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te: 4/26/2005 Time: 3:16 PM To: Laura fa 1-714-647-6515 02/03/2004 16:37 3103937 WHITE & CO Page: 003 PAGE 03/03 When this insurance is excess, we will have, no duty under, Coverages A or B to defenditho, in sured against any "suit" if any other insurer has a duty to defend the insured against that 'suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against:all those other insurers. , When, this insurance is excess over other in- surance, we Will pay only our share%of the amount of the loss, if any, that exceeds the sum of: - (1) The -total amount that all such other 'insur- ance. would pay for the loss in they, absence of this insurance; and .(2) The total of all deductible and sell -insured arnounts under all that other insurance. We wit! share the remaining loss, if any; with any otherinsurance that is not 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 this Coverage Part- C. Method Of Sharing If all 'of the other insurance .permits oontribu- tioN by equal shares, we will follow this method also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. It 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. , G Premium Audit a. We will compute all 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 due 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 in- sured. c. The first Named Insured must keep records of the information we need for premium compu- tation, and send us copies at such times as we may request. APPROVED AS I FORM Laura Stitt Sheedy Page 10 of 13 AssistA4ijYj)9h,&t[BpHE�nce Services Office, Inc., 1997 6. Representations By accepting, this policy, you agree; a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you; made to us; and c. We have issued this policy in reliance upon yourrepresentations- 7. Separation. Of Insureds Except with respect to the- Limits, of insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As it each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" Is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights°to 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 If 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 30 days before the expi- ration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1 2. 3. 4. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products 4 serv- ices for the purpose of attracting customers or supporters. "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. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. "Coverage territory" means: a. The United States of America (incluiing its territories and possessions), Puerto Rico and Canada; CG 00 01 07 98 [