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(3) Any manager, if you or the additional <br />insured is a limited liability company; <br />(4) Any "executive officer" or insurance <br />manager, if you or the additional insured is <br />a corporation; <br />(5) Any trustee, if you or the additional <br />insured is a trust; or <br />(6) Any elected or appointed official, if you or <br />the additional insured is a political <br />subdivision or public entity. <br />This duty applies separately to you and any <br />additional insured. <br />3. Legal Action Against Us <br />No person or organization has a right under this <br />Coverage Part: <br />a. To join us as a party or otherwise bring us <br />into a "suit" asking for damages from an <br />insured; or <br />b. To sue us on this Coverage Part unless all of <br />its terms 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 of <br />this Coverage Part or that are in excess of the <br />applicable limit of insurance. An agreed <br />settlement means a settlement and release of <br />liability signed by us, the insured and the <br />claimant or the claimant's legal representative. <br />4. Otherinsurance <br />If other valid and collectible insurance is <br />available to the insured for a loss we cover under <br />Coverages A or B of this Coverage Part, our <br />obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when b. <br />below applies. If other insurance is also <br />primary, we will share with all that other <br />insurance by the method described in c. <br />below. <br />b. Excess Insurance <br />This insurance is excess over any of the other <br />insurance, whether primary, excess, <br />contingent or on any other basis: <br />(1) Your Work <br />That is Fire, Extended Coverage, Builder's <br />Risk, Installation Risk or similar coverage <br />for "your work"; <br />(2) Premises Rented To You <br />That is fire, lightning or explosion <br />insurance for premises rented to you or <br />temporarily occupied by you with <br />permission of the owner; <br />Page 16 of 21 <br />(3) Tenant Liability <br />That is insurance purchased by you to <br />cover your liability as a tenant for <br />"property damage" to premises rented to <br />you or temporarily occupied by you with <br />permission of the owner; <br />(4) Aircraft, Auto Or Watercraft <br />If the loss arises out of the maintenance or <br />use of aircraft, "autos" or watercraft to the <br />extent not subject to Exclusion g. of <br />Section I - Coverage A - Bodily Injury And <br />Property Damage Liability; <br />(5) Property Damage To Borrowed <br />Equipment Or Use Of Elevators <br />If the loss arises out of "property damage" <br />to borrowed equipment or the use of <br />elevators to the extent not subject to <br />Exclusion j. of Section I - Coverage A - <br />Bodily Injury And Property Damage <br />Liability; <br />(6) When You Are Added As An Additional <br />Insured To Other Insurance <br />Any other insurance available to you <br />covering liability for damages arising out <br />of the premises or operations, or products <br />and completed operations, for which you <br />have been added as an additional insured <br />by that insurance; or <br />(7) When You Add Others As An <br />Additional Insured To This Insurance <br />Any other insurance available to an <br />additional insured. <br />However, the following provisions apply to <br />other insurance available to any person or <br />organization who is an additional insured <br />under this coverage part. <br />(a) Primary Insurance When Required <br />By Contract <br />This insurance is primary if you have <br />agreed in a written contract or written <br />agreement that this insurance be <br />primary. If other insurance is also <br />primary, we will share with all that <br />other insurance by the method <br />described in c. below. <br />(b) Primary And Non -Contributory To <br />Other Insurance When RequiredBy <br />Contract <br />If you have agreed in a written <br />contract, written agreement, or permit <br />that this insurance is primary and non- <br />contributory with the additional <br />insured's own insurance, this insurance <br />is primary anri wo will not caak <br />contribution fn, , <br />REvAEwm&ArPRo By: <br />A-ju Aawat- <br />Risk Management Specialist <br />