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If a potential claim is properly reported pursuant to the requirement. of this provision, then any claim <br />subsequently made against an Insured baSed upon or arising from such wrongful act or circumstance shall be <br />deemed, for purposes of this Policy, to have been made dunng the policy period or any applicable extended <br />reportng period, In which such potential daim was first reported. <br />3 . Premium Payment <br />Our obligation to perform any duty under the Policy is strictly conditioned upon the payment of tile premium <br />when due. Similarly, our obligation to perfonn any duty pursuant to a renewal of coverage prO\'ided under the <br />Policy shall be strictly conditioned upon the payment of the renewal prem.um when due. Therefore, this Polley <br />shall not be deemed to have been issued, delivered, or renewed and shall not be applicable to arTt matter which <br />would otnerwise be covered herein, until: <br />a. The premium has been paid in full; or, <br />b. If we have agreed to finance the Polley, the first Installment has be-:n paid In full. <br />If pa-,ment is made by er.eek, electronic transfer or money order, It shall not be considered ~paid In full~ untll <br />1-ooored by the payor's bank. <br />4. Cooperation and Subrogatlon <br />a. You agree to cooperate with us and assist us in the investigation, defense and settlement of any and all <br />d•lms, potentlal dalms and requests for SupplemEntary Payments, Including but rot limited to, promptly <br />providing complete and accurate information which we may reasonably require, attending any deposJtion, <br />hearing er trial as requested by us, assisting in securing and giving testimony, obtaining the attendance of <br />witnesses, and doing nothing to prejudice our ability to investigate, defend or settle any dalm or <br />disciplinary proceeding to which this Policy appies. <br />b. If we request, you agree to submit to any examination under oath tnat we may require, to be conducted <br />by our representatives at a time and place cf our chooslng. <br />c. You agree to follow our recommendation regarding whether er rot to arbitrate or mediate a daim and <br />s.-:all not agree to arbitrate or mediate a claim witr:oot our prior written consent <br />d. In the event cf any pa 'JT11ent 1.1nder this Polley, we shall be subrogated to all your rights of recovery against <br />any person or orga rJ za ·on, lnch.:dir.g any rights you may have against any other Insured who personally <br />participated or personally acquiesced in or remained paSSlve after having knowledge of any dishonest, <br />intentionally wrongful, fraudulent, aiminal, er malicious act or omission. You shall execute and deliver <br />instruments and papers and do whatever else Is necessary to secure and collect upon such rights. You <br />shall do nothing to prejudice such rights. <br />e. After deducting any costs or expenses incurred In obtaining reco~es under this sectiOn, the amount <br />recoo.ered shall be apelied: <br />(1) first, to t:r.e Insured in reimbursement of any deductible; <br />(2) second, to us for reimbursement of any amount paid ur.cer tr~ Policy; ar.d, <br />(3) third, sr.ared equally between the Insured and us for reimbursement of amounts Ir.curred as a <br />result of the daim. <br />S. Action against Us <br />No action may be taken against us unless, as a condition precedent, you r.ave fully complied with all terms and <br />conditions or this Polley and the amount of damages has been finally determined by the entry of Judgment or <br />by tne written agreement between the Insured, the claimant and us. No person or entity shall have any right <br />un<!er this Policy to pn u.s as a party to any action aga nst th.! Insured to determine such Insured'• liability, <br />nor shall we be joined as a part'1 or lnterpleaded by tt.e Insured or the legal representatiVes of the Insured <br />unless otherwise mandated by law. <br />6. Assignment <br />Neither this Policy n0f any lnsured's Interest In this PoUcy may be assigned or transferred w,thout our prior <br />written ·consent However, If the Insured Is a person and dies, the coverage afforded by this Policy shall Inure <br />to the benefit of the deceased Insured's estate. <br />A TY-0001-00-0116 Page 11 of 15 © 2016 Attorney ProtectiVe. All ric;ihts reserved.