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may be liable to the Insured be- additional premium charge is made to the cause of injury or damage to "underlying insurance" during the policy which this insurance may also ap- period or if there is an increase in the risk ply. assumed by us, our premium may be ad- justed accordingly. 4. If the "Underlying Limits of Insurance" are exhausted solely by payment of "loss," no Insured will, except at their K. Terms Conformed to Statute own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, with- The terms of this policy which are in con- out our consent. flict with the statutes of the state where this policy is issued are amended to con- I. Other Insurance form to such statutes. If other insurance applies to a "loss" that is also covered by this policy, this policy If we are prevented by law or statute from will apply excess of the other insurance. paying on behalf of the Insured, then we Nothing herein will be construed to make will, where permitted by law or statute, this policy subject to the terms, conditions indemnify the Insured. and limitations of such other insurance. However, this provision will not apply if the other insurance is specifically written L. When "Loss" is Payable to be excess of this policy. Other insurance includes any type of self- Coverage under this policy will not apply insurance or other mechanism by which unless and until the Insured or the In- an Insured arranges for funding of legal sured's "underlying insurance" is obligat- liabilities. ed to pay the full amount of the "Under- lying Limits of Insurance." J. Premium Unless otherwise provided, the premium When the amount of "loss" has finally for this policy is a flat premium and is not been determined, we will promptly pay on subject to adjustment except as provided behalf of the Insured the amount of "loss" herein or amended by endorsement. If any falling within the terms of this policy. NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: 2. resulting from the "hazardous properties" s respect to of "nuclear material" and with res A. Any liability, injury or damage: P which (a) a person or organization is re- 1. with respect to which any Insured under quired to maintain financial protection pur- the policy is also an Insured under a nu- suant to the Atomic Energy Act of 1954, or M clear energy liability policy issued by Nu- any law amendatory thereof, or (b) any clear Energy Liability Insurance Associ- Insured is, or had this policy not been ation, Mutual Atomic, Energy Liability Un- issued would be, entitled to indemnity derwriters, Nuclear Insurance Association from the United States of America, or any of Canada or any of their successors, or agency thereof, under any agreement en- would be an Insured under any such policy tered into by the United States of America, but for its termination upon exhaustion of or any agency thereof, with any person or its Limits of Insurance; or organization. Risk Management DMsim REVIEWED&APPROVED BY. ® Risk Management Specialist CE 65 24 06 97 (Page 5 of 7)