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te: 4/26/2005 Time: 3:16 PM To: Laura ~ 1-714-647-6515 - 02/'0312004 16:37 3103937 When this insurance is excess, we will have.no duty undec,Gayerages A or 6 to defend'ihe in- sured against any °suit" ff any other insurer: has a duty to defend the insured. against that 'suit". tf no other insurer defends, we will nndenake to da so, but ws will be untitled to the insured's rights against: all thoso other insurers- , When this. insurance is excess over other in- surance, We will pay Only our share'of the amoum of the loss, if any,- that exceed's the. sum oi: (Y} The total ameunt that all'such other insur- ance. would pay for the bss in the+'absenpa of tttis insurance; and (2} The total of all deductible and self-insured anibunts under all that other insurance- We•will share the remaining loss, if any; with any other'"insurance that is rmt described in this Ezeess Insurance provision and was not bdiight .specifically to apply in excess of the Limits of Insurance shown in the peclarationa of this.Coverage Part. c. Method Ot Sharing If aN'of the other insurance .permits contribu- tion by equal shares, we wit! follow this method also. Under this approach each insurer epn~ tributes equal amounts urrtif it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. If any of the..ot#ier insurance door not permit contribution °by equal shares, we will contribute oy. limits. Under' this method, each insurer's share is based on the retie of its applicable (imR 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 acaordance 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 eamed premium for that period. Audit premiums era 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, wa will return the excess to the first Nomad. 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. "Advertisement"means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products aF serv- ices for tho purpose of attracting customers or supporters. "Auto" moans a land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. Girt "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 Status of America (ihcluding its territories and po5585sionS), PGerto Rico and Canada; WHITE & CO Page: 003 PAGE 03/03 6, Repre§entations , By acceptinglthis policy; you agree: a'. The statements in the Declarations'are accu- rate and complete; b. Those statements are based upon representa- tions you:rnade to us; and c. Wo have. issued this policy in reliance upon your representattons_ ~: 7: Separatiorr:Ot Insureds .~. F~ccepY with respect tc the- Limits of .Insurance, artd any rights or duties specifically assigned in this Coverage: Part to the first Named:'Irtsured; this insuranceapplias: a. As if each Named Insured were the only Named Ihsured: and b, Separately to each insured against wham claim is made ar "suit" Is Exought 8. Transfer Of Rights Ot Recovery Against Others To Us If the insured has rights°to recover all or.part of any payment we have made under this Geverage Part, those rights arc 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 VVe I7o Not Renew if we decide not to renew this Coverage Part, we will mad or deliver to the first Named Insured shown in the Declarations written notice.,of the nonrenewal not less than 3o days before thr3 expi- ration date. If rwtice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V -DEFINITIONS i 2. 3. 4. APPROVPD AS TO FARM ~~~ ~~/d Laura Stitt Sheedy Page 10of 13 Assist~it4~R~~rt~rd>5~a'~nce Services Office, 1nc., Y997 CG 00 Ot 07 98 I