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<br />4. legal Action Against Us '......, <br /> <br />. <br /> <br />No person or organization has a right un- <br />der this policy: <br /> <br />a. To join us as a party or otherwise <br />bring us into a "suit" asking for dam- <br />ages from an insured; or <br /> <br />b. To sue us on this policy unless all of <br />its terms have been fully complied <br />with. <br /> <br />A person or organization may sue us to . <br />recover on an agreed settlement or on a ,~'J <br />final judgment against an insured obtained ~ <br />after an actual trial; but we will not be li- <br />able for damages that are not payable un- <br />der the terms of this policy or that are in <br />excess of the applicable limit of insurance. <br />An agreed settlement means a settlement <br />and release of liability signed by us, the in- <br />sured and the claimant or the claimant's <br />legal representative. <br /> <br />5. Separation Of Insureds <br /> <br />Except with respect to the Limits of Insur- <br />ance, and any rights or duties specifically <br />assigned in this policy to the first Named <br />Insured, this insurance applies: <br /> <br />a. As if each Named Insured were the <br />only Named Insured; and <br /> <br />b. Separately to each insured against <br />whom claim is made or "suit" is <br />brought <br /> <br />F. OPTIONAL COVERAGES <br /> <br />If shown as applicable in the Declarations, the <br />following Optional Coverages also apply. <br />These coverages are subject to the terms and <br />conditions applicable to the liability coverage <br />in this policy, except as provided below. <br /> <br /> <br />Additional Insureds <br />Agreement or Permit <br /> <br />By Contract, <br /> <br />The following paragraph is added to <br />WHO IS AN INSURED (SECTION C): <br /> <br />L' 5. Any person or organization designated <br />in the Declarations to whom or to <br />.\A~tt w~ich you are obligated by virtue of ~ <br />J;\' wntten contract, agreement or permit <br /> <br />BP 71 08 (Ed. 04 96) <br /> <br />Page 14 of 20 <br /> <br /> <br />to provi~such insurance as afforded <br />by this policy is an insured, but only <br />with respect to liability arising out of: <br /> <br />a. Your ongoing operations for that <br />insured by you; <br /> <br />b. Permits issued by state or political <br />subdivisions for operations per- <br />formed by you; or <br /> <br />c. Premises you own, rent, occupy <br />or use. <br /> <br />This provision does not apply unless <br />the written contract or agreement has <br />been executed, or the permit has <br />been issued, prior to the "bodily in- <br />jury," 'property damage,' 'personal <br />injury" or 'advertising injury." <br /> <br /> <br />This provision does not apply to any <br />person or organization included as an <br />insured under Additional Insureds -- <br />Vendors. <br /> <br />2. Hired Auto and Non-Owned Auto liabil- <br />ity <br /> <br />a. Insurance is provided only when indi- <br />cated in the Declarations. <br /> <br />1) Hired Auto liability <br /> <br />The insurance provided under <br />this coverage form, paragraph <br />A.l., Business Liability, applies to <br />'bodily injury" or 'property dam- <br />age' arising out of the mainte- <br />nance or use of a "hired auto' by <br />you or your "employees" in the <br />course of your business. <br /> <br />2) Non-Owned Auto liability <br /> <br />The insurance provided under <br />this coverage form, paragraph <br />A.l., Business Liability, applies to <br />"bodily injury" or "property dam- <br />age" arising out of the use of any <br />"non-owned auto" in your busi- <br />ness by any person other than <br />you. <br /> <br />b. For insurance provided by this op- <br />tional coverage only: <br /> <br />Printed in U.S.A. <br /> <br />