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4/16/2004 Time, 10,01 AM To: Thompkins, Carla 0 1-714-647-6549 02/03/2004 16.37 3103937186 WHITE & CO Page: 010-011 PAGE 03,103 When this Insurance is exoess: we will have.no duty under• Coverages A or 8 to, tlefe4ld:the in sured agafrtsr'any "suit"* if any otter insurerhas a duty to defend the insured against thaC„suit". if no other. insurer defends, we will undertake to do so, but we will be entitled to the insureds' rights. against all those other insurers..' ; 1h(hen, this. insurance is excess over other Vl- surance, we will pay only, our shars'of the amount of the loss, if any; that exceeds fix - Bum, of: (I). Ttie total amount that all'-suchother ihsur ance.wqufd pay for the loss in therabsenc-a of this insurance: and (2) The total of all deductible and self -insured arrsounts under all that other insurance. We wig share. the remaining loss, it any' with any other insumnict that ii hot described in this Excess insurance provision and was not bought .specifically to apply In excess of the Limits of Insurance shown in the Declarations of thls.Coverage. Part. c. Method Of Sharing' If 'aCof the Ether insura* permits contribu fldtt' by e- ual shares, we will follow this method also: Under this approach each insurer c:on- tn-bides equal amounts until it has paid its ap- plicable limit of Insurance or none of the loss remains, whichever comes first. if.any 'of the -other Insurance does not permit contribution try equal shares, we will contribute by. limits. Underthis method, each insurer's share` is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of aWinsurers. B. Premium Audit a. We will compute an premiums for this Cover- age Part in accordance with our rules 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 clue 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..ln- sured. c. The first Named Insured must keep records of the information we need for premium Compu- tatlon, and send us copies at such times as we may request: Page 10 of 13 8. Represertiations . By acceoting:this policy; you agree: a. The statements In the Declarations are accu- rate acid"complete; b. Those statements are based upon represents - lions you:made to us; and c; We haveissued this policy in reliance upon your representations- T. Separatiaa:Of Insureds Except "i8r respect to tfie- Limits of Insurance, and any rights or duties specifically assigned in this CovsraWPart to the first Named. Insured, this insurance :applies: a. As if each Named Insured were the only Named Insured; and b. separatey to each insured against whom claim is mace or "suit" is brought. a Transfer Of Rights Of Recovery Against Others To Us If the insured has righteto recover all or.part of any payment we have made under this Coverage Part, 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. 9. 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 3o days before th -expi- ration date. If notice is mailed, prof of mailing will be sum- ciem proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that Ls broadcast or published to the general public or specific mar- ket segments about your goods, products o> serv- lose for the purpose of attracting customers or . -supporters. - - 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. But "auto" does.not include "mobile equipment. 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 4. "Coverage territory" means; a. The United States of America (incluefing its territories and possessions), Puerto Rico and Canada; 9 V Copyright, insurance Services Office, inc., 1997 .:, CG 00 01 07 98