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C. DEFEN SE, SETTLEMENT AND SUPPLEMENTARY PAYMENTS <br />1. Defense of Claims <br />We have the r ight and duty to defend claims brought against you seeking damages to whi ch t hi s Policy appl ies , <br />even if the claims are groundless . However, we sha ll have no duty to defend claims brought against you <br />seeking damages or assert ing claims not covered by t hi s Po li cy . When we have pa id our Lim its of Liab ili ty as <br />prov ided in the Declarat ions of th is Policy as payment of damages or claim expenses , or after depos iting the <br />remai ni ng Um it of Liab ili ty into the reg istry of a court of compete nt jurisd ict ion, our ob li gation to pay any <br />damages or claim expenses , or to underta ke or cont inue the defense of any claim or su it, ends . Upon such <br />payment or depo sit, we have the right to withdraw from the further defense of the claim or suit by te nder ing <br />the defense of the claim or suit to you . You agree to accept the tender of the defense when we withdraw. <br />2. Defense Counsel <br />Wh il e we we lcome your input in se lect ing defense counsel, we reta in the exclu sive right to make that se lection. <br />Our determination as to the rea so nablene ss of claim expenses is conclusive . <br />3. Settlement <br />We will not settle a claim without your consent; however, you may not unreasonably with hold such consent. <br />If you withhold co nse nt to any settlement that we recommend, then our liabi lity for the claim will not exceed <br />the amount for wh ich the claim could have been settled, plus claim expenses incurred up to the date of your <br />refusal to consent. When total claim expenses and damages reach the amount for which the claim could <br />have been se ttled, plus claim expenses incurred up to the date of your refusal to consent, we have no further <br />liabi lity for claim expenses or damages and have the right to withdraw our defense of the claim . You agree <br />to accept the tender of the defense when we withdraw. <br />You shall not sett le or offer to settle any claim , incur any claim expenses , enter into a toll ing agreement, or <br />otherw ise assume any contractual obligation, or admit any liabil ity with respect to an y claim without our prior <br />written consent. We shall not be liable for any se ttlement, damages, claim expenses or ass umed obl igations <br />or admiss ions for wh ich we have not given our pr ior wri tten consent. <br />4. Co ll aborative Defense <br />Your deductible as provided in the Declarations of this Pol icy will be reduced by fifty percent (50%) for the <br />relevant claim if we mutual ly co llaborate with you to success ful ly resolve the claim and, as a result of suc h <br />collaboration , any of the following occurs : <br />a. The claim is settled or reso lved by us at med iat ion before su it is fil ed at terms and co nd it ions, and for an <br />amount, acceptable to us ; <br />b. The claim is settled or reso lved at mediation within 365 days after suit is filed at terms and conditions, <br />and for an amount, acceptab le to us ; <br />c. The claim is sett led or resolved as ev idenced by a wr itten sett lement agreement and within 365 days of <br />the da te the claim is reported to us at term s and cond itions, and for an amount, acceptable to us ; or, <br />d. The claim is settled or res olved by us within your deductible as provided in the Dec larations of this Po licy, <br />including all payments for damages and claim expenses . <br />However, the amount of the deduct ible reduct ion wi ll not exceed $25,000 for the re levant claim . <br />5. Pre-Claim Investigation Ass istance <br />Pri or to a claim being made aga inst an Insured , we may, at our sole discretion, investigate and pay costs and <br />expenses that we incur resulting from such inve stigation of a potent ial claim . In ord er to qual ify for Pre-Claim <br />Investigation Ass istance under this provision, potential claims mu st be otherwise covered under the terms and <br />cond itions of th e Policy. <br />6. Subpoena Assistance <br />a. In the event you receive a subpoen a for documents or te stimony arising out of legal services rendered <br />by you , and you request ass istance from us by providing us with a cop y of the subpoena, we will retain <br />an attorney : <br />A TY-0001 -00-0116 Page 6 of 16 © 2016 Attorney Protective . All rights reserved.