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<br />~UG-30-2006 19:45 <br /> <br />P.03 <br /> <br />T-Kobile USA, Inc. <br />Policy IReD 5??oo64 Effective May I, 2006 <br /> <br />b. To sue us on this Coverage Part unless an of <br />Its lem1s '-e been fully complied with. <br />A peraon or organization may sue us to recover on <br />an agreed sellIement or on a final judgment <br />against en 1nsun!lcI; but _ will not be liable for <br />damages that are not payable under the lenns of <br />this Coverage Part or that are In excess of the ap- <br />plicable limit of Insurance. An agreed seIIlement <br />means a setllement and release of liability slgned <br />by us. the InSUAld and the Claimant or the Claim- <br />anl'$ legal represe..bo6ve. <br />4. Other Insurance <br />If olher valid and c:olIecWe insurance is available <br />to Ihe inSUIed for a loss we cover under Cover- <br />ages A or B of 1hls Coverage Part, our OOf'9alions <br />are IimiIed as foIows: <br />a. Prlmary Insurance <br />This Insurance is primary except when b. below <br />applies. If this insurance Is primary, our obIiga- <br />llons are not afl'ec:Ied unless any of the other <br />Insurance Is also primaty. Then. we will share <br />with an that other insurance by the melhod de- <br />scribed in c. below. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, wfleIher. pri- <br />mary, excess, contingent or on any other <br />basis: r <br />(a) That is Are, Extellded Coverage. <br />Builder's Risk, InslaIlalion Risk or similar <br />coVelage for "your WOl1<"; <br />(b) That is FIn! insurance for premises <br />rented to you or temporarily occupied by <br />you with permission of !he owner; <br />(cl That Is insurance purchased by you to <br />cover your liability as a tenant for "pr0p- <br />erty damage" to premises rented to you <br />or ~Iy occupied by you with <br />permission of the owner; or <br />(d) If the loss arises out of the maintenance <br />or use of airaaft, "autos" or waterorallto <br />the extent not subject to Exdusion g. of <br />Section I - Coverage A - Bodily Injury <br />And Property Damage Liabili1y. <br />(2) Any Other primary insurance avaBabte to <br />you covering Uability for damages arising <br />out of lIle premises or operations. or the <br />products and completed operations, for <br />which you have been added as an addi- <br />tional insured by attachment of an en- <br />dorsement <br /> <br />~i1 <br /> <br />CGOO011204 <br /> <br />When this insurance Is excess, we wi. have no <br />duly under Coverages A or B to defend the in- <br />sured against any "suit" it any olher inswer has <br />a duly to defend the insured against that .suit". <br />If no other Insurer defends. _ wII undertake to <br />do so, but we will be entitled to the insUIed's <br />rights against al those other insurers. <br /> <br />Wlen this insuIance is excess over other in- <br />surance, we win pay only our share of the <br />amount of the loss, if any, that exceeds the <br />sum of: <br /> <br />(1) The total amount that aU such other insur- <br />ance woufd pay for the loss in the absence <br />of this insurance; and <br /> <br />(2) The lotaI of a8 deductible and self-insured <br />arnoc.mIs under all that other insurance. <br /> <br />We will share the remaining loss. it any, with <br />any other Insurance that Is not descrlbed In lhia <br />El<<:ess Insurance provision and was not <br />bought specifically In apply in excess of the <br />Umils of Insurance shown in the OeclaraIIons <br />of this Coverage Part <br /> <br />c. Method Of Sharing <br /> <br />If all of the other Insurance permits contlilulion <br />'by equal shares, we wiI foIow lhis method <br />also. Under this approach each insurer conbib- <br />utes equal amounts unliI it has paid ils appflCa- <br />bIe limit of Insurance or none of the loss re- <br />mains, wIllehever comes first. <br /> <br />If any of the other insurance does not pemit <br />contribution by equal shares, we wil contribute <br />by linlits. Under this method, each insurer's <br />share is based on the ratio of its applicable limit <br />of insurance to the lotaI applicable limits of in- <br />surance of all insurers. <br /> <br />5. Premium Audit <br /> <br />a. We WIll compute an premiums for this Cover- <br />age Part in accordance with our rules and <br />rates. <br /> <br />b. Premium shown in this Coverage Part as ad- <br />vance pemlurn is a deposit premium only. N. <br />the close of each audit period we wiY compute <br />the earned premium for that period and send <br />notice to the first Named Insured. The due llate <br />for audit and retrospective premiums is the <br />dale shown as the due date on the biD. If the <br />sum of the advance and audit premiums paid <br />for the policy period is greater than the earned <br />premium, we will return the excess to the first <br />Named Insured. <br /> <br />c. The first Named Insured must keep records of <br />the infonnalion we need for premium computa- <br />lion, and send us copies at such times as we <br />may request. <br /> <br />e ISO Properties, Inc., 2003 <br /> <br />Page 11 of 15 D <br /> <br /> <br />TOTRL P.03 <br />