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f. If notice is mailed, proof of mailing will be sufficient proof of notice. <br /> 4. Changes <br /> This policy contains all the agreements between you and us concerning the insurance afforded.The first Named Insured <br /> shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms <br /> can be amended or waived only by endorsement issued by us and made a part of this policy. <br /> 5. Choice of Forum <br /> In the event that the insured and we have any dispute concerning or relating to this policy, including its formation, <br /> coverage provided hereunder, or the meaning, interpretation or operation of any term, condition, definition or <br /> provision of this policy resulting in litigation, arbitration or other form of dispute resolution, the insured agrees with us <br /> that any such litigation shall take place in the appropriate federal or state courts located in New York, New York and <br /> any arbitration or other form of dispute resolution shall take place in New York, New York. <br /> 6. Choice of Law <br /> In the event that the insured and we have any dispute concerning or relating to this policy, including its formation, <br /> coverage provided hereunder, or the meaning, interpretation or operation of any term, condition, definition or <br /> provision of this policy resulting in litigation, arbitration or other form of dispute resolution,the insured agrees with us <br /> that the internal laws of the State of New York shall apply without giving effect to any conflicts or choice of law <br /> principles. The terms and conditions of this policy shall not be deemed to constitute a contract of adhesion and shall <br /> not be construed in favor of or against any party hereto by reason or authorship or otherwise. <br /> 7. Currency <br /> All reimbursement shall be made in United States currency at the rate of exchange prevailing on: <br /> a. The date of judgment if judgment is rendered; <br /> b. The date of settlement if settlement is agreed upon with our written consent; <br /> c. The date of payment of clean-up costs and emergency response expense;or <br /> d. The date legal and claims expense payments are paid. <br /> Whichever is applicable. <br /> 8. Duties In The Event Of Occurrence, Offense, Pollution Incident, Professional Incident, Act, Error or Omission, Claim <br /> Or Suit <br /> a. Without limiting the requirements of any insuring agreement in this policy,you must see to it that we are notified <br /> as soon as practicable of an occurrence,offense,pollution incident,professional incident or act, error or omission <br /> which may result in a claim.To the extent possible, notice should include: <br /> (1) How, when and where the occurrence, offense, pollution incident, professional incident or act, error or <br /> omission took place; <br /> (2) The names and addresses of any injured persons and witnesses;and <br /> (3) The nature and location of any injury or damage arising out of the occurrence, offense, pollution incident, <br /> professional incident or act error or omission. <br /> b. If a claim is made or suit is brought against any insured,you must: <br /> (1) Immediately record the specifics of the claim or suit and the date received;and <br /> (2) Notify us as soon as practicable. <br /> You must see to it that we receive written notice of the claim or suit as soon as practicable. <br /> c. You and any other involved insured must: <br /> (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with <br /> the claim or suit; <br /> IE.COV.EPIC.001 (05/13) Includes copyrighted material of Insurance Services Offices, Inc.with its permission. <br /> Page 31 of 44 <br />