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i To: City -of Santa Ana From: Blanca Roque 3-21-06 2:31pm p. 9 of 6 Fieldman, Rolapp & Associates 72SBAAF9892 3/27/2006 BUSINESS LIABILITY COVERAGE FORM (2) Notify us as soon as practicable. Ycu must see to it that we receive a wrtten notice of the claim or "suit" as soon as practicable - SO this condition will not be considered broached unless the breach occurs after Such claim or "suit" is known to anyone lisped 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,) insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expanse, 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 the pfovisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the e:dent of the coverage and limits of insurance required by that law. It. With respect to "mobile equipment" to which this insurance applies, we will pi'ovide any liability, uninsured motorists, u iderinsured motorists, no-fault or other coverage required by any motor vehicle lew. We will provide the required limits for those coverages. 4. Legs: Action Against Us No p°rson or organization has aright under this c average form: a. To join us as a party or otherwise bring us irto 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 complied with. A person or organization may sue us to recover on an agreed settlement or on a final 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 daiment's legal representative. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties 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 Disclose 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 15 AN INSURED, this Other Insurance Provision is applicable, If other valid and eollad6le 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 will 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, Builder's Risk, Installation Risk or similar coverage for "your work"; Page 14 of 2 ] � 5 "// /� Form SS 00 08 04 01