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cte: 4/16/2004 Time, 10:01 AM To: Thompkina, Carla ® 1-714-647-6549 Page: 010-011 02/08/2004 16:37 3103937186 .r. When this insurance is excess, we will fmve.no duty under Coverages A or 8 to. deferjd: ttr - h sured agatrist any 'suit" ii any other insurer has a duty to defend the insured against that'sul<". If no other insurer defends, we will undertake to do so, but we wiA be entitled to the irsured's rights.againstaff those other insurers.., When,.this insurance is excess ever other In- surance, we ` AI pay only- our ehare'af the amount of the -less, ff any; that exceeds the, sum, of: (1 -total amount that all such other !hour- anoe. woukt pay for the loss in the absenca of Oft insurance; and .(2) The total of all deductible and self -insured amounts urider all that other insurance. We will share. the remaining lies, it arty; with any'otherins6mricE that ls'not described In this Euaess Insurance provision -and was not bought .specifically to apply in excess of the Limits of Insurance shown in the Declarations of this.Coverage. Part. . c, Method Of Sharing' . If 4`bf this tither insiirarrpe .permits contribu- tlon by equal shares, we witl follow this method also: Under this approach each insurer con- tributes equal amounts and It has paid its ap- plicable limit of Insurance or none of the loss remains, whichever comes first. It. any of the -other Insurance does not permit conlribution :by equal shares, we will contribute by. limits. Under this method, each insurer's shani Is based on the ratio of Its applicable limit of insurance to the total applicable limits of insurance of all insurers. IL Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rubs and rates, b. Premium shown In this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured_ If the sum of the ad- vance and audit premiums paid for the policy period is greater than the earned premium, .we will return the excess to the first Named In- sured. C. The first Named Insured must keep records of the information we need for premium compu- tation, grid send us copies at such times as we may request: WHITE & CO PAGE 03/03 6. Repruentations By acceoting.this policy; you agree, a: The statements in the Declarations :are accu- rate atidaomplete; b. Those statements are based upon representa. tions you:made to us; and m We have. issued this policy in reliance upon your representations_ 7. Separstiow'OT Insureds Except 'vrith `.respect to the. Limits, of ,Insurance, and any rights or duties specifically assigned in thb CovtfragdPart to the first Named.. Insured, this insuranowappliae: a. As If each Named Insured were the only Named Insured: and b. Separately to each insured against whom Claim is made or "suit" Is brought. & Transfer Of Rights Of Recovery Against Others To Us If the insured has rights°to recover all or.part bf any payment we have made under this Coverage Past, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. S. When We Do Not Renew It we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice. of the nonrenewal not less than 30 days before the expi- ration date. If riotice is mailed, proof of mailing will be sufft- ciem proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products of serv- ices for the purpose of attracting customers or supporters. 2. "Auto" means a land motor vehicle, trailer or sernitraiier designed for travel on public roads, in- cluding any attached machinery or equipment. But "auto' does -not inlude "mobile equipment'. S. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re - suiting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (includng its territories and possessions), Puerto Rico and Canada; Yip Page 10 of 1s Copyright, Insurance Services Office, Inc., 1997 CG 00 01 07 98 1