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<br />TCM-POL-001 (01/19) Page 15 of 16 <br />and the earned premium will be computed pro-rata. However, if the Insurer cancels because the Named <br />Insured has failed to pay a premium or Deductible when due, only 10 days written notice of cancellation will <br />be required. <br />3. This Policy will terminate on the effective date of the cancellation. Return of unearned premium is not a <br />condition of cancellation. Unearned premium will be returned as soon as practicable. <br />4. The Insurer will not be required to renew this Policy upon its expiration. If the Insurer elects not to renew this <br />Policy, the Insurer will mail to the Named Insured, at the address listed in Item 1. of the Declarations, written <br />notice of nonrenewal at least 30 days prior to the expiration date of this Policy. Any offer of renewal on terms <br />involving a change of Deductible, premium, Limit of Liability, or other terms and conditions shall not <br />constitute, nor be construed as, a failure or refusal by the Insurer to renew this Policy. <br />5. Proof of mailing of any notice of cancellation or nonrenewal shall be sufficient proof of notice. <br />E. Assignment of the Insured’s Interest <br />The interest of the Insured under this Policy is not assignable to any other person or organization, except with the <br />Insurer’s prior written consent. <br />F. Subrogation <br />If any payment is made under this Policy and there is available to the Insurer any of the Insured’s rights of <br />recovery against any other party, then the Insurer will maintain all such rights of recovery. The Insured will do <br />whatever is reasonably necessary to secure such rights and will not do anything after an incident or event giving <br />rise to a Claim or Loss to prejudice such rights. If the Insured has waived its right to subrogate against a third <br />party through written agreement made before an act, incident or event giving rise to a Claim or Loss has <br />occurred, then the Insurer will waive its rights to subrogation against such third party. Any recoveries will be <br />applied first to subrogation expenses, second to Loss paid by the Insurer, and lastly to the Deductible.Any <br />additional amounts recovered will be paid to the Named Insured. <br />G. Changes Made to this Policy <br />The terms and conditions of this Policy cannot be waived or changed except by specific written endorsement <br />issued by Insurer and made part of the Policy. <br />H. Application <br />The statements contained in the Application, and any and all attachments, constitute the representations of all <br />Insureds and are material. This Policy is issued and continued in force by the Insurer in reliance upon the truth, <br />accuracy and completeness of such representations, which are the basis of this Policy and current as of the date <br />of binding. Upon the binding of coverage, the Application and any and all attachments are incorporated in and <br />form a part of the Policy. <br />No knowledge or information possessed by any Insured shall be imputed to any other Insured, except for <br />material facts or information known to the person or persons who signed the Application. In the event of any <br />material untruth, misrepresentation or omission in connection with any of the particulars or statements in the <br />Application, this Policy shall be void with respect to any Insured who knew of such untruth, misrepresentation or <br />omission or to whom such knowledge is imputed. <br />I. False or Fraudulent Claims <br />If an Insured reports any Claim or Loss knowing such to be false or fraudulent, this Policy shall become void and <br />all insurance coverage hereunder shall be forfeited as to the inception date of this Policy. <br />J. Terms and Conditions of Policy Conformed to Statute <br />Where necessary, the terms and conditions of this Policy will be amended to conform to applicable law. <br />DocuSign Envelope ID: 028D978E-DF71-4D79-863D-8360D7144DD8