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Do u 9 nEnvelope ID: B368014E- 9 -48D K -Bl44 EyDF6E9FA4E2
<br />146 eY Page 3
<br />E Except as respects the cost of defense provided under paragraph B and the premium on any bond furnished under
<br />paragraph C, the Company's Uabu4 is limited as follows: Regardless of the number of (a) insureds or interests named in this
<br />contract or any endorsement or (b) persons or organizations who sustain damages or (c) claims made orsuits broughton account of
<br />such injury or damage, or (d) the imposition ofprejudgment interest on any final adjudication against the insured, the Company's
<br />totalliabilityfor damages including prejudgment interestshall not exceed the stated amount per claim filed for any one incidence
<br />and, subject to the same limit per claim filed for each incidence, the Company's total liability during any one policy year shall not
<br />exceed the stated annual aggregate.
<br />Furthermore, for thepurpose of determining the Company's liability, the followingshall be considered as arising from one
<br />incident:
<br />a) all 4uryresulting from a series of acts or omissions in rendering professional services to one person and
<br />b) all injury arising out of continuous or repeated exposure to substantially the same general conditions.
<br />F In the event of either nonrenewal or cancellation of this contract by either party, (except as described in G orHhelow), the
<br />Company guarantees to offer, subject to its then current rules, rates, forms and procedures, and through its normal bulling and
<br />premium collection procedures, an "extension contract." This contractshall extendthe time that claims, which would otherwise be
<br />covered, may be fled and reported to the Company. This extension shall be valid throughout the Insured's lifetime and thereafter
<br />until the Insured's estate is closest: The Insured may accept the Company's offer of this "extension contract" by payment of the
<br />properpremuum within 30 days of su ch billing. Lack of paymentwithin the specif ed 30 day period will be deemed a rejection of such
<br />offer.
<br />G If after being continuously insuredfor a minimum of S years, should the Insured die or become totally disabled as a result
<br />of accident or sickness, the Company further agrees to waive any premium that would be normally due for the "extension contract"
<br />guaranteed to be offered in Insuring Agreement Y ".
<br />The term "totally disabled" shallmean that thelnsured is permanently, wholly and continuously disabled and prevented from
<br />performing any and every duty pertaining to his prafession and es under the regular care and attendance of a legally qualified
<br />physician other than himself.
<br />H If, at any time afterreaching age 65, and havingbeen continuously insured by the Company on a claims -made basisfor the
<br />previous 10years, the Insured elects to retire from his profession, the Company will offer the "extension contract" described above,
<br />and will waive any and allpremlum charges normally associated with such "extension."
<br />I After being continuously insured by the Company on a claims -made basis for 20 years, the Insured will be eligible to
<br />receive, at no premium charge, a►t "extension contract "for his past 20 years of claims -made coverage.
<br />J In any event, the limits of coverage offered in G, Hand I above may not exceed the lowest limits purchased by the Insured
<br />during the five policy years immediately preceding disability or retirement:
<br />Upon the following conditions.
<br />I The Insured shall notify the Company, at its General Offices, Fort Wayne, Indiana, or its agent, as soon as possible, of any
<br />threatened claim, with full information relative to the services rendered, and in event such claim is fled in courtshall immediately
<br />forward any and all summons or process served together with the origin al or a copy of arty and all oth er papers relating to said claim.
<br />2 The Insuredshall not (a) make any holdharmless agreements or contract any expense nor voluntarily assume any liability in
<br />any situation nor (b) make or contract any settlement of a claim hereunder, except at his own cost and responsibility, without the
<br />written authorization of the Company. The Insured shall at all fumes fully cooperate with the Company in any claim hereunder and
<br />shall attend and assist in the preparation and trial of any such claim.
<br />3 The Insured shall be authorized topractice its profession under the laws of the State or States in which it operates.
<br />I Other insurance - ---The insurance afforded by this policy isprimary insurance, except when stated to apply in excess of or
<br />contingentupon theabsence ofother insurance. When this insurance is primary andthelnsured has other insurance which is stated
<br />to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this policy shall not be
<br />reduced by the existence of such other insurance,
<br />When both this insurance and other insurance apply to the loss on the same basis, whetherprimary, excess or contingent, the
<br />Company shalt not be liable under this policy for a greater proportion of such loss than the applicable limit of liability under this
<br />policy for such loss bears to the total applicable limit of liabd * of all valid and collectible insurance againstsueh loss.
<br />S No action shall be maintain ed against the Company to recover a loss covered by this policy unless brought after the amount
<br />of such loss sh all have been fixed either by a final judgment against the Insured by the court of last resort after trial of the issue or
<br />by agreement between the parties with the written consent of the Company and unless brought within two years and one day after
<br />such ju dgment or written agreement, exceptth at; if such period is in conflict with the statutes of the state wherein this policy is issued,
<br />it is hereby amended to conform with such statutes. Anyperson or his legal representative who has secured such judgment er written
<br />agreement shall thereafter be entitled to recover under the terms of this policy in the same manner and to the same extent as the
<br />Insured Nothing contained in this policy shall give any person or organization any right to join the Company as a codefendant in
<br />any action against the Insured to determine the Insured's duabU*. Bankruptcy or insolvency of the Insured shall not relieve the
<br />Company ofany ofits obkgationshereunder.
<br />6 The interest of the Insured under this policy shall not be assignable to any other person.
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