Indigent Defense Services Agreement

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a. If th is Pol icy is canceled or non-renewed by the Named Insured or us for any reason, or if an Insured is otherwise el igible for an extended reporting period option as set forth in sect ions H.2. or H.3. below, we shall, upon written request of the Named Insured , make an offer of an exte nded reportin g period for the terminated coverage, subject to the following terms and conditions: (1) The Named Insured must make the request to us in writ ing, and pay the additional prem ium, if any, with i n sixty (60) days of cancellation or non-renewal of this Po licy, or in the alternative, within the time periods set forth for the extended reporting pe ri od options under H.2. or H.3. below; and , (2) Any extended reporting per iod, and all claims reported thereunder, shall be subject to al l terms and cond iti ons of this Po li cy . b. Any extended reporting period: (1) Must be evidenced by an endorsement issued by us in writing ; (2) Will provide the Named Insured with an additional period of time as set forth in the endorsement to report claims first made or brought against an Insured during the policy period or during the extended reporting period; (3) Shall not constitu te a new pol icy; (4) Shall not reinstate, in crease or renew the Limits of Liability, and such limits sha ll be a part of, and not in addition to, the Lim its of Liabi lity for the policy period ; and, (5) Shall cover only tho se claims based upon or aris ing from wrongful acts comm itted by an Insured after the Policy retroact ive date and before t he end of the policy period . c. The right to any extended reportin g period endorsement is expressly extin gu ished if: (1) Any amount payable to us under the Pol icy has not been paid in accordance with the terms of payment, including the fa ilure to pay any premiums when due, or the failure to timely pay deductible amounts due and ow in g; (2) Any Insured made materia l misrepresentations in the Appl icat ion, supplements, addendums or attachments to the Appl icat ion or to underwriting inquiries; (3) At the t ime this option could be exercised, the relevant Insured was not licensed to practice law, or had his or her licen se revoked, suspended or surrendered for any reaso n; or, (4) There is or was any material noncompliance by an Insured with any of the terms or cond iti ons of this Policy. 2. Non-P ractici ng Extended Reporting Period -Additional Terms & Cond iti ons Upon the total and permanent retirement or cessat ion of the full-time or part-time practice of law, an Insured may be el igible for an extended reportin g period endorsement, subject to the following terms and conditions: a. The relevant Insured retired or ceased the full-time or part-time practice of law, or leaves the private practice of law to become a state or federal judge, during the policy period ; b. The relev ant Insured was, at t he time this option could be exercised, a partner, principal, officer, director, shareholder or employed lawyer, other than an in dependent contractor, who was pa id under a regular payroll sc hedule or firm distribution and had federal and state (if applicable) taxes withheld by Named Insured ; c. The Named Insured was insured by us for at least three (3) consecutive years prior to the request for the Non-Practicing Extended Reporting Per iod and the relevant Insured was employed by the Named Insured for those same three (3) years; d. The relevant Insured noti fi es us in writing of their retirement or cessation of the practice of law and intent to exercise this opt ion within sixty (60) days of date the re levant Insured retires or ceases the practice of law, or at the end of the policy period, wh ichever comes first; and, e. Coverage provided under the Non-Practicing Extended Reporting Period w ill cease immediately upon an Insured's resumption of full or part time practice of law. However, Insureds performing voluntary or uncompensated legal services on a full or part-time basis for or on behalf of not-for-profit ATY -0001-00-0116 Page 14 of 16 © 2016 Attorney Protective. All rights reserved.