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DocuSign Envelope ID:8B670D51-A7FD-4694-8E94-963553021305 <br /> CREDIT UNION ADVANTAGE ENDORSEMENT <br /> MANAGEMENT & PROFESSIONAL LIABILITY POLICY <br /> CONDITION <br /> Allocation <br /> The Allocation Condition in the Terms Conditions And Other Provisions is replaced with the following: <br /> If as a result of any "claim" the "insureds" who are covered for such "claim" under this Policy incur <br /> "loss" jointly with others, including any "insureds" who are not covered for such "claim" under this <br /> Policy, or the "insureds" incur an amount consisting of both "loss" covered by this Policy= and "loss" <br /> not covered by this Policy= because the "claim" includes both covered and uncovered matters, such <br /> amount shall be allocated between covered"loss" and uncovered"loss" based upon the following: <br /> a. 100% of "defense costs" incurred by the "insured" as a result of such "claim" shall be considered <br /> covered "loss," except for those related to an actual or alleged violation of the Fair Labor Standards <br /> Act (FLSA) (29 U.S.C. §201, et seq.), or any similar state or local laws, for a "claim" seeking pay for <br /> overtime or unpaid minimum wages; or <br /> b. All "loss" not described in paragraph a. above incurred by the "insured" as a result of such "claim" <br /> shall be allocated by the "insurance organization" between covered "loss" and uncovered "loss" <br /> based on the relative legal and financial exposures of the parties to covered and uncovered matters. <br /> If"loss" arising from a single "claim"is incurred and covered under more than one coverage made part <br /> of this Policy, such "loss" shall be allocated to each applicable coverage based upon the relative legal and <br /> financial exposures under each applicable coverage. To the extent such an allocation can not reasonably <br /> be made, such "loss" shall be covered, subject to all the limitations, exclusions, conditions, provisions <br /> and other terms of this Policy, under the applicable coverage in the following order: <br /> (1) Employment Practices Liability Coverage; <br /> (2) Any Professional Liability Coverage; <br /> (3) Entity Coverage in the Management Liability Coverage; <br /> (4) Reimbursement Coverage in the Management Liability Coverage; <br /> (5) Individual Coverage in the Management Liability Coverage; <br /> (6) Fiduciary Liability Coverage; then <br /> (7) Any other coverages under this Policy. <br /> SCM 09/30/2014 <br /> MPL 0102 07 13 CUMIS Insurance Society, Inc. Page 7 of 7 <br />