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c. You and any other involved insured must: (1) Immediately send us copies d any de- mands, notices, summonses or legal pa- persp rje{ceived in connection with the claim ar "sU$". (2) Authorize us to obtain records and other information; (8) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the eMorcement of any right against any per- son or organization which may be i'iable to the insured because of injury or dam- age to which th{s ir~urance may also ap• ply. d. No insured will, except at that Insured's own cost, voluntar'Ny make a payment, assume any obligation, or incur any expense, other than for first aid, without our cxxtsent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or b. To sue us on this Coverage Part unless alt of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtakted after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable Nmll of Insurance. An agreed sattiement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherlnsuranoe If other valid and cxilledible insurance is avail- able to the. insured for a foss we cover under Coverages A or B of-this Coverage Part, our ob- ligations are limited as follows: Insurance This insurance is primary except when b. be- low applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with a0 that other insurance by the method described in c. below. b. Excess Insurance This insurence is excess over any of the other insurance, whether primary, excess, contin- gent or on any other basis: (1} 't'hat is Fire, F-~ctended C~~verage, Builder's Risk, Installation Risk or similar coverage for'your work"; (2) That is Fre insurance far premises rented to you or temporarily occupied by you with permission of the owner, or (3) If the ions arises out ~ the maintenance or use of aircraft, 'autos" or watercraft to the extent not subject io Exclusion g. of Coverage A (Section i). When this insurance is exa:ss. we will have no duty under Coverages A cx B to defend the insured against any 'suit` ~ any other insurer has a duty to defend the ins;urad against that 'suit". H no other Insurer defends, we will undertake to do so, but we wiN be entitled to the insured's ri~tS e~gainst all those other insurers. When this Insurance is excess over other in- 5Urar1C@, VYe Yrfll pay only our share ~ the amourrt of the loss, if any, that exceeds the sum ~: (1) The total amount that all such other in- surance would pay for the loss in the ab- sence of this insurance; artd (2} Tfre fetal of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specificalty to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing It a!t of the other insurance permits contrilr ution l~+ equal shares, we wiii fdtow this method also. Under this approach '>sach insurer contn'butes equal amounts until it .has paid its applicable timid of insurance or none of the loss remains, wh'x~ever comes first. If any of the other insurance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insur- er's share is based on the ratio of its applicable limit of Insurance to the total ap- piicabie limits of insurance of aN insurers. Cf3 00 01 01 96 Copyright, Insurance Services Office, lnc..1994 ... Page 9 of i3 ~ E'd T~eTTl dfrS=ZO tf0 ST UeC