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UH3 A664942 07 1001631 <br />insurability and the premiums to be <br />and <br />the claimant or the claimant's legal <br />charged. We do not make safety <br />representative. <br />inspections. We do not undertake to <br />12. Maintenance of "underlying insurance <br />perform the duty of any person or <br />organization to provide for the health or <br />a. <br />You agree to maintain the "underlying <br />safety of workers or the public. We do not <br />insurance" in full force and effect during <br />warrant that conditions: <br />the term of this policy. "underlying <br />insurance" will not be cancelled, non - <br />(1) Are safe or healthful; or <br />renewed or rescinded without replacement <br />(2) Comply with laws, regulations, codes <br />coverage to which we agree. You must <br />or standards. <br />notify us as soon as practicable if any <br />This condition applies not only to us, but also <br />"underlying insurance" is no longer valid or <br />to any rating, advisory, rate service or similar <br />in full force and effect. <br />organization which makes insurance <br />b. <br />The terms and conditions of "underlying <br />inspections, surveys, reports or <br />insurance" will not materially change, <br />recommendations. <br />unless we agree otherwise. The terms and <br />10. Joint Duties in Non -Admitted Jurisdictions <br />conditions or renewals or replacements of <br />"underlying insurance" will be materially <br />With respectto an "occurrence", offense, claim <br />the same as prior coverage unless we <br />or "suit" that arises in a non -admitted <br />agree otherwise. <br />jurisdiction and to which this insurance <br />applies: <br />c. <br />The total applicable limits of "underlying <br />insurance" shall not decrease, except for <br />a. If we are prevented by law in any country <br />any reduction or exhaustion of aggregate <br />or jurisdiction from fulfilling our duty to <br />limits by payment of loss. Reduction or <br />defend you or to investigate claims, you <br />exhaustion of any aggregate limit of <br />will be responsible for arranging for the <br />liability or limit of insurance in any <br />defense or investigation under our <br />"underlying insurance" by payments for <br />supervision. We will reimburse you for all <br />judgments, settlements or expense will not <br />reasonable and necessary expense <br />be a failure to maintain "underlying <br />incurred which we would have paid if we <br />insurance" in full force and effect. <br />had defended the "suit" or investigated the <br />claim; and <br />d. <br />No statement contained in this Condition <br />limits our right to cancel or not renew this <br />b. If we are prevented by law in any country <br />policy. <br />or jurisdiction from paying damages to <br />which this insurance applies, you may pay <br />e. <br />Your failure to comply will not invalidate <br />the damages with our consent. Upon proof <br />this policy, but this policy will apply as if <br />of the payments, we will reimburse you for <br />the "underlying insurance" was so <br />such damages subject to the applicable <br />maintained. <br />Limit of Insurance. <br />13. Other <br />Insurance <br />11. Legal Action Against Us <br />a. <br />This insurance is excess over any "other <br />No person or organization has a right under <br />insurance", whether primary, excess, <br />this policy: <br />contingent or on any other basis. This <br />condition will not apply to insurance <br />a. To join us as a party or otherwise bring us <br />specifically purchased as excess over this <br />into a "suit" asking for damages from an <br />policy. <br />insured; or <br />b. <br />We have no duty to defend the insured <br />b. To sue us on this policy unless all of its <br />against any claim or "suit" if any other <br />terms have been fully complied with. <br />insurer has a duty to defend such insured <br />A person or organization may sue us to <br />against that claim or "suit". <br />recover on an agreed settlement or on a final <br />c. <br />This insurance is not subject to the terms <br />judgment against an insured obtained after an <br />or conditions of any "other insurance". <br />actual trial, but we will not be liable for <br />damages that are not payable under the terms <br />d. <br />We will pay only our share of the amount <br />of this policy or that are in excess of the Limits <br />loss, if any, that exceeds the sum of the <br />of Insurance. <br />to <br />total: <br />An agreed settlement means a settlement and (1) Amount that all "other insurance" <br />release of liability signed by us, an insured would pay for'^cc ^ +"^ '"c^^^^ ^f <br />this insurancE Risk Muagmad DlMsian <br />475-0001 01 18 Includes copyrighted material of Insurance services Office, Inc., with its perrnissior ;% n E o RE\AEwED&APPROVED BY. - <br />Copyright 2017 The Hanover Insurance Group, Inc. All Rights Reserved. S� <br />`�--'Risk Management Specialist <br />