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37 <br />CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority <br />©1999-2023 CFC Underwriting Ltd, All Rights Reserved <br />a. contracted in writing to indemnify the for the prior to it first <br />being made against them; and <br />b. had the been made against , then would be entitled to indemnity under <br />this Policy. <br />Before indemnify any additional insured they must: <br />a. prove to that the arose solely out of an act committed by ; and <br />b. fully comply with as if they were . <br />Where indemnify a as an additional insured under this Policy, this Policy will be <br />primary and non-contributory to the own insurance, but only if and the <br /> have entered into a contract that contains a provision requiring this. <br />Where a is treated as an additional insured as a result of this Condition, any <br />made by that against will be treated by as if they were a and not <br />as an insured. <br />3. <br /> have the right and duty to take control of and conduct in name the investigation, <br />settlement or defense of any . will not have any duty to pay for <br />any part of a that is not covered by this Policy. <br /> may ask the to consider appointing own lawyer to defend the <br /> on behalf and the may grant request if they consider <br />lawyer is suitably qualified by experience, taking into account the subject matter of the , <br />and the cost to provide a defense. <br /> will endeavor to settle any through negotiation, mediation or some other form of <br />alternative dispute resolution and will pay on behalf the amount agree with the <br />claimant. If cannot settle using these means, will pay the amount which are found <br />liable to pay either in court or through arbitration proceedings, subject to the . <br /> will not settle any without consent. If refuse to provide consent to a <br />settlement recommended by and elect to continue legal proceedings in connection with <br />the , any further incurred will be paid by . As a consequence of <br /> refusal, liability for the will not be more than the amount for which the <br />could have been settled had consented, plus any incurred prior to the <br />date of refusal. <br />4. <br /> agree that all statements made by in the application form, including any renewal <br />application form, and any supplemental materials have supplied in support of the <br />application for insurance, are agreements and representations to and the Policy is <br />DocuSign Envelope ID: 72F9C354-1B5B-455A-97D1-8394D742F8AE