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Sent By: ALLIED BROKERS; 949 4531244; Jul -26 -07 9:29; Page 10113 BUSINESS LIABILITY COVERAGE FORM When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of, (1) The total amount that all such other insurance would pay for the loss In the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all 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 specifically to apply in excess of the Limits of Insurance shown in the Oec(arations of this Coverage Part. c, Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit comrlbutlon by equal shares, we will contribute by limits Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Rights Of Recovery if the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract. agreement or permit that was oxecuted prior to the injury or damage. Form S6*00 08 04 06 Page 17 of 24 (6) When You Are Added. As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional Insured by that insufance;or t7) When You Acid Others As An Additional Insured To This Insurance rn That is other insurance available to an additional insured. 0 However, the following provisions o apply to other insurance available to any person or organization who is an N additional insured under this Coverage Part (a) Primary insurance When o Required By Contract Uri This insurance is primary if you ° have agreed. in a written contract, written agreement or permit that this insurance be primary. If other Insurance Is also primary, we will a� share with all. that other insurance by the method described in C. m below. (b) Primary And Non - Contributory a� To Other Insurance When Required 13Y Contract If you have agreed In a written contract, written agreement or permit that this insurance is primary. and non- contributory with the additional insured's own insurance, this insurance Is ® primary and we will not seek contribution front that other insurance. es.. Paragraphs (a) and (b) do riot apply to other insurance to which the additional s� insured has been added as an additional insured. = when this insurance is excess, we will have no duty under this Coverage Part to Its defend'. the insured against any "suit" if any other Insurer 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 entitled to the insurers rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of, (1) The total amount that all such other insurance would pay for the loss In the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all 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 specifically to apply in excess of the Limits of Insurance shown in the Oec(arations of this Coverage Part. c, Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit comrlbutlon by equal shares, we will contribute by limits Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Rights Of Recovery if the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract. agreement or permit that was oxecuted prior to the injury or damage. Form S6*00 08 04 06 Page 17 of 24