AMEND GENERAL AGREEMENT F. NOTICE OF LEGAL
PROCEEDINGS AGAINST INSURED ELECTION TO DEFEND
It is agreed that:
General Agreement F. NOTICE OF LEGAL
PROCEEDINGS AGAINST INSURED ELECTION TO DEFEND is deleted in its entirety and replaced with the following:
NOTICE OF LEGAL PROCEEDINGS AGAINST
INSURED ELECTION TO DEFEND
F. The Insured shall notify the Underwriter at the earliest practicable moment, not to exceed 60 days after notice
thereof, of any legal proceeding brought to determine the Insureds liability for any loss, claim or damage, which, if established, would constitute a collectible loss under this bond. Concurrently, the Insured shall furnish copies of all
pleadings and pertinent papers to the Underwriter.
The Underwriter, at its sole option, may elect to conduct the defense of such legal proceeding, in
whole or in part. The defense by the Underwriter shall be in the Insureds name through attorneys selected by the Underwriter. The Insured shall provide all reasonable information and assistance required by the Underwriter for such defense.
If the Underwriter elects to defend the Insured, in whole or in part, any judgment against the Insured on those counts or causes of action which the
Underwriter defended on behalf of the Insured or any settlement in which the Underwriter participates and all attorneys fees, costs and expenses incurred by the Underwriter in the defense of the litigation shall be a covered loss by this bond.
If the Insured does not give the notices required in subsection (a) of Section 5 of this bond and in the first paragraph of this General
Agreement, or if the Underwriter elects not to defend any causes of action, neither a judgment against the Insured, nor a settlement of any legal proceeding by the Insured, shall determine the existence, extent or amount of coverage under this bond
for loss sustained by the Insured, and the Underwriter shall not be liable for any attorneys fees, costs and expenses incurred by the Insured.
With
respect to this General Agreement, subsections (b) and (d) of Section 5 of this bond apply upon the entry of such judgment or the occurrence of such settlement instead of upon discovery of loss. IN addition, the Insured must notify the
Underwriter within 30 (thirty) days after such judgment is entered against it or after the Insured settles such legal proceeding, and, subject to subsection (e) of Section 5, the Insured may not bring legal proceeding for the recovery of
such loss after the expiration of 24 (twenty-four) months from the date of such final judgment or settlement.
All other provisions of this bond remain
unchanged.
This rider/endorsement, which forms part of and is for attachment to the following described bond/policy issued by the designated Underwriter/Company takes
effect on the effective date of said bond/policy, unless another effective date is shown below, at the hour stated in said bond/policy and expires concurrently with said bond/policy.
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Must Be Completed |
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Complete only when this rider/endorsement is not prepared with the bond/policy or is
not to be effective with the bond/policy |
Rider/Endorsement No. |
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Policy No. |
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Issued to: |
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Effective date of |
10 |
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652012475 |
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this rider/endorsement
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Countersigned by
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Authorized
Representative
Page 1 of 1
FIG-4021-A
(ED. 06/98)