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Attachment Code:D633343 Certificate ID: 20136818 This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non-Contributory To Other Insurance When (c) Prior to the expiration of the period of time that the Required By Contract written contract requires such insurance be provided If you have agreed in a written contract or written to the additional insured. agreement that this insurance is primary and (2) How Limits Apply non-contributory with the additional insured's own If you have agreed in a written contract or written insurance, this insurance is primary and we will not seek agreement that another person or organization be added contribution from that other insurance. as an additional insured on your policy, the most we will Paragraphs (1) and (2) do not apply to other insurance to pay on behalf of such additional insured is the lesser of: which the additional insured has been added as an additional a. The limits of insurance specified in the written contract or insured. written agreement; or When this insurance is excess, we will have no duty to b. The Limits of Insurance shown in the Declarations. defend the insured against any "suit" if any other insurer has Such amount shall be a part of and not in addition to a duty to defend the insured against that "suit". If no other Limits of Insurance shown in the Declarations and insurer defends, we will undertake to do so, but we will be described in this Section. entitled to the insured's rights against all those other insurers. (3) Additional Insureds Other Insurance When this insurance is excess over other insurance, we will If we cover a claim or"suit" under this Coverage Part that pay only our share of the amount of the loss, if any, thatexceeds the sum of: may also be covered by other insurance available to an additional insured, such additional insured must submit 1. The total amount that all such other insurance would pay such claim or "suit" to the other insurer for defense and for the loss in the absence of this insurance; and indemnity. 2. The total of all deductible and self-insured amounts under However, this provision does not apply to the extent that all that other insurance. you have agreed in a written contract or written We will share the remaining loss, if any, by the method agreement that this insurance is primary and non- described in SECTION IV-Business Auto Conditions, B. contributory with the additional insured's own insurance. General Conditions, Other Insurance 5.d. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written 16. WAIVER OF SUBROGATION agreement that another person or organization be added Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY as an additional insured on your policy, the additional AGAINST OTHERS TO US - of SECTION IV - insured shall be required to comply with the provisions in BUSINESS AUTO CONDITIONS A. Loss Conditions is LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF amended by adding the following: ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV We waive any right of recovery we may have against any — BUSINESS AUTO CONDITIONS, in the same manner person or organization with whom you have a written as the Named Insured. contract that requires such waiver because of payments we make for damages under this Coverage Form. 2. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required by Contract