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UMBRELLA LIABILITY PROVISIONS <br />c. Any increase in "damages" over the amount the <br />matter could have been settled for after the <br />verdict was entered and before the appeal was <br />filed. <br />G. Other insurance <br />This policy shall apply in excess of all "underlying <br />insurance" whether or not valid and collectible. It <br />shall also apply in excess of other valid and <br />collectible insurance (except other insurance <br />purchased specifically to apply in excess of this <br />insurance) which also applies to any loss for which <br />insurance is provided by this policy. <br />These excess provisions apply, whether such other <br />insurance is stated to be: <br />1. Primary; <br />2. Contributing; <br />3. Excess; or <br />4. Contingent; <br />Provided that if such other insurance provides umbrella <br />coverage in excess of "underlying insurance" or a "self - <br />insured retention", this policy shall contribute therewith <br />with respect to "damages". <br />However, we shall not be liable for a greater proportion <br />of such loss than the amount which would have been <br />payable under this policy bears to the sum of: <br />1. Said amount; and <br />c. Reasonable expenses incurred in the exercise <br />of rights of recovery shall be apportioned among <br />all interests in the ratio of their respective losses <br />for which recovery is sought. <br />I. Changes <br />This policy contains all the agreements between you <br />and us concerning the insurance afforded. Notice to <br />any agent, or knowledge possessed by any agent or <br />any other person shall not effect a waiver or a <br />change in any part of this policy, or stop us from <br />asserting any rights under the terms of this policy. <br />The Named Insured first shown in the Declarations <br />is authorized on behalf of all "insureds" to agree with <br />us on changes in the terms of this policy. <br />If the terms are changed, the changes will be shown <br />in an endorsement issued by us and made a part of <br />this policy. <br />J. Separation Of Insureds <br />Except with respect to the Limits of Liability, and <br />any rights or duties specifically assigned in this <br />policy to the Named Insured first shown in the <br />Declarations, this insurance applies: <br />a. As if each Named Insured were the only Named <br />Insured; and <br />b. Separately to each "insured" against whom <br />claim is made or "suit" is brought. <br />2. The amounts which would have been payable K. <br />under each other umbrella policy applicable to <br />such loss, had each such policy been the only <br />policy so applicable. <br />H. Transfer Of Rights Of Recovery Against Others <br />To Us <br />a. If the "insured" has rights to recover all or a part <br />of any payment we have made under this policy, <br />those rights are transferred to us. The "insured" <br />must do nothing after a loss to impair them. At <br />our request, the "insured" will bring "suit" or <br />transfer those rights to us and help us enforce <br />them. <br />b. Recoveries shall be applied to reimburse: <br />(1) First, any interest (including the Named <br />Insured) that paid any amount in excess of <br />our limit of liability: <br />(2) Second, us, along with any other insurers <br />having a quota share interest at the same <br />level; <br />(3) Third, such interests (including the Named <br />Insured) of whom this insurance is excess. <br />However, a different apportionment may be <br />made to effect settlement of a claim by <br />agreement signed by all interests. <br />Form SX 80 02 04 05 <br />Maintenance of Underlying Insurance <br />Policies affording in total the coverage and limits <br />stated in the Extension Schedule of Underlying <br />Insurance Policies shall be maintained in full effect <br />during the currency of this policy. Your failure to <br />comply with the foregoing shall not invalidate this <br />policy, but in the event of such failure, we shall be <br />liable only to the extent that we would have been <br />liable had you complied herewith. <br />The Named Insured first shown in the Declarations <br />shall give us written notice as soon as practicable of <br />any of the following: <br />1. Any change in the coverage or in the limits of <br />any "underlying insurance", including but not <br />limited to a change from occurrence coverage to <br />claims made coverage; <br />2. Termination of part or all of one or more of the <br />policies of "underlying insurance"; <br />3. Reduction or exhaustion of an aggregate limit of <br />liability of any "underlying insurance". <br />The "self -insured retention" shall not apply should <br />the "underlying insurance" be exhausted by the <br />payment of claims or "suits" which are also covered <br />by this policy. <br />ew cF RAMwagementDMsian <br />Jy/\'x REVIEWED & APPROVED BY: <br />V"° <br />--� Risk janagement Analyst <br />