1000 (0225) 24