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<br />JUl 16 '05 14:15 FROM: <br /> <br />(2) Authorize ue to obtain mcords and other <br />information: <br /> <br />t3) Cooperate with us in thjJ invelOot.igation or <br />settlement of the claim c,r defense against <br />the "suit"; and <br /> <br />(41 Assist us, upon our request, in the en- <br />forcement of any light against any person <br />Dr orgamzation which m.y be liable to the <br />insured because of injllry or damZlgo to <br />which this insurance may also epply. <br /> <br />d. No insured will, except at thet insured's own <br />cost. vOlunnuily make a pa~'ment. assume any <br />obligation, or incur any expense, other than <br />for first aid, without our consent. <br /> <br />3. l..gal Action Ag..lnBt UB <br /> <br />No person or organization has a right under this <br />CoverZllgc Pe.r1: <br /> <br />8. To join us as 8 party or otherwise bring us in. <br />to a l'suit" asKing for damagee from an in- <br />sured; or <br /> <br />b, To sue us on this Covera!le Part unless all of <br />its t.rm. have been fullv complied with, <br /> <br />A person or organization ma'l sue us to recover <br />on an agreed seTtlemant or .on a final judgment <br />again.t an insurBd; but we will not be liable for <br />damages. that are not payabhil under the terms of <br />this Coverage Part or that are in exceBS of the ap- <br />plicable limit of insurance. An agreed senlemBnt <br />means a sattlement and relBlIse of liability signed <br />by us. tht'l inlSured and the claimant or the claim- <br />ant's legal representative. <br /> <br />4. OthBr Inaurance <br /> <br />If othor valid and collectible insurance is available <br />to the insured for a loss WII COVBr undBr Cover- <br />agBS A or B of this Cove rag" Part. our obligations <br />arB limited as lollows: <br /> <br />a_ Primary InBuranc.. <br /> <br />This; in~uranC8 is primary except when b. be~ <br />low applies. If this insllrance is primary, our <br />obligations are not affected unless any of the <br />other insurance is also primary. Then. we will <br />share with all that othBr insurance by the <br />mBthod describBd in c. IDelow. <br /> <br />b. Excess InsuronDO <br /> <br />This insurance is exce9:S over: <br /> <br />11) Anv of the other insurance. whether pri- <br />mary. eJCC088, contingent or on any other <br />basis: <br /> <br />(al That is Fire, Extanded Coverage. <br />Builder', Risk, In.taUat,on Risk or .imi- <br />lar coverage for "your wDrk"; <br /> <br />T-146 P 31/44 F-070 <br /> <br />(bl That is Fire insurance for premises <br />ronted to you or temporarilV occupied <br />by you with permission of the ownsr; <br /> <br />(e) That is InsuranCB purohSBad by vou to <br />cover your liabilitv as a tenant for <br />"propertv dBMsge" to premises rentod <br />to you or temporarilv occupied by you <br />with permission of th8 owner; or <br /> <br />ldl \I lha loss arises out of the main- <br />tenance or use of aircraft. "autoan or <br />wat..rcralt to the axtent not s~bjBct to <br />Exclusion g. of Sactlon I - Covaroge A <br />_ Bodily Injury And property Damage <br />Liability . <br /> <br />(21 Any other primary insurancB availablB to <br />you covaring liability for damage. ari.ing <br />out of the premises or operations for <br />which you havB bBen added a. an addi- <br />tional insured bv attachment of an en~ <br />d015em..nt. <br /> <br />When this Insuranca i3 8)(08610. we will have <br />no duty under Coverage, A or B to delend the <br />insured against any ".uit" if any other insurer <br />has a duty to defBnd the insured against that <br />"suit". If no othlBr inlllurar defends. we will un- <br />dertake to do so. but we will bB entitled to <br />th8 in:sured'a right.. against all those other in. <br />sursrs. <br /> <br />When this insurance Is e)CCS5S oYar athor in- <br />surance, \I\Ie will pay only our share of the <br />amount of tha los,. if anv, that exceeds the <br />sum of: <br /> <br />(1 I The total amount that all such other in.ur- <br />anca would pay for the loss in the ab- <br />sence at this insurance; and <br /> <br />(2) The total of all doduatibl. and self-insured <br />amounts under all that othBr in.uranca. <br /> <br />We will .hare the remaining los., if any, with <br />any other insurance that is not described in <br />this Excess In9urance provision and WZl3 not <br />bOUght spacifically to apply in excess of the <br />Limits of Insurance shown In the Declarationa <br />of this Coverage Part. <br /> <br />c. Method Of Sharing <br /> <br />If all of thB other in.uranCB permits contribU- <br />tion bv equal shar..s, we will follow this meth- <br />od also. Under this approach C18ch inliiursr <br />contribute. equal amounts until it has paid its <br />applicable limit of Insur12nclI or nane of the <br />loss remains. whichever comes first. <br /> <br />If any of the other insurance does not permit <br />contribution bv equal shares. we will con~ <br />tribute by limits. Under this method, each in- <br />surer's share is based on the ratio of its appli- <br />cable limit of insurance to the tOlal applicable <br />limits of insurance of all insurers. <br /> <br />CG OD D110 D1 <br /> <br />Copyright. ISO Properties, Inc., 2000 <br /> <br />pagD 10 of 14 <br />