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Artisan Subcontractors Professional Liability Coverage Part <br />WCLANE P0004 CW (05/20) Page 5 of 14 <br />Coverage is available for additional insureds solely under Insuring agreement C. Contractors <br />pollution liability for claims: <br />a.alleging a negligent act, error, or omission in construction activities performed by an <br />insured organization or on an insured organization’s behalf; and <br />b.that remain pending against an insured organization along with such additional insured. <br />There will be no coverage under this Coverage Part for any liability arising out of the sole <br />negligence of the additional insured. <br />IV.Defense and <br />settlement of <br />claims <br />Defense We have the right and duty to defend any covered claim, even if such claim is groundless, false, <br />or fraudulent. <br />We have the right to select and appoint counsel to defend you against a covered claim. <br />Settlement We have the right to solicit and negotiate settlement of any claim but will not enter into a <br />settlement without your consent, which you agree not to withhold unreasonably. If you withhold <br />consent to a settlement recommended by us and acceptable to the party who made the claim, <br />the most we will pay for that claim is the sum of: <br />1.the amount of our recommended settlement; <br />2.claim expenses incurred up to the date of our recommendation; <br />3.70% of all claim expenses incurred after our recommendation; and <br />4.70% of all damages in excess of the settlement amount recommended by us. <br />V.Your obligations <br />Notifying us of claims and <br />coverage enhancements <br />You must give written notice to us of any claim, or any other matter covered under Section II. <br />Coverage enhancements and sublimits, as soon as possible, but in any event, no later than 60 <br />days after the end of the policy period. <br />All such notifications must be in writing and include a copy of the claim or other covered matter, <br />and must be submitted to us via the designated email address or mailing address identified in <br />Item 6 of the Declarations. <br />Notifying us of potential <br />claims <br />You have the option of notifying us of potential claims that may lead to a covered claim against <br />you. <br />In order to do so, you must give written notice to us as soon as possible and within the policy <br />period, and the notice must, to the greatest extent possible, identify the details of the potential <br />claim, including identifying the potential claimant(s), the likely basis for liability, the likely demand <br />for relief, and any additional information about the potential claim we may reasonably request. <br />The benefit to you of notifying us of a potential claim is that if an actual claim arises from the <br />same circumstances as the properly notified potential claim, then we will treat that claim as if it <br />had first been made against you on the date you properly notified us of it as a potential claim, <br />even if that claim is first made against you after the policy period has expired. <br />All potential claim notifications must be in writing and submitted to us via the designated email <br />address or mailing address identified in Item 6 of the Declarations. <br />Retention Our obligation to pay damages, claim expenses, or any other covered amounts under this <br />Coverage Part is in excess of the applicable retention, which you must pay in connection with <br />each covered claim or other covered matter. <br />Policy #ANE2266438.22DocuSign Envelope ID: F0A3B2EE-E33F-4F23-BBF0-3EFDC539D263