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q '1 L:,i ~;> ; 3 Legal Acton Against Us No pcrson 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 b. To sue us on this Coverage Part unless all of its terms have been fully complied with A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; 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 applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the c1aimanfs legal representa- tive 4 Motor Vehicle laws With respect to "mobile equipment" to which this insurance applies: a When this Coverage Part is certified as proof of financial responsibility under the provisions of any motor vehicle fi- nancial responsibility law, the insurance provided by the Coverage Part for Bodily Injury Liability or Property Damage Li- ability will comply with the provisions of the law to the extent of the cover- age and limits of insurance required by that law b We will provide any liability, uninsured motorists, under insured motorists, no- fault or other coverages required by any motor vehicle insurance law We will provide the required limits for those coverages 5 Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a Primary Insurance This insurance is primary except when b. below applies If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary Then, we will share with all that other insurance by the method described in c. below ''':; } " 952001 Ed. 6-00 b Excess Insurance This insurance is excess over: (11 Any of the other insurance, whether primary, eXCt1SS, contingent or on any other basis' (al That is Fire, Extended Coverage. Builder's Risk, Installation Risk or similar coverage for "your work"; Ibl That insures for direct physical loss to premises rented to you or temporarily occupied by you with permission of the owner; (cl That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or Idl If the loss arises out of the main- tenance or use of aircraft "au- tos" or watercraft to the extent not subject to Exclusion g. of SECTION I - COVERAGE A - BODilY INJURY AND PROPERTY DAMAGE LIABILITY (INCLUDES RESTRICTIONS OR ABRIDG- MENTS) 121 Any other primary insurance avail- able to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (11 The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (21 The total of all deductible and self- insured amounts under all that other insurance lncl~d'l cDpy,igl>l.d m.\.,;~1 o! In.uronoo SD,vi~D; aHiu. 1'0" wil~ iI. p.'mi..i.n COPl'ri~M !nl~'"N~. Suvic., Ollie. Inc:. \997 C.l'y'i~hl. 2000. Mo,yl"nd Cnu.lIy CDmp.ny. n ,. odd,I;.,.1 Ihl ond ,.vi.io", Page 12 of 18