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ENV-CPL 00003 00 (02/12) Page 13 of 22 <br />Includes copyrighted material of Insurance Services Offices, Inc. with its permission. <br />g.If we are prohibited under applicable law from investigating, defending or settling any such claim <br />or suit, the insured shall, under our supervision, arrange for such investigation and defense <br />thereof as is reasonably necessary, and subject to our prior authoriz ation, shall effect such <br />settlement thereof. <br />7.Economic and Trade Sanctions <br />If coverage for a claim or suit under this policy is in violation of any United States of America <br />economic or trade sanctions, including but not limited to, sanctions administered and enforced by the <br />United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then coverage for <br />that claim or suit will be null and void. <br />8.Headings <br />The descriptions in the headings and sub-headings of this policy are inserted solely for convenience <br />and do not constitute any part of the terms or conditions of this policy. <br />9.Independent Counsel <br />In the event the insured is entitled by law to select independent counsel to oversee our defense of <br />a suit or claim at our expense, the attorneys’ fees and all other litigation expenses we must pay <br />to that counsel are limited to the rates we actually pay t o counsel we retain in the ordinary course <br />of business in the defense of similar claims or suits in the community where the claim or suit <br />arose or is being defended. <br />Additionally, we may exercise the right to require that such counsel have certain minimum <br />qualifications with respect to their competency including experience in defending claims or suits <br />similar to the one pending against the insured and to require such counsel have errors and <br />omissions insurance coverage. As respects any such counsel, the insured agrees that counsel will <br />timely respond to our requests for information regarding the claim or suit. <br />Furthermore, the insured may at any time, by the insured’s signed consent, freely and fully waive <br />these rights to select independent counsel. <br />10.Inspections and Surveys <br />a.We have the right to: <br />(1)Make inspections and surveys at any time of books, records, services, properties and activities as <br />far as they relate to the subject matter of this policy, and monitor and audit; <br />(2)Give you reports on the conditions we find; and <br />(3)Recommend changes. <br />b.We are not obligated to make any inspections, surveys, reports or recommendations and any <br />such actions we do undertake relate only to insurability and the premiums to be charged. We do <br />not make safety inspections. We do not undertake to perform the duty of any person or <br />organization to provide for the health or safety of workers or the public. We do not warrant that <br />conditions: <br />(1)Are safe or healthful; or <br />Docusign Envelope ID: 03EC0D15-D674-4D12-9ED3-8A2C214EE218