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pursuant to a written agreement,to waive its rights of recovery against such customer or client prior to <br /> the occurrence of any Wrongful Act or Pollution Condition. <br /> C. Representations and Severability of the Application <br /> The Insureds represent and acknowledge that the statements, representations, and information <br /> contained in the Application are true and complete, are deemed to be incorporated into and a part of <br /> this Policy as if physically attached hereto, and that this Policy has been issued in reliance on the truth <br /> and completeness of such statements, representations, and information. <br /> In the event the Application contains any untrue or incomplete statement or any omission, and such <br /> statement or omission either was made with the intent to deceive or materially affected either the <br /> acceptance of the risk or the hazard assumed by the Insurer,then this Policy shall not provide coverage <br /> for any Claim arising from the facts that were untrue or incomplete with respect to any Insured Person <br /> who had knowledge of the true facts, or any Company and its Subsidiaries if a principal, partner, <br /> officer, director, or organizational equivalent of such Company had knowledge of the true facts, <br /> whether or not such Insured Person or principal, partner, officer, director, or organizational equivalent <br /> of such Company knew the Application contained such untrue or incomplete statement or omission. <br /> D. Otherinsurance <br /> This Policy shall be in excess of the amount of the applicable Self-Insured Retention of this Policy and <br /> excess of any other insurance or indemnification available to the Insured, whether such insurance or <br /> indemnification is collectible or uncollectible, and whether such insurance is stated to be primary, pro <br /> rata, contributory, excess, contingent, or otherwise, unless such other insurance is written only as <br /> specific excess insurance over the Limits of Liability provided in this Policy. <br /> E. Changes <br /> Notice to any agent or knowledge possessed by any agent or other person acting on behalf of the <br /> Insurer shall not affect a waiver or a change in any part of this Policy or estop the Insurer from <br /> asserting any right under the terms of this Policy, nor shall the terms of this Policy be waived or <br /> changed, except by written endorsement issued by the Insurer and made a part of this Policy. <br /> F. Assignment <br /> Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed in <br /> writing hereon. <br /> G. Policy Termination <br /> 1. Cancellation <br /> a. The Named Insured may cancel this Policy during the Policy Period by giving prior written <br /> notice to the Insurer stating when such cancellation shall take effect. <br /> b. The Insurer may cancel this Policy: <br /> Endurance American Specialty Insurance Company Page 22 of 24 DPL 20010120 <br /> 88114388 1 25-26 GL-AL-€r-wc-PL I Sherry Young 1 12/2/2025 5:37:04 AM (2ST) I page 11 of 11 <br />