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ENV-CPL 00003 00 (02/12) Page 16 of 22 <br />Includes copyrighted material of Insurance Services Offices, Inc. with its permission. <br />17.Transfer of Rights of Recovery Against Others to Us <br />If you have rights to recover all or part of any payment we have made under this policy, those rights <br />are transferred to us. You must do nothing after loss to impair them. At our request, you will bring <br />suit or transfer those rights to us and help us enforce them. <br />However, we waive our right(s) of recovery against any person or organization if and to the extent you <br />have agreed to waive your right(s) of recovery against such person or organization in a writt en <br />contract signed by you prior to the first commencement of a pollution incident out of which the <br />claim or request for emergency response expense arises under Section I – Coverages, 1. Insuring <br />Agreement. <br />Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under <br />this policy shall accrue first to us to the extent of our payment under the policy, and then to you to the <br />extent of your deductible. Expenses incurred in such subrogation proceedings shall be apportioned <br />among the interested parties in the recovery in the proportion that each interested party’s share in the <br />recovery bears to the total recovery. <br />18.Transfer of Your Rights and Duties Under This Policy <br />Your rights and duties under this policy may not be transferred without our written consent, which <br />shall not be unreasonably withheld, except in the case of death of an individual Named Insured. <br />If you die, your rights and duties will be transferred to your legal representative but only while <br />acting within the scope of duties as your legal representative. Until your legal representative is <br />appointed, anyone having proper temporary custody of your property will have your rights and <br />duties but only with respect to that property. <br />19.When We Do Not Renew <br />If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations <br />written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is <br />mailed, proof of mailing will be sufficient proof of notice. <br />SECTION VI – DEFINITIONS <br />1.Auto means: <br />a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any <br />attached machinery or equipment. <br />b.Any other land vehicle that is subject to a compulsory or financial responsibility law in the state <br />where it is licensed or principally garaged. <br />However, auto does not include mobile equipment. <br />2.Bodily injury means bodily injury, physical injury, sickness, building-related illness, mental anguish, <br />shock or emotional distress or disease sustained by a person, including death resulting from any of <br />these at any time. Bodily injury damages shall include monetary awards or settlements of <br />compensatory damages and where allowable by law, punitive, exemplary, or multiple damages, and <br />civil fines, penalties, or assessments for bodily injury. <br />3.Claim means a demand seeking a remedy and alleging liability or responsibility on the part of the <br />insured. <br />Docusign Envelope ID: 03EC0D15-D674-4D12-9ED3-8A2C214EE218