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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY I NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS & REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 With respect to insurance provided the additional insured shown in the Schedule, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS, 5. Other Insurance is deleted in its en- tirety and replaced by the foliowing: 5. Other Insurance If other valid and coliectible insurance is avaiiable to the additional insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as foliows: When this insurance is excess over any other insurance, we will pay oniy our share of the amount of the ioss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The totai of all deductible and self- insured amounts under all that other insurance. B. Primary Insurance Where required by a written contract, this insurance is primary and noncontributory as respects any other insurance policy issued to the additional insured. Other- wise, b. beiow applies. b. Excess Insurance This insurance is excess over any of the other insurance available to the additional insured whether primary, excess, contin- gent or on any other basis. When this insurance is excess, we wjll have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitied to the insured's rights against all those other insurers. We will share the remaining loss, if any, with any other insurance that was not bought specificaliy to apply in excess of the Limits of insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit ot in, surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. GA 40941001 APPROVED AS TO FORM \jt;u 'f! / ri,L) . ) Laura Slitt Shci.;.oy Assistant City Attorney