OMNIPOINT COMMUNICATIONS, INC. 2 - 2005

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qUG-30-2006 19:45 T -Mobile USA, Inc. Policy IRGD 5000064 Effective May 1, 2006 b. To sue us on this Coverage Part unless an 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 Coverage Part or that are in excess of the ap- plicable knit of insurance. An agreed settlement means a settlerttent and release of liability signed by us, the insured and the claimant or the claim - Ws legal representative. 4. Other Insurance 0 other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or ti of this Coverage Part, our obligations are krnited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, tar cbfga- gone are not affected unless any of the other Insurance Is also primary. Then. we will share with all that other insurance by the method de- smWed'n c. below. C. b. Excess Insurance This insurance is excess over. (1) Any of the other insurance, whether- pri- mary, excess. Contingent or on any other basis: (a) That is Fire, Extended Coverage, Binder's Risk, Inshkillon Risk or similar coverage for "your woW; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, (e) That is insurance purchased by you to cover your lability as a tenant for "prop- aft d~ to pretrises rented to you or temporarily occupied by you with permission of the owner, or (d) If the loss arises out of the maintenance or use of aircraft, "autos' or watercraft to the extent not subject to Exciusm g. of section I — Coverage A — Boefily Injury And Property Damage Liability. When this insurance is excess, we will have no duty under Coverages A or B b defend the in- sured agauut any "suit" If any other insurer has a duty to defend the insured against that "suir. If no other insurer defends. we wig undertake to do so, but we wig be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance woM pay for the loss In the absence of this insurance; and (2) The total of all deductible and sebfanstred amounts under all that other insurance. We will share the remaining loss. N any. with any other Insurance that is not described In tia Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If ail of the other Insurance permits contribution by equal shares, we will fnlow this method also. Under this approach each insurer oonkib- utes equal amounts until t has paid tla applica- ble limit of insurance or none of the loss re- mains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we wig contribute by limits. Under tits metlnod, each insurer's share is based on the ratio of its applicable limit Of insurance to the total applicable limits of in- surance of all insurers. 5. Premium Audit a. We will compute at premiums for this Cover- age Part In accordance with our rules and rates. b. (2) Any other primary Insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- C dorsement CG 00 0112 04 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 earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the big. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium compute. tion, and send us copies at such times as we may request ® ISO Properties, Inc., 2003 5 Page 11 of 15 ❑ TOTAL P.03