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ECP 1200 03 22 Page 29 of 37 <br />16. Sole Agent <br />The first Named Insured shown in the Declarations shall act on behalf of, and serve as the sole agent for all insureds <br />with respect to the return or payment of any premiums or retained amounts, the issuance by the Company of the policy, <br />the receipt or acceptance of any Endorsements issued to form a part of the policy or the receiving of any notices from <br />the Company required by this policy. <br />17. Subrogation <br />In the event of any payment under this policy by the Company, the Company shall be subrogated to all of the rights of <br />recovery against any person or organization, and the insured shall execute and deliver instruments and papers and do <br />whatever else is necessary to secure such rights. The insured shall do nothing to prejudice such rights. <br />Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this policy shall <br />accrue first to the insured to the extent of any payments in excess of the limit of coverage; then to the Company to the <br />extent of its payment under the policy; and then to the insured to the extent of its deductible or self-insured retention. <br />Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery <br />in the proportion that each interested party’s share in the recovery bears to the total recovery. <br />18. Transfer of Policy <br />This policy shall be void if assigned or transferred without our written consent. <br />SECTION VIII - CANCELLATION AND NON-RENEWAL EFFECT ON EXTENDED REPORTING PERIODS; AND <br />EXTENDED REPORTING PERIODS APPLICABLE ONLY TO COVERAGE D.3 – THIRD PARTY CLAIM(S) FOR NON- <br />OWNED DISPOSAL SITE(S), COVERAGE D.5 – NAMED INSURED’S LOCATION(S) AND COVERAGE E – <br />PROFESSIONAL LIABILITY <br />1. CANCELLATION AND NON-RENEWAL EFFECT ON EXTENDED REPORTING PERIODS <br />a.The insured may be entitled to one or more Extended Reporting Periods, as described below if: <br />(1)This policy is cancelled or non-renewed, except if such cancellation or non-renewal is based upon any of the <br />following reasons: <br />(a)Non-payment of premium; <br />(b)Material misrepresentation or fraud by you; <br />(c)Material change in your covered operations or professional services, or the material change in the use <br />or operation of an insured location(s) from the use contemplated in the application and/or supporting <br />materials which results in a materially increased likelihood of frequency and/or severity of pollution <br />condition(s) or claim(s) without prejudice to other remedies; <br />(d)The insured’s failure to comply with the terms and conditions under this policy including the first Named <br />Insured’s failure to pay any deductible, self-insured retention or premium when due; <br />by mailing or delivering to the first Named Insured, at the last known address, written notice of cancellation at least <br />ten (10) days before the effective date of cancellation if we cancel for either reasons (a) or (b) above, or sixty (60) <br />days before the effective date of cancellation if we cancel for either reasons (c) or (d) above. Proof of mailing of <br />notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be <br />the end of the policy period. <br />(2)With respect to an insured location: <br />(a)There is a deletion of an insured location; or <br />(b)The sale, giving away, condemning, abandonment, leasing or subleasing unless the leasing or subleasing <br />has been approved in writing by the underwriter prior to the commencing of the leasing or subleasing of <br />such an insured location by you, or <br />(3)We renew or replace the coverage provided under Coverage D.3 – Third Party Claim(s) For Non-owned <br />Disposal Site(s), Coverage D.5 – Named Insured’s Location(s) or COVERAGE E – PROFESSIONAL <br />LIABILITY of this policy with insurance that: <br />(a)Has a retroactive date later than the date shown in the Declarations and/or shown on any subsequent <br />Endorsement or SCHEDULE; or <br />(b)Does not apply on a claims-made basis. <br />2. EXTENDED REPORTING PERIODS <br />With respect to Coverage D.3 – Third Party Claim(s) For Non-owned Disposal Site(s), Coverage D.5 – Named <br />Insured’s Location(s) and COVERAGE E – PROFESSIONAL LIABILITY: <br />a.An insured shall be entitled to an Automatic Extended Reporting Period, and the first Named Insured may be <br />entitled to purchase an Optional Extended Reporting Period upon cancellation or non-renewal of the policy, unless <br />cancellation or non-renewal is for one of the reasons set forth in Paragraph 1. CANCELLATION AND NON- <br />RENEWAL EFFECT ON EXTENDED REPORTING PERIODS above. The automatic and Optional Extended <br />Reporting Periods are more fully described in Paragraphs b. and c. below. <br />Docusign Envelope ID: 266F3365-7BEF-87AC-8198-E2103A9F8B36