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(2) That portion of your work out of which the injury or damage arises has been put to its intended use by any <br />person or organization other than another contractor or subcontractor engaged in performing operations for a <br />principal as a part of the same project. <br />III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS <br />OF INSURANCE: <br />The most we will pay on behalf of the additional insured is the amount of insurance: <br />1. Required by the contract or agreement described in Paragraph 1.1.; or <br />2. Available under the applicable limits of insurance; <br />whichever is less. <br />This endorsement shall not increase the applicable limits of insurance. <br />IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — <br />REPORTING, DEFENSE, SETTLEMENT & COOPERATION: <br />1. Duties --Additional Insured <br />An additional insured must see to it that: <br />a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or <br />suit; <br />b. We receive written notice of a claim or suit as soon as practicable; and <br />c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by <br />another insurer under which the additional insured may be an insured in any capacity. This provision does not <br />apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires <br />that this coverage be primary and noncontributory. <br />V. SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any <br />provision to the contrary: <br />Primary And Noncontributory Insurance <br />This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or <br />organization(s) included as an additional insured under this endorsement provided that: <br />1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and <br />2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would <br />be primary and would not seek contribution from any other insurance available to the additional insured person(s) <br />or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your <br />work which is the subject of such contract or agreement. <br />However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as <br />an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - <br />specific, primary insurance. <br />VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement <br />showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that <br />designated additional insured. <br />ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. <br />ride Altvmganett DhUbn <br />i' � REVEwm& APPROVm Bv: �. <br />41019M, Risk Management Speoallrt <br />01 <br />ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 <br />