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i POLICY NUMBER: MKLV5ENV105319 a. You must notify us in writing as soon as possible the specifics of the "claim" and the date received; and b. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summons, or legal papers received in connection with the "claim"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement, or defense of the "claim"; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply; and (5) Submit to examination under oath as often as reasonably required by us. 3. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, without our written consent. However,written consent is not required with respect to: a. "Crisis management costs" that have been reported in accordance with Insuring Agreement A.5. Crisis Management Costs; or b. "Emergency response costs" that have been reported and approved by us or our appointed representative by use of the emergency response hotline. 4. Notice to your insurance agent or broker does not constitute notice to us for purposes of the receipt of notice. D. Independent Counsel In the event the insured is entitled by applicable law to select independent counsel to defend a "claim" or "suit" at our expense, the attorneys' fees and all other expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the "claim"arose or the "suit" is being defended. Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competence including at least five years of experience in defending "claims" or "suits" similar to the one pending against the insured and to require such counsel have errors and omissions insurance coverage with a limit at least equal to this Policy's applicable Each Insuring Agreement Limit. With respect to any such counsel, the insured agrees that counsel will: 1. Respond timely and regularly to our request for information regarding the "claim"or"suit"; and 2. Provide regular status reports, budgets, case plans, and updates on significant developments. Furthermore, the insured may at any time, by the insured's written consent, freely and fully waive these rights to select independent counsel. E. Legal Action Against Us No person or organization has a right under this Policy to: 1. Join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. Sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial, but we will not be liable for "losses"that are not payable under the terms of this Policy or that are in excess of the applicable Limit Of Insurance. An agreed settlement means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative. F. Other Insurance If other valid and collectible insurance is available to the insured for"loss" we cover under this Policy, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2.below applies. If this insurance is primary: MEEI 0007 01 23 Page 14 of 22