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• 02/'03/2004 16:37 3103937 WHITE & CO rage: uvj PAGE 03CO3 When this insurance is excess, we will have, no duty under Coverages A or B to defend the in- sured against any "suit" if any other in§urechas a duty to defend the insured against that 'su l". 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 sharii of the amount of the loss, if any; that exceeds the. sum of: (1) The total amount that elf such other insur- once. would pay for the loss in therabsence of this insurance; and .(2) The total of all deductible and self -insured amounts under all that other insurance. We will share. the remaining loss, if any; with any other'in$urance that Is not described in this Excess Insurance provision and was not bought .specfccaly, 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 contribu- 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. 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, 6. 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 6. Representations By accepting this policy, you agree; a. The statemonts in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We haysissued this policy in reliance upon your representations_ 7. Separation:0f insureds Except with respect to the. Limits df Insurance, and any rights or duties specifically assigned in this Coverage: Part to the first Named insured; this insurance applies: a. As if 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 We 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 re nor newal not less than 30 days before t4 expi- ration date. If notice is mailed, proof of maiing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. "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. 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 "mobila 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 (Inclurdng Its territories and possessions), Puerto RICO and APPROVED AS TO FORM Canada; Laura Stitt Sheedy Page 10 of 13 AssistJd;?iLyii9hkJBfpRnce Services Office, Inc., 1997 CG 00 01 07 98 1