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To: City of Santa Ana From: Blanca Roque Fieldman, Rolapp & Associates BUSINESS 1-6WILITY COVERAGE FORM (2) Notify us as soon as practicable. Ycu must see to it that we receive a written notice of the claim or "suit" as soon as practicable. Btt this condition will not be considered broached unless the breach occurs after Stich claim or "suit" is known to anyone lis'ed In 2 .a. (1) through (5) above. C. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. N,7 insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Financial Responsibility Laws a. "'hen this policy is certified as proof of financial responsibility for the future under *a provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" nribifity and "property damage" liability will compiy with the provisions of the law to the e:dent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will p"wide any liability, uninsured motorists, utderinsured motorists, no-fault or other nNerage required by any motor vehicle law. We will provide the required limits for inose coverages. 4. Lego Action Against Us No parson or organization has a right under this c3verage form- a. To join us as a party or otherwise bring us Ir to a "suit" asking for damages from an insured; or b. To sue us on this coverage form unless all of its terms have been fully compiled with. Page 14 of 2) 7 ' /' 10-04-05 10:35am p. 4 72SBAAF9892 A person or organizatlon may sue us to recover on an agreed settlement or on a fine[ judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. 5, Separation of insureds Except with respect to the Limits of Insurance, and any rights or dutisc specifically assigned in this policy 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 a claim is made or "Suit" is brought, 6. Unintentional Failure to Dlsclose Hazards It is agreed that based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we shall not deny any coverage under this Coverage Form because of such failure. 7. Other insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include In WHO IS AN INSURED, this Other Insurance Provision is applicable. If other valid and collectible insurance is available for a loss we cover under this Business Liability Coverage Form, our obligations are limited as follows: a. Primary insurance This insurance is primary. We win not seek contributions from other insurance available to the person or organization with whom you agree to include in WHO IS AN INSURED, except when b. applies. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, Contingent or on any other basis: (a) That is Fire, Extended Coverage, 13uildsr's Risk, Installation Risk or similar coverage for "your work"; Form SS 00 08 04 01 of 5