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C. DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMENTS 1. Defense of Claims 2. 3 We have the right and duty to defend claims brought against you seeking damages to which this Policy applies, even if the claims are groundless. However, we shall have no duty to defend claims brought against you seeking damages or asserting claims not covered by this Policy. When we have paid our Limits of Liability as provided in the Declarations of this Policy as payment of damages or claim expenses, or after depositing the remaining Limit of Liability into the registry of a court of competent jurisdiction, our obligation to pay any damages or claim expenses, or to undertake or continue the defense of any claim or suit, ends. Upon such payment or deposit, we have the right to withdraw from the further defense of the claim or suit by tendering the defense of the claim or suit to you. You agree to accept the tender of the defense when we withdraw. Defense Counsel While we welcome your input in selecting defense counsel, we retain the exclusive right to make that selection. Our determination as to the reasonableness of claim expenses is conclusive. Settlement We will not settle a claim without your consent; however, you may not unreasonably withhold such consent. If you withhold consent to any settlement that we recommend, then our liability for the claim will not exceed the amount for which the claim could have been settled, plus claim expenses incurred up to the date of your refusal to consent. When total claim expenses and damages reach the amount for which the claim could have been settled, plus claim expenses incurred up to the date of your refusal to consent, we have no further liability for claim expenses or damages and have the right to withdraw our defense of the claim. You agree to accept the tender of the defense when we withdraw. You shall not settle or offer to settle any claim, incur any claim expenses, enter into a tolling agreement, or otherwise assume any contractual obligation, or admit any liability with respect to any claim without our prior written consent. We shall not be liable for any settlement, damages, claim expenses or assumed obligations or admissions for which we have not given our prior written consent. Collaborative Defense Your deductible as provided in the Declarations of this Policy will be reduced by fifty percent (50o/o) for the relevant claim if we mutually collaborate with you to successfully resolve the claim and, as a result of such collaboration, any of the following occurs: a. The claim is settled or resolved by us at mediation before suit is filed at terms and conditions, and for an amount, acceptable to us; b. The claim is settled or resolved at mediation within 365 days after suit is filed at terms and conditions, and for an amount, acceptable to us; c. The claim is settled or resolved as evidenced by a written settlement agreement and within 365 days of the date the claim is reported to us at terms and conditions, and for an amount, acceptable to us; or, d. The claim is settled or resolved by us within your deductible as provided in the Declarations of this Policy, including all payments for damages and claim expenses. However, the amount of the deductible reduction will not exceed $25,000 for the relevant claim. Pre-Glaim Investigation Assistance Prior to a claim being made against an Insured, we may/ at our sole discretion, investigate and pay costs and expenses that we incur resulting from such investigation of a potential claim. In order to qualifo for Pre-Claim Investigation Assistance under this provision, potential claims must be otherwise covered under the terms and conditions of the Policy. Subpoena Assistance a. In the event you receive a subpoena for documents or testimony arising out of legal seruices rendered by you, and you request assistance from us by providing us with a copy of the subpoena, we will retain an attorney: 4 5. 6 ATY-0001-00-01 16 Page 6 of 16 @ 2016 Attorney Protective. All rights reserved,