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02/03/2004 16:37 3103937186 SECTION IV - COMMERCIAL. GENERAL Lf1(wary CONDmoms ' I- Aankruptcy J3anlauptcy or insolvency .of�'the' Insured or of the ufisureds estate will not relieve us of our obliga- ttons under this Coverage Part 2..;17irtiesin -The Event ..Of Occurrence; Offense, ;Crairn Or Suit ,aC You must sea to it that nova are notified as soon :c practbable of an..!ota arienca, or an offense which may result. in a: claim.. To the extent , possible, notice should'Btdude: ( ?)' How, when and wF":jha''ocamerioe• or _ offense took place; ' "' (2) The names and addresses of any Injured persons and witnesses; and (a) The nature and' location of any injury or damage - arising out of. the 'occurrence' or offense. b. if a claim 15 made or °sut't' Is brought against anY.'nsured; you must: (1) knmedletely record the specifics of the claim or'suir and the date received; and (2) NOW us as soon as practicable. You must see to it that we receive written no- 600 of the claim or 'suit' as soon as practica- ble. 0. You and any other involved insured must. (1) Immeillately send us copies of any do- ' mands, notice$, summonses or legal pa- pers received In connection with the claim or'sufr: (2) Authorize us to obtain records and other information; (3) Cooperate with us in the.investigation or settlement of the claim or defense against the 'suit•; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the Insured because of irjuty or damage to which this Insurance may also apps. J. No inured will, except at that insureds own cost. voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid without our consent 3. Legal Acton Against Us '. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us Into a 'suit' asking for damages from an insured; or WHITE .& CO PAGE 02/03 b To sue us on this. Coverage. Part uriless all of its terms have beentully ompliedwith. A person or organization.rtiay sue us to recover on an agreed setttement'or' on a final judgment against an inured o6tarned after an actual trial. but we will not be liable for damages that are not payable under the tennis of this Coverage:Parr or that, are in excess of the applicable limit of knurry once. An agreed settlement means a settlement and release of Ilabildy 'signed by us, the''lnsured - and:the claimant or theclalmanCs legal represerr. . tathie, c r.: " -1k; Other insurance � : if ~valid and cobadtlbfe insurance Is available to the insured for a Ions we cover under Cover -' ages A or B of this Coverage PaM our obligations are limited as follows_ a. Prknary Insurance This insurance is prmLary except when b. be- low applies. If this insurance Is primary, our obligations are not affected unless any of the other. insurance Is also primary. Than, we will share with all that other insurance by the method described in o. below. b. Excess Insurance This insurance is excess over (1) Any of the other insurance, whether pri- mary, excess. contingent or on an14 other basis: (a) That is Fire. Extended Covews, Builders Risk, Installation Risk of skni- lar coverage for "your work': (b) That id Fere insurance for premises rented to you or temporarily occupied by you with permission of the owner, (c) That is insurance purchased by you to cover your liability as a tenant for "property damage' to premises rented to you or temporarily occupied by you with permission of the owner; or (d) tf the loss arises out of the maintenance or use of aircraft, 'autos' or watercraft to the extent not subject to Exclusion 9. of section I - Coverage A - Bodily In- jury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which, you have been added as an additional irr, sured by attachmew of an endorsement CO 00 0107 90 Copyright, Insurance Services Office, .Inc., 1997 Page 9 of 13