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Waste material includes materials which such "underlying insurance," but will ap- <br /> are intended to be or have been to be ply as if the "underlying insurance" was <br /> recycled, reconditioned or reclaimed. available and collectible. <br /> C. Any liability excluded by the Nuclear En- C. Changes <br /> ergy Liability Exclusion attached to this <br /> policy. Notice to any agent or knowledge pos- <br /> sessed by any agent or any other person <br /> V. DEFINITIONS will not effect a waiver or change in any <br /> part of this policy. This policy can only be <br /> A. "First underlying insurance" means the changed by a written endorsement that <br /> policy or policies of insurance stated as becomes a part of this policy and that is <br /> such in Item 5. of the Declarations. signed by one of our authorized repre- <br /> sentatives. <br /> B. "Loss" means those sums actually paid in <br /> the settlement or satisfaction of a claim D. Cancellation <br /> which you are legally obligated to pay as <br /> damages after making proper deductions 1. You may cancel this policy. You must <br /> for all recoveries and salvage. mail or deliver advance written notice <br /> to us stating when the cancellation is <br /> C. "Underlying insurance" means "first un- to take effect. <br /> derlying insurance" and all policies of in- <br /> surance listed in Item 5. of the Declara- 2. We may cancel this policy. If we cancel <br /> tions. because of nonpayment of premium, <br /> we must mail or deliver to you not less <br /> D. "Underlying Limits of Insurance" means than ten (10) days advance written no- <br /> the total sum of the limits of all applicable tice stating when the cancellation is to <br /> "underlying insurance" stated in Item 5. of take effect. If we cancel for any other <br /> the Declarations, including self-insurance, reason, we must mail or deliver to you <br /> or means other than insurance. not less than thirty (30) days advance <br /> written notice stating when the can- <br /> VI. CONDITIONS cellation is to take effect. Mailing that <br /> notice to you at your mailing address <br /> A. Appeals shown in Item 1. of the Declarations <br /> will be sufficient to prove notice. <br /> In the event you or any underlying insurer <br /> elects not to appeal a judgment in excess 3. The policy period will end on the day <br /> of the amount of the "Underlying Limits of and hour stated in the cancellation no- <br /> Insurance," we may elect to appeal at our tice. <br /> expense. If we do so elect, we will be <br /> liable for the costs and interest incidental 4. If we cancel, final premium will be cal- <br /> to this appeal. In no event will this provi- culated pro rata based on the time this <br /> sion increase our liability beyond the ap- policy was in force. <br /> plicable Limits of Insurance described in <br /> Section II. of this policy. 5. If you cancel, final premium will be <br /> more than pro rata; it will be based on <br /> B. Bankruptcy or Insolvency the time this policy was in force and <br /> increased by our short rate cancellation <br /> The bankruptcy, insolvency or inability to table and procedure. <br /> pay of any Insured or the bankruptcy, in- <br /> solvency or inability to pay of any of the 6. Premium adjustment may be made at <br /> underlying insurers will not relieve us the time of cancellation or as soon as <br /> from the payment of any claim or suit practicable thereafter but the cancella- <br /> covered by this policy. tion will be effective even if we have <br /> not made or offered any refund due <br /> In the event of bankruptcy or insolvency of you. Our check or our representative's <br /> any underlying Insurer, the insurance af- <br /> forded by this policy will not replace <br /> Risk Management Division <br /> REVIEWED&APPROVED BY: <br /> gr. Biro A4 paV4 o <br /> '® Risk Management Specialist -/ <br /> CE 65 24 06 97 (Page 3 of 7) <br />