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Me: Y/6b/dvvD '1'1QIe: 3:1b evi '10: 63LLIa (� 1-/14-64/-bSlb 02/03/2004 16:37 3103937 Page: WHITE & CO PAGE 02/03 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. 'Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part, 2,Duttesln The Event Of Occurrence; Offense, Claim Or Suit a You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a'claim. To the extent possible, notice should include: (t+ How, when and where the °occurrence,, or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a clamp is made or 'suit'' is brought against any insured, you must:' (1) Immediately record the specifies of the claim or "suit- and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands,' notices, summonses or legal pa- pers received in connection with the claim or "sua (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any Obligation, or Incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part. a. To join us as a party or otherwise bring us into a "suit' asking for damages from an insured; or CG 00 01 07 98 b_ To sue us on this. Coverage Part unless all of its terms have beenfullycomplied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage'Parr or - that are in excess of the. applicable limit of Insur- ance. An agreed settlement means a settlement andrelease of liability, signed by us, the`Insured and: the claimant or the claimant's legal represen- tative, -t ; Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or 13 of this Coverage Part, our obligations are limited as follows,. - a. Primary Insurance This insurance is primary, except when b. be- low applies. If this insurance is primary, our obligations are not affected unless any of the otherinsurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess insurance This insurance is excess over! (1) Any of the other insurance, whether pri- mary, excess, contingent or on any, other basis: (a) That is Fire, Emended Coverage, Builder's Risk, Installation Risk oi� Simi- lar coverage for 'your work"; (b) That iA Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to promises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily In- jury And Property damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which. you have been added as an additional in- sured by attachment of an endorsement. S' tiPPRO�VEEDD AS �TO FORM Laura Stitt S.. 4saistant City .. -� Copyright, Insurance Services Office, Inc., 1997 - Page 9 of 13