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<br />Econolite Control Products, Inc. <br />Econolite Trafffic Engineering & <br />Maintenance, Inc. <br />California Chassis, Inc. <br />Policy #35818716 <br />04/27/05 to 04/27/06 <br /> <br />Conditions <br /> <br />Duties In The Event Of <br />Occurrence, Offense, <br />Claim Or Suit <br />(continued) <br /> <br />Legal ActionAgainst Us <br /> <br />Other Insurance <br /> <br />Liability Insurance <br />Form 80-G2-20()(XRev. 4-01) <br /> <br />F. <br /> <br />Knowledge of an occurrence or offense by an agent or employee of the insured will not <br />constitute knowledge by Ole insured unless an officer (whether or not an emploYl"') of any <br />insured or an offiecr'sdesignt..'e knows about sllch occurrence or oflense. <br /> <br />G. Failure of an agent or employee of the. insured, other than an officer (whcthcror not an <br />employee) of any insured or an officer'sdesignee, to notify us of an oceurrence or offense <br />that such pcrsonknows about will not am~ct the insurance afforded to you. <br /> <br />H. If a claim or loss does not reasonably appear to involve this insurance, but it later develops <br />into a claim or loss to which this insurance applies. the failure to report it to us will not <br />violate this condition, provided the insured gives us immediate notice as soon as the insured <br />is aware that this insunUlce may apply to such claim or loss. <br /> <br />No person or organization has a right under this insurance to: <br /> <br />join us as a party or otherwise bring us into a suit seeking damages from an insured; or <br /> <br />sue us 011 this insurance U11less all of the terms and conditions of this insurance have been <br />fully complied with. <br /> <br />A person or organizatioll may sue us to r,,"over 011 an agreed settlemeut or on a final judgment <br />against an insured obtained after an actual: <br /> <br />trial ill a civil proceeding; or <br /> <br />arbitration or other alternative dispute resolution proceeding; <br /> <br />but we will not be liable for damages that arc not payable UIIder the terms and conditionsofthis <br />insurance or Omt are in excess of the applicable LimitsOf Insurance. <br /> <br />If other valid and collectible insurance is available to the insured for loss we would otherwise <br />cover under this insurance. our obligations are limited as follows. <br /> <br />Prirnarylnsurance <br /> <br />This insumnce is primary except when the Exccsslnsuranceprovision described below applies. <br /> <br />Ifthis insurance is primary, our obligations are 11m affected unless any of the other insurance is also <br />primary. Then, we will sbare with all that other insurance by the method described in the Method of <br />Sharing provision described below. <br /> <br />Excess Insurance <br /> <br />This insurance is excess over any other insurance, whctht,.'f primary. exccs~ contingent or on any <br />other ba.ltis: <br /> <br />A. that is Fire, Extended Coverage. Buildt.'r'sRisk. Installation Risk or similar insurance for <br />)'our work; <br /> <br />B. that is insurance that applies to properly damage to premises rented to you or temporarily <br />occupied by you with permission of the owner; <br /> <br />C. if the loss ariscs out of aircraft, autos or watercraft (to the extent not subJect to the Aircraft, <br />Autos Or Watercraftexclusion); <br />AFPl:.l)\-' Li) /'\.S i;- i ()~.. <br /> <br />-7;)> ( <br />......t.. <br />! <br /> <br />Contract <br /> <br />Page 22 of 32 <br />