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b. To sue us on this policy unless all of its <br />terms and those of the "underlying <br />insurance" have been fully complied with. <br />A person or organization may sue us to recover <br />on an agreed settlement or on a final judgment <br />against an insured; but, we will not be liable for <br />damages that are not payable under the terms <br />of this policy or that are in excess of the limit of <br />liability. An agreed settlement means a <br />settlement and release of liability signed by us, <br />the insured and the claimant or the claimant's <br />legal representative. <br />F. Appeals <br />In the event the "insured" or the "insured's" <br />underlying insurer elects not to appeal a <br />judgment in excess of the "underlying insurance" <br />or the "self -insured retention," we may elect to <br />make such appeal, at our cost and expense. <br />If we so elect, we shall be liable in addition to <br />the applicable Limit of Insurance, for the: <br />1. Taxable costs; <br />2. Disbursements; and <br />3. Additional interest incidental to such appeal; <br />But in no event will we be liable for "damages" in <br />excess of the applicable aggregate Limit of <br />Insurance. <br />If a judgment is rendered in excess of the limits <br />of "underlying insurance" and we offer to pay our <br />full share of such judgment, but you or your <br />underlying insurers elect to appeal it, you, your <br />underlying insurers or both will bear: <br />a. The cost and duty of obtaining any appeal <br />bond; <br />b. The taxable costs, disbursements and <br />additional interest incidental to such appeal; <br />and <br />c. Any increase in damages over the amount <br />the matter could have been settled for after <br />the verdict was entered and before the <br />appeal was filed. <br />G. Other Insurance <br />This policy shall apply in excess of all <br />"underlying insurance" whether or not valid and <br />collectible. It shall also apply in excess of other <br />valid and collectible insurance (except other <br />insurance purchased specifically to apply in <br />excess of this insurance) which also applies to <br />any loss for which insurance is provided by this <br />policy. <br />These excess provisions apply, whether such <br />other insurance is stated to be: <br />1. Primary; <br />2. Contributing; <br />3. Excess; or <br />4. Contingent. <br />Form XL 00 03 09 16 <br />H. Transfer Of Rights Of Recovery Against <br />Others To Us <br />1. Transfer Of Rights Of Recovery <br />If the insured has rights to recover all or a <br />part of any payment we have made under <br />this policy, those rights are transferred to us. <br />The insured must do nothing after a loss to <br />impair them. At our request, the insured will <br />bring "suit" or transfer those rights to us and <br />help us enforce them. <br />a. Recoveries shall be applied to <br />reimburse: <br />(1) First, any interest (including the <br />Named Insured) that paid any <br />amount in excess of our limit of <br />liability; <br />(2) Second, us, along with any other <br />insurers having a quota share <br />interest at the same level; <br />(3) Third, such interests (including the <br />Named Insured) of whom this <br />insurance is excess. <br />However, a different apportionment may <br />be made to effect settlement of a claim <br />by agreement signed by all interests. <br />b. Reasonable expenses incurred in the <br />exercise of rights of recovery shall be <br />apportioned among all interests in the <br />ratio of their respective losses for which <br />recovery is sought. <br />2. Waiver Of Rights Of Recovery (Waiver Of <br />Subrogation) <br />If the "insured" has waived any rights of <br />recovery against any person or organization <br />for all or part of any payment we have made <br />under this policy, we also waive that right, <br />provided the "insured" waived their rights of <br />recovery against such person or <br />organization in a contract, agreement or <br />permit that was executed prior to the injury <br />or damage. <br />I. Changes <br />This policy contains all the agreements between <br />you and us concerning the insurance afforded. <br />Notice to any agent, or knowledge possessed by <br />any agent or any other person shall not effect a <br />waiver or a change in any part of this policy, or <br />stop us from asserting any rights under the <br />terms of this policy. <br />The Named Insured first shown in the <br />Declarations is authorized on behalf of all <br />"insureds" to agree with us on changes in the <br />terms of this policy. <br />If the terms are changed, <br />shown in an endorsem <br />made a part of this policy <br />the changes will be <br />N_oaa RiskMmVmentDMsian <br />r9 " REVIEWED & APPROVED BY.- <br />} z <br />f P'. M44441 <br />— Risk Management Analyst <br />