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This endorsement, effective 12:01 AM, February 28, 2007 <br />Forms a part of Policy No: EG223762 <br />Issued to: Ware Disposal Company, Inc. <br />By: Select Programs Insurance Services <br />When this insurance is excess, we will <br />have no duty under Coverage A or B to <br />defend any claim or suit that any other <br />insurer defends. We will undertake to <br />do so, but we will be entitled to the <br />insured's rights against all those other <br />insurers. <br />When this insurance is excess over <br />other insurencer we will pay only our <br />share of the amount of the loss, if any, <br />that exceeds the sum of: <br />(a) The total amount that all such <br />other insurance would pay for the <br />loss in the absence of this <br />insurance; and <br />(b) The total of all deductible and self - <br />insured amounts under all that <br />otherinsurance. <br />We will share the remaining loss, if <br />any, with any other insurance that I$ <br />not described in this Excess Insurence <br />provision and was not bought <br />specifically to apply in excess of the <br />Limits of Insurance shown in the <br />Declarations of this Coverage Part. <br />c. Method of Sharing <br />If all the other insurance permits <br />contribution by equal shares, we will <br />follow this method also. Under this <br />approach, each insurer contributes <br />equal amounts until it has paid its <br />applicable limit of insurance or none of <br />the toss remains, whichever comes <br />first. <br />If any of the other insurance does not <br />permit contribution by equal shares, <br />we will contribute by limits. Under this <br />method, each Insurer's contribution is <br />based on the ratio of its applicable <br />limits of insurance to the total <br />applicable limits of insurance of all <br />insurers. <br />77479 (1101) <br />CI1256 <br />Section 16. of this Endorsement <br />provides such insurance as is afforded <br />under this policy, but only with respect <br />to your operations, your work or <br />facilities owned or used by you. <br />DEFINITIONS <br />17. MENTAL ANGUISH <br />SECTION VI - DEFINITIONS, Paragraph 3. <br />bodily injury, is deleted in its entirety and <br />replaced with the following: <br />S. Bodily injury means, with respect to <br />Coverages A, B, and C, bodily injury, <br />sickness or disease sustained by a <br />person, including mental anguish or <br />death resulting from any of these at <br />any time. <br />Bodily injury means, with respect to <br />Coverages 0-1 and D-2, physical <br />injury, or sickness, disease, mental <br />anguish or emotional distress sustained <br />by any person, including death <br />resulting therefrom. <br />18.INCIDENTAL MALPRACTICE LIABILITY <br />a. The following is added to SECTION IV - <br />DEFINITIONS, Paragraph 3.: <br />With respect to Coverages A., B., and C. <br />bodily Injury shall include injury arising out <br />of the rendering or failure to render <br />medical or paramedical services to persons <br />by any physician, dentist, nurse, <br />emergency medical technicians or <br />paramedic who is employed by you to <br />provide such services. <br />b. SECTION H - WHO IS AN INSURED is <br />amended as follows: Paragraph 2., <br />Subparagraph a- (1) (d) does not apply to <br />nurses, emergency medical technicians or <br />paramedics referred to in Paragraph a• of <br />Section 18. Of this Endorsement above. <br />PAGE 9 OF 11 <br />