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POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY <br /> <br /> <br /> <br />Page 20 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 10 21 <br /> <br /> <br /> <br />recover such amount we shall honor the <br />decision of the court that is authorized <br />to hear the case. <br />However, we have the right to appeal <br />that decision. <br />Service of process for any such lawsuit <br />brought against us may be made upon us <br />by serving our President, or our <br />President's designee, at One Tower <br />Square, Hartford, Connecticut 06183, and <br />such person shall be authorized to <br />receive the papers on our behalf. <br />However, the "insured" may also serve <br />or send papers involving such lawsuit to <br />the Commissioner, Director or <br />Superintendent of Insurance for the state <br />in which the lawsuit is being filed. We <br />designate that appropriate officer, or that <br />person's successor, to mail a copy of <br />the papers to us. <br />For the State of California, service of <br />process for any such lawsuit brought <br />against us may be made upon: <br />CSC-Lawyers Incorporating Service <br />2730 Gateway Oaks Drive, Suite 100 <br />Sacramento, California 95833. <br />For the State of Rhode Island, service of <br />process for any such lawsuit brought <br />against us may be made upon: <br />Corporation Service Company <br />222 Jefferson Blvd., Suite 200 <br />Warwick, Rhode Island 02888. <br />13. Separation Of Insureds <br />Except with respect to the limits of <br />insurance, and any rights or duties <br />specifically assigned in this policy to the <br />"First Named Insured", this insurance <br />applies: <br />a. As if each "named insured" were the <br />only "named insured"; and <br />b. Separately to each "insured" against <br />whom a "claim" is made. <br />14. Transfer Of Control Of Defense <br />If the available limits of insurance are <br />used up, we will notify the "First Named <br />Insured" in writing of all outstanding <br />"claims" so that you can arrange to take <br />control of the defense. Before the <br />available limits of insurance are used up, <br />you may take over control of the <br />defense of any outstanding "claim" only <br />if we agree that you may take over such <br />defense. <br />We will take whatever steps are <br />necessary during a transfer of control of <br />defense of an outstanding "claim" to <br />continue that defense and avoid a default <br />judgment during such transfer. You agree <br />to repay the reasonable expenses we <br />incur for any such steps taken after the <br />available limit of insurance is used up. <br />When we take such steps, you agree that <br />we do not give up any rights. <br />15. Transfer Or Assignment Of This Policy <br />This policy may not be transferred or <br />assigned, except with our written <br />consent, or in the case of death of a <br />"named insured" that is an individual. <br />If such "named insured" dies, that <br />"named Insured's" rights and duties will <br />be transferred to that "named insured's" <br />legal representative but only while acting <br />within the scope of duties as such legal <br />representative. Until such legal <br />representative is appointed, anyone <br />having proper temporary custody of such <br />"named insured's" property will have <br />such "named insured's" rights and duties <br />but only with respect to that property. <br />16. Transfer Of Rights Of Recovery Against <br />Others To Us <br />If the "insured" has rights to recover <br />from others all or part of any payment <br />we have made under this policy, those <br />rights are transferred to us. The <br />"insured" must do nothing after the loss <br />to impair them, and under any <br />Contractors Indemnity For Design <br />Professional's Liability Coverage and any <br />Contractors Indemnity For Subcontractor's <br />Pollution Liability Coverage, no "named <br />insured" can agree in a contract or <br />agreement to: <br />a. Waive any "named insured's" right of <br />recovery against any "design <br />professional" or "specified sub- <br />contractor"; or <br />b. Limit the liability of the "design <br />professional" or "specified sub- <br />contractor" to a maximum amount <br />unless such limitation is an <br />"authorized agreed limitation of <br />liability". <br />At our request, the "insured" will bring <br />suit or initiate an alternative dispute <br />resolution proceeding to enforce those <br />rights or will help us enforce them. <br />We will apply any amounts recovered in <br />enforcing those rights of recovery in the <br />following order until the total amount <br />recovered is used up: <br />a. We will reimburse any person or <br />organization, including us or the <br />"insured", any amount that person or <br />organization has paid in excess of the <br />limits of insurance. <br />DocuSign Envelope ID: E0C7DD5C-4FA6-4C9E-85B9-3CA337445269