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COMMERCIAL GENERAL LIABILJIY or organization which may be liable to the insured decease of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, vduntarily make a payment, assume any obligation, or inCUr arty expense, other than for first aid, wdhout our consent. 3. Legal Acton Against Us No person or organization has a right under this Coverage Part: a. To jdn us as a party or otherwise lxing us into a "suit" asking for damages from an in- sured: or b. To sue us on this Coverage Part unless alt of hs terms have been fully complied with. A person or organzation may sue us to recover on an agreed settlement or on a final judgment against an insured; turf We will' not be Gable for damages that are nd payable under the terms of this Coverage Pad or that are in excess of the applicable iimil of insurance. An agreed settle- ment means a settlement and release of fiabilily signed by us, the insured and the dai'rttent or the Gaimant's legal representative. 4. Other inwrance It other vaUd and collecirble insurance i5 available .;~ to Ute insured for a loss we cover under Cover- , ~ ages A or B of 1hi5 Coverage Part. our obligatlons are Umfted as fdlows: ~' a. Primary Insurance '~ This insurance is primary except when. b, be- low applies. ff ttrls insurance is primary, our ~ obligations are not atfeded unless any of ttre other insurance IS also primary. Then, we will ~ share with aU that Ottrer insurance by the „_ method described in c. below. b. Excess Insurance ~ -This insurance is excess over. ~ {1) Any of the other insurance, whether pri- many, excess, corr<irgerrt or on any other basis: {a) That is Fire, Extended Coverage, - Builder's Rtsk, InstaNagan Risk or slnrilar wverage for "your work'; (b) That is Rre Insurance for premises ° rented to you or temporarily oaarpled by you wdh permission of the owner, CG 00 01 10 01 ®ISO Properties Ina., 2000 owuc (c) That is insurance purchased by you to cover your Nabllily as a tenant for 'property damage' to premtses rented to you or temporarily occupied by you with permisslon of the owner; or (d) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1-Coverage A -Bodily Injury And Property Dam- age UabilAy. (2) Any other primary insurance available to you covering IiabiUty for damages arising out of the premises or operations for which you have been added as art addi- tional insured by attachment of an en- dorsament. When this insurance is excess, we will have no duty under Coverages A or B to deferxl the insured against arty "suit" ii any other In• surer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be enUUed to the insured's rights against all tttose other in• SUrefS. When this insurence is excess over other in• surance, we will pay only our share of the amount of the bss, K any, that exceeds the sum ai: (1) The total amount that ~ such other in- surance would pay for the loss in the ab- sence of this insurance: and (2) The total of ail dedudide and selFirtsured amounts under a8 that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought spedfically to appy in excess of the Llrrrits of Insurance shown in the Declarations at ttds Coverage Part. c. Method Of Sharing It all of the other insurance permds conMbu- tion by equal shares, we will follow this method also. UrMer this approach each in- surer contributes equal amounts until it has paid its applicable limit of Insurance Ot none of the loss remains, whichever comes first. If any of the other insurance does not permit contdbufion by equal shares, we will contrite Page 11 of 16