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O. RETENTION AMOUNT AND CO-PAYMENT AMOUNT
1. The Each Loss Retention Amount, if any, as set forth in the Declarations is the amount of each Loss that is
to be borne by you with respect to each and every Loss to which this Policy applies.
2. The Co-payment Amount, if any, as set forth in the Declarations applies to each Loss after application of the
Each Loss Retention Amount.
3. The Retention Aggregate Amount as set forth in the Declarations is the amount that is to be borne by you
under all Each Loss Retention Amounts and Co-payment Amounts for all Loss to which this insurance
applies.
4. The Maintenance Retention Amount, if any, as set forth in the Declarations is the amount of each Loss that is
to be borne by you in excess of the Retention Aggregate Amount and only applies after the Retention
Aggregate Amount has been fully exhausted. In no event shall the amount on any one Loss to be borne by
you exceed the Maintenance Retention Amount.
5. Your rights and duties in the event of a Default apply irrespective of the application of the Each Loss
Retention Amount and Co-payment Amount, the Retention Aggregate Amount or the Maintenance Retention
Amount.
P. RIGHT OF RECOVERY
In the event of any payment by us under this Policy, we shall, to the extent of such payment, be assigned all of
your rights of recovery or other remedies against any persons or organizations with respect to such payment.
1. Unless otherwise agreed to by the parties, we shall, at our option, pursue all recovery actions.
a. Subject to Subsection III.M. you must take all reasonable steps to preserve our rights of recovery for the
Loss against any such persons or organizations. You shall do nothing to prejudice such rights.
b. You must cooperate with us in the investigation, settlement, or defense of any claim or suit; and you must
assist us, upon reasonable request, in the enforcement of any right against any person or organization
that may be liable to you because of Loss to which this insurance applies, including but not limited to
filing any claims and enforcing any claims, liens or security interest against a Subcontractor, its property
or any guarantor or other person or entity providing any recourse or assurance in respect of the
obligations of the Subcontractor arising from a Contract.
2. After payment of the Loss, any such funds or salvage recovered will be paid to us and shared between you
and us as follows:
a. First, we will be fully reimbursed for our costs of recovery.
b. Second, we will be fully reimbursed for the insured Loss amount in excess of the sum of the Each Loss
Retention Amount and Co-payment Amount or Maintenance Retention Amount as applicable as set forth
in the Declarations.
c. Then you and we shall share, based on the Co-payment Percentage, if applicable, as set forth in the
Declarations, any remaining sums until the amount of our payment of the Loss and our cost of recovery
have been fully reimbursed.
d. All further sums recovered shall be retained by you.
The application of amounts recovered as described above apply regardless of any designation of amounts by the
Subcontractor or any other party.
Q. SOLE AGENT
The Named Insured as set forth in the Declarations shall act on behalf of all Insured(s) for all purposes, including
but not limited to the payment or return of premium, receipt and acceptance of any endorsement issued to form a
part of this Policy, complying with all applicable notice provisions, and giving and receiving notice of cancellation
or non-renewal.
U-SGD-100-B CW (04/16)
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