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7. Maintenance Of/Changes To Underlying 9. Policy Premium Insurance We will compute all premiums for this policy in All "underlying insurance" must be maintained in accordance with our rules and rates. The policy full effect without reduction of coverage or limits premium is not subject to audit. except for the reduction of aggregate limits in 10. Loss Payable accordance with the provlslons of such "underlying insurance" that results from "injury or Our obligation to make payment for "ultimate net damage" to which this insurance applies during loss", which is covered under the terms and the policy period of this policy. Such exhaustion or conditions of this policy, does not apply to a given reduction is not a failure to maintain "underlying claim unless and until: insurance". a. The insured or insured's "underlying insurer" The first Named Insured must notify us in writing, has become legally obligated to pay the as soon as practicable, if any "underlying "retained limit"; insurance" is cancelled, not renewed, replaced or b. The obligation of the insured to pay the otherwise terminated, or if the limits or scope of "ultimate net loss" in excess of the "retained coverage of any "underlying insurance" is limit" has been determined by a final changed. You must see to it that the terms and settlement or judgment or written agreement conditions of renewals or replacements of among the insured, claimant, "underlying underlying insurance, shown in the Schedule of insurer" (or a representative of one or more of Underlying, will be materially the same as the these) and us; and prior coverage, unless we agree otherwise. c. All "underlying insurers" have paid the In the event of the Insured's failure to maintain amounts due for the claim under "applicable "underlying insurance" in full force and effect, underlying insurance". coverage hereunder shall not be invalid, but shall 11. Legal Action Against Us apply to the same extent that it would have applied had there been compliance with this No action shall be taken against us unless, as a condition and in no event will our liability be more condition precedent, there has been: than it would have been if there had been no such a. Full compliance with all the provisions of this change in underlying insurance unless we policy, and agreed to the change in writing. 8. Other Insurance b. The amount of our obligation to pay has been finally determined either by final and non- a. This insurance is excess over, and shall not appealable judgment against the Insured after contribute with any other insurance, whether trial, or by written agreement between you, primary, excess, contingent or on any other the claimant and us. basis. This condition will not apply to No person or organization shall have the right insurance specifically written as excess over under this policy to join us as a party to any claim, this policy, suit or proceeding against the insured to When this insurance is excess, if no other insurer determine the Insured's liability, nor shall we be defends, we may undertake to do so, but we will impleaded by any insured or their legal be entitled to the insured's rights against all other representative in any such claim, suit or insurers, proceeding. b. When this insurance is excess over other 12. Subrogation - Recoveries insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: a. In the event of any payment under this policy, we shall be subrogated to all your rights of (1) The total amount that all such other recovery against any person or organization, insurance would pay for the loss in the and you shall execute and deliver instruments absence of the insurance provided under and papers and do whatever else is this policy; necessary to secure such rights. (2) The total of all deductible and self-insured b. Any amounts recovered after any payment amounts under all other insurance; and under this policy shall be apportioned as (3) All other mechanisms (including follows: contractual obligations of any person or organization to the Insured) arranged for funding of"ultimate net loss". XPCOVFORM-0815 Includes copyrighted material of Insurance Services Offices, Inc., Page 5 of 6 with its permission.