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DocuSign Envelope ID:656DF690-72BC-42BC-9E47-7038084D8FFA <br /> f: <br /> Healthcare Professional Liability <br /> Damage"means: <br /> A. physical injury to or destruction of tangible property, including the loss of use thereof at any time <br /> resulting therefrom; <br /> B. loss of use of tangible property which has not been physically injured or destroyed;or <br /> C. economic loss,whether or not resulting from physical injury or damage to person or property,except if <br /> such loss was caused,or alleged to have been caused,in whole or part,by anti-trust,price-fixing,restraint <br /> of trade or unfair business practices by any Insured; <br /> "Suit" includes lawsuits and arbitration proceedings to which the Insured is required to submit to or which <br /> the Insured has submitted with the Company's consent. <br /> X. CONDITIONS <br /> A. ASSISTANCE AND COOPERATION OF INSURED IN THE EVENT OF CLAIM OR SUIT <br /> Upon the Insured becoming aware of any Incident which could reasonably be expected to be the basis of <br /> a Claim covered hereby,written notice shall be given by the Insured to the Company together with the <br /> fullest information obtainable. If Claim is made or Suit is brought against the Insured,the Insured shall <br /> as soon as practicable forward to the Company every demand,notice,summons or other process received <br /> by the Insured or the Insured's representative. The Insured shall cooperate with the Company, and <br /> upon the Company's request, assist in making settlements,in the conduct of Suits and in enforcing any <br /> contribution or indemnity against any person or organization that may be liable to the Insured because of <br /> Damages with respect to which this insurance applies. The Insured shall attend hearings and trials and <br /> assist in securing and giving evidence and obtaining the attendance of witnesses; and the Company shall <br /> reimburse the Insured for reasonable expenses incurred at the Company's request.The Insured shall not, <br /> except at the Insured's own cost, voluntarily make any payments, assume any obligation or incur any <br /> expense. <br /> B. ASSIGNMENT <br /> The interest of any Insured is not assignable. If any Insured shall die or be adjudged incompetent, this <br /> insurance shall thereupon terminate for such person but shall cover the Insured's legal representative as <br /> the Insured with respect to liability previously incurred and covered by this insurance. Pro-rata return <br /> premium will be computed from the date of termination. <br /> C. ACTION AGAINST COMPANY <br /> No action shall lie against the Company unless,as a condition precedent thereto,there shall have been full <br /> compliance with all the terms of this policy,but not until the amount of Insured's obligation to pay shall <br /> have been finally determined either by judgment against the Insured after actual trial or by written <br /> agreement of the Insured,the claimant and the Company. <br /> D. OTHER INSURANCE <br /> If there is other valid insurance (whether primary, excess, contingent or self-insurance) which may apply <br /> against a loss or claim covered by this policy, the insurance provided hereunder shall be deemed excess <br /> insurance over and above the applicable limit of all other insurance or self-insurance. <br /> When this insurance is excess,the Company shall have no duty under this policy to defend any Claim or <br /> Suit that any other insurer or self-insurer has a duty to defend. If other insurer or self-insurer refuses to <br /> • 10 <br /> HCPL-2026(Ed. 11/09) <br />