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(c) Prior to the expiration of the period This insurance is primary if you have <br /> of time that the written contract agreed in a written contract or written <br /> requires such insurance be provided agreement that this insurance be <br /> to the additional insured. primary. If other insurance is also <br /> (2) How Limits Apply primary, we will share with all that other <br /> If you have agreed in a written contract insurance by the method described in <br /> Other Insurance 5.d. <br /> or written agreement that another <br /> person or organization be added as an (2} Primary And Non-Contributory To Other <br /> additional insured on your policy, the Insurance When Required By Contract <br /> most we will pay on behalf of such If you have agreed in a written contract <br /> additional insured is the lesser of: or written agreement that this insurance <br /> (a) The limits of insurance specified in is primary and non-contributory with the <br /> the written contract or written additional insured's own insurance, this <br /> agreement; or insurance is primary and we will not <br /> seek contribution from that other <br /> (b) The Limits of Insurance shown in insurance. <br /> the Declarations. <br /> Paragraphs (1) and (2) do not apply to other <br /> Such amount shall be a part of and not insurance to which the additional insured <br /> in addition to Limits of Insurance shown has been added as an additional insured. <br /> in the Declarations and described in this <br /> Section. When this insurance is excess, we will have <br /> no duty to defend the insured against any <br /> (3) Additional Insureds Other Insurance "suit" if any other insurer has a duty to <br /> If we cover a claim or "suit" under this defend the insured against that "suit". If no <br /> Coverage Part that may also be covered other insurer defends, we will undertake to <br /> by other insurance available to an do so, but we will be entitled to the insured's <br /> additional insured, such additional rights against all those other insurers. <br /> insured must submit such claim or "suit" When this insurance is excess over other <br /> to the other insurer for defense and insurance, we will pay only our share of the <br /> indemnity. amount of the loss, if any, that exceeds the <br /> However, this provision does not apply sum of: <br /> to the extent that you have agreed in a (1) The total amount that all such other <br /> written contract or written agreement insurance would pay for the loss in the <br /> that this insurance is primary and non- absence of this insurance; and <br /> contributory with the additional insured's <br /> own insurance. (2) The total of all deductible and self- <br /> insured amounts under all that other <br /> (4) Duties in The Event Of Accident, Claim, insurance. <br /> Suit or Loss <br /> We will share the remaining loss, if any, by <br /> If you have agreed in a written contract the method described in SECTION IV- <br /> or written agreement that another Business Auto Conditions, B. General <br /> person or organization be added as an Conditions, Other Insurance 5.d. <br /> additional insured on your policy, the <br /> additional insured shall be required to 3. AUTOS RENTED BY EMPLOYEES <br /> comply with the provisions in LOSS Any "auto" hired or rented by your "employee" <br /> CONDITIONS 2. - DUTIES IN THE on your behalf and at your direction will be <br /> EVENT OF ACCIDENT, CLAIM , SUIT considered an "auto" you hire. <br /> OR LOSS — OF SECTION IV — The SECTION IV- Business Auto Conditions, B. <br /> BUSINESS AUTO CONDITIONS, in the General Conditions, 5. OTHER INSURANCE <br /> same manner as the Named Insured. Condition is amended by adding the following: <br /> 2. Primary and Non-Contributory if e. If an "employee's" personal insurance also <br /> Required by Contract applies on an excess basis to a covered <br /> Only with respect to insurance provided to "auto" hired or rented by your"employee" on <br /> an additional insured in A.1.g. - Additional your behalf and at your direction, this <br /> Insured If Required by Contract, the insurance will be primary to the <br /> following provisions apply: "employee's" personal insurance. <br /> (1) Primary Insurance When Required By <br /> Contract <br /> Page 2 of 5 Form HA 99 16 12 21 <br />