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AE 00 H003 01 0621 © 2021, The Hartford Page 8 of 9 <br />13 OH 0881505-26 03/15/2026 <br />such rights, including the execution of any documents necessary to enable the Insurer to effectively bring suit in the <br />name of the Insured. The Insured shall do nothing to prejudice the Insurer’s position or any potential or actual rights of <br />recovery. If the Insured has waived its rights to recovery in a written contract or agreement executed prior to a Claim <br />being made, then the Insurer will waive its rights to subrogation to the same extent as the Insured’s waiver. <br />XVII. APPLICATION <br />(A)The Insured represents that the declarations and statements contained in the Application are true, accurate and <br />complete. This Policy is issued in reliance upon the Application. <br />(B)If the Application contains misrepresentations or misrepresentations that materially affect the acceptance of the <br />risk by the Insurer: <br />(1)no coverage shall be afforded under this Policy for any Insured who knew on the Inception Date of this Policy <br />of the facts that were so misrepresented, provided that knowledge possessed by any Insured Person shall not <br />be imputed to any other Insured Person; and <br />(2)knowledge possessed by any principal, partner, chief executive officer, chief operating officer, general counsel, <br />chief financial officer, risk manager, human resources director or any position equivalent to the foregoing of the <br />Insured Entity, or anyone signing the Application, shall be imputed to all Insured Entities. No other person’s <br />knowledge shall be imputed to an Insured Entity. <br />XVIII. ACTION AGAINST THE INSURER <br />Solely with respect to all Liability Coverage Parts: <br />(A)No action shall be taken against the Insurer unless there shall have been full compliance with all the terms and <br />conditions of this Policy. <br />(B)No person or organization shall have any right under this Policy to join the Insurer as a party to any Claim <br />against the Insured nor shall the Insurer be impleaded by the Insured in any such Claim. <br />XIX. ASSIGNMENT <br />Assignment of interest under this Policy shall not bind the Insurer without its consent as specified in a written endorsement <br />issued by the Insurer to form a part of this Policy. <br />XX. BANKRUPTCY OR INSOLVENCY <br />Bankruptcy or insolvency of any Insured shall not relieve the Insurer of any of its obligations under this Policy. <br />XXI. AUTHORIZATION OF NAMED ENTITY <br />The Named Entity shall act on behalf of all Insureds with respect to all matters under this Policy, including, without <br />limitation, giving and receiving of notices regarding Claims, cancellation, election of the Extended Reporting Period, <br />payment of premiums, receipt of any return premiums, and acceptance of any endorsements to this Policy. <br />XXII. CHANGES <br />This Policy shall not be changed or modified except in a written endorsement issued by the Insurer to form a part of <br />this Policy. <br />XXIII. ENTIRE AGREEMENT <br />Docusign Envelope ID: 9624BEFC-E18C-8094-83D4-B6529DE9F703