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,to, 4/16/2004 Time, 10,01 AM To, Thompkl Carla ® 1-714-647-6549 Page: 009-011 <br />02/03/2004 16:37 3103937166 <br />t <br />SECi, ON IV - COMMERCIAL. GENERAL. <br />LlABIL1'EY coND1Ttoms <br />i."13ankraptcy <br />SanicrtiptCy MIS insured or of the <br />ihsured's estate wtll not relieve as of our oblige- <br />tions under this Covaragw Part. <br />2.. Ditties In, The Event.Of Occurrence; Offense, <br />Glair Or Suit <br />,a: You must see to it that: we are notified as soon <br />as practicable of arr.'ocCdrrencs" or an offense <br />rwhiah may result in a.daim.. To the axtont <br />gosslbie, notice should. lncludo. <br />(1)' How, when and Whorw the 'occurrence" or <br />offense took place; ' <br />(2) The names and addresses of any injured <br />persons and witnesses; and <br />{3) The nature and location of any injury or <br />damage arising out of. the 'occurrence' or <br />offense. <br />b- if a claim is made or `suit.' is brought against <br />any insured; you must: <br />(1) Immediately record the specifics of the <br />claim or ^suit' and the date received; and <br />(2) Notiry, us as soon as practicable. <br />You must see to it that we receive written no- <br />tice of the claim or "suit" as soon as practica- <br />ble. <br />c. You and any other invotvad insured must. <br />(1) Immediately send us copies of any de - <br />mends, notices, summonses or Iegai pa- <br />pers recelved_in connection with the claim <br />or 'stW*. <br />(2) Authorize us to obtain records and other <br />information; <br />(3) Cooperate with us in the.mvestigation or <br />settlement of the claim or defense against <br />the "suit"; and <br />(4)-Assist us, upon our request, in the en- <br />forcement of any right against any person <br />or organization which may be liable to the <br />insured because of injury or damage to <br />which this insurance may also a". <br />d. No Insured will, except at that insured's own <br />cost, voluntarily make a payment, assume any <br />obligation, or Incur any expense, other than for <br />first aid, without our consent. <br />3. Legal Aston Against Us <br />No person or organization has a right under this <br />Coverage Part: <br />a. To join us as a parry or otherwise bring us Into <br />a 'suit" asking for damages from an insured; or <br />WHITE & CD <br />PAGE 02/03 <br />b, To sue us on this, Coverage Part unless all of <br />its terms have beer*fally`Complied with. <br />A person a organization. may, sue us to recover <br />on an agreed settlement or. on a final judgment <br />against an insured obtained after an actual trial; <br />but we will not be liable for damages that are not <br />payable under the terms of this Coverage.Part or <br />that, are In excess of the, applicable limit of Insur:- <br />ance. An agreed settlement means a seplement <br />and. release of liability signed by us, the insured <br />and:the claimant or the claimant's legal represen- <br />`'tati ie. <br />%4: Other insurance <br />It other valid and Coilectible insurance is available <br />to the insured for a loan we cover under Cover- <br />ages A or B of this Coverage Part, our obligations <br />are limited as follows:. <br />a. Primary Insurance <br />This Insurance Is primary except when b. be- <br />low applies. If this insurance is primary, our <br />obligations are not alleded unless any of the <br />other. insurance is also primary. Then, we will <br />share with all that other insurance by the <br />method described in c. below. <br />b. Excess insurance <br />This insurance is excess over <br />(1) Any of the other insurance, whether pri- <br />mary, excess, contingent or on any, other <br />basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk o�-41mi- <br />tar coverage for 'your work"; <br />(b) That i§ Fire insurance for premises <br />rented to you or temporarily occupied by <br />you with permission of the owner; <br />(c) That is insurance purchased by you to <br />cover your liability as a tenant for <br />"property damage" to premises rented <br />to you or temporarily occupied by you <br />with permission of the owner; -or <br />(d) If the loss arises out of the maintenance <br />or use of aircraft, "autos" or watercraft <br />to the extent not subject to Exclusion g. <br />of Section I - Coverage A - Bodily In- <br />jury And Property Damage Liability. <br />(2) Any other primary Insurance available to <br />you covering liability for damages arising <br />out of the premises or operations for which <br />you have been added as an additional in- <br />sured by attachment of an endorsement. <br />CG 00 01 07 98 Copyright, Insurance Services Mice, Inc., 1997 page 9 of 13 <br />