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UMBRELLA LIABILITY PROVISIONS This duty applies separately to you and any additional insured. To the extent possible, notice should include: (a) How, when and where the "occurrence" took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or "offense". 2. If a claim is made or "suit" is brought against any "insured", you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the "self -insured retention" or "underlying insurance", whichever applies. 3. You and any other involved "insured" must: (a) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" involving or likely to involve a sum in excess of any "self -insured retention" or "underlying insurance", whichever applies"; (b) Authorize us to obtain records and other information; (c) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (d) Assist us, upon our request in the enforcement of any right against any person or organization which may be liable to the "insured" because of injury or damage to which this policy or any "underlying insurance" or "self -insured retention" may apply. 4. No "insured" will, except at that "insured's" own cost, make or agree to any settlement for a sum in excess of: (a) The total limits of "underlying insurance"; or (b) The "self -insured retention" if no "underlying insurance" applies without our consent. 5. No "insured" will, except at that "insured's" own cost, make a payment, assume any obligation, or incur any expenses, other than first aid, without our consent. D. Assistance and Cooperation of the Insured The "insured" shall: 1. Cooperate with us and comply with all the terms and conditions of this policy; and Page 10 of 14 2. Cooperate with any of the underlying insurers as required by the terms of the "underlying insurance" and comply with all the terms and conditions thereof. The "insured" shall enforce any right of contribution or indemnity against any person or organization who may be liable to the "insured" because of "bodily injury", "property damage" or "personal and advertising injury" with respect to this policy or any "underlying insurance". E. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for "damages" from an "insured"; or b. To sue us on this policy unless all of its terms and those of the "underlying insurance" have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an "insured"; but, we will not be liable for "damages" that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance. An agreed settlement means a settlement and release of liability signed by us, the "insured" and the claimant or the claimant's legal representative. F. Appeals In the event the "insured" or the "insured's" underlying insurer elects not to appeal a judgment in excess of the "underlying insurance" or the "self - insured retention", we may elect to make such appeal, at our cost and expense. If we so elect, we shall be liable in addition to the applicable Limit of Insurance, for the: 1. Taxable costs; 2. Disbursements; and 3. Additional interest incidental to such appeal; but in no event will we be liable for "damages" in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying insurance" and we offer to pay our full share of such judgment, but you or your underlying insurers elect to appeal it, you, your underlying insurers or both will bear: a. The cost and duty of obtaining any appeal bond; b. The taxable costs, disbursements and additional interest incidental to such appeal; and ew cF RAMwagementDMsian Jy/\'x REVIEWED & APPROVED BY.- V"° --� Risk janagement Analyst