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Oct -21. 2010 4:42PM CLIFFORD&BRADFORD <br />No. 1732 P. 4 <br />BUSINESS LIABILITY COVER,443E FORM <br />VMMn this insurance Is excess over other <br />insurance, vve w1ll pay only our share of <br />the amount of the loss, If any, that <br />exceeds the sum of. <br />(1) The total amount that all such other <br />lrtsurance would pay filrthe loss In the <br />absence of this insurance-, and <br />(2) The total of all deductible and self- <br />Insured <br />elfInsured amounts under all that other <br />insufanre. <br />We wilt share the rernahing loss, if any, with <br />any other insurance that is not described In <br />this Fxmms insurance provision and was not <br />bought specifically to apply in excess of tho <br />Urnks of Insurance shown in the <br />Declarations of this Coverage pari. <br />C. Method Of Sharing <br />It' an the other insurance permits <br />contribution by equal shares, we will follow <br />this method also. under this approach, <br />each Insurer contributes equal amounts <br />until It has paid its applicable Itm11 of <br />Insurance or none of the loss remains, <br />whichever comes first. <br />if any offhe other insurance does not permit <br />contribution by equal shares, we will <br />Contrtlwte by dmits. Under this rnat rod, each <br />insurers shOre Is based on the ratio of as <br />applicable Unit of insurance to the total <br />applicable hafts of insurance of air insurers, <br />6. Traesfer Of Rights Of Recovery Against <br />Others To Us <br />a. Transfer Of Rights Of Recovery <br />If Ina Insured has rrglus to recover all or <br />part . of any payment, IWAudir(I <br />Supplementary Payments, we have ,nada <br />under this Coverage Pert, those rights are <br />transferred to us. The insured must do <br />nothing after toss to Impair therm_ At our <br />racpxast� the insured will bring 'cult" or <br />IranSlea those rights to us and help us <br />e %feree them, This condition does not <br />Apply to Medical Expenses Coverage_ <br />b. Waiver Of Rights Of Recovery (Waiver <br />Or subropatlon) <br />If the insured hes waived any rights of <br />raoovery against any person or <br />orpanmVion for all or part of any payment. <br />rncluding Supplementary Payments, we <br />have made under this Coverage Part, we <br />also waive that right, provided the assured <br />such person or organization in a contract, <br />agreement or permit that was executed <br />prior to the injury or damage. <br />Form S3 06 05 04 05 Page 17 of 24 <br />(8y when You Are Added As An <br />• <br />Addlitionat Insured To Other <br />insurance <br />That is other insurance available to <br />you covering Irabilfty for damages <br />arising out of the premises or <br />operations, or products and completed <br />operations, for which you heves beer <br />added as an addlUarai Insured by that <br />Insurance.; or <br />(7) When You Add Others As An <br />a, <br />AdditlaaW Insured To Thi6 <br />o, <br />as <br />Insurance <br />Qi <br />That is other Insurance available to an <br />additional insured. <br />o <br />Howaver, thea following pruvislons <br />a <br />apply to other Insurance evadable to <br />any person or organization who is an <br />Z <br />additional dnsurod under this Covarage <br />mart: <br />>n <br />(a) Primary Insurance When <br />d <br />Requined By contract <br />This Insurance Is prtmary If you <br />* <br />have agreed In a written contract. <br />written agreement or permit that <br />this Irtsurance be primary. If other <br />Insurance is also primsry, we will <br />share with all that other insurance <br />by the method described In c. <br />t <br />below. <br />(b) Primary And Non -Contributory <br />Ta Other Insurance When <br />Requln9d By Contraat <br />a <br />If you have agreed In a written <br />contract, written agreement or <br />memo <br />pentdt that this Insurance Is <br />i <br />primary and non-eonaibutory wlth <br />the additional insured's own <br />.._.� <br />insurance, this insufance is <br />prdttary and we will not seek <br />contrlbutlon from that other <br />insurance. <br />Paragraphs (a) and (b) do not appy to <br />other Insurance to which the additional <br />sees <br />Insured has been added as an <br />additional Insured. <br />WWhan this Insurance is axons, we will <br />have no duty under this Coverage Pert to <br />»tri <br />defend the fissured against any `suic' if any <br />f <br />other Insurer has a duty to defend the <br />Insured against that 'suit'. if no other <br />Insurer dafands, ere win undertake to do <br />ser,u we w e sure s <br />d2ble against all those other insurers. <br />No. 1732 P. 4 <br />BUSINESS LIABILITY COVER,443E FORM <br />VMMn this insurance Is excess over other <br />insurance, vve w1ll pay only our share of <br />the amount of the loss, If any, that <br />exceeds the sum of. <br />(1) The total amount that all such other <br />lrtsurance would pay filrthe loss In the <br />absence of this insurance-, and <br />(2) The total of all deductible and self- <br />Insured <br />elfInsured amounts under all that other <br />insufanre. <br />We wilt share the rernahing loss, if any, with <br />any other insurance that is not described In <br />this Fxmms insurance provision and was not <br />bought specifically to apply in excess of tho <br />Urnks of Insurance shown in the <br />Declarations of this Coverage pari. <br />C. Method Of Sharing <br />It' an the other insurance permits <br />contribution by equal shares, we will follow <br />this method also. under this approach, <br />each Insurer contributes equal amounts <br />until It has paid its applicable Itm11 of <br />Insurance or none of the loss remains, <br />whichever comes first. <br />if any offhe other insurance does not permit <br />contribution by equal shares, we will <br />Contrtlwte by dmits. Under this rnat rod, each <br />insurers shOre Is based on the ratio of as <br />applicable Unit of insurance to the total <br />applicable hafts of insurance of air insurers, <br />6. Traesfer Of Rights Of Recovery Against <br />Others To Us <br />a. Transfer Of Rights Of Recovery <br />If Ina Insured has rrglus to recover all or <br />part . of any payment, IWAudir(I <br />Supplementary Payments, we have ,nada <br />under this Coverage Pert, those rights are <br />transferred to us. The insured must do <br />nothing after toss to Impair therm_ At our <br />racpxast� the insured will bring 'cult" or <br />IranSlea those rights to us and help us <br />e %feree them, This condition does not <br />Apply to Medical Expenses Coverage_ <br />b. Waiver Of Rights Of Recovery (Waiver <br />Or subropatlon) <br />If the insured hes waived any rights of <br />raoovery against any person or <br />orpanmVion for all or part of any payment. <br />rncluding Supplementary Payments, we <br />have made under this Coverage Part, we <br />also waive that right, provided the assured <br />such person or organization in a contract, <br />agreement or permit that was executed <br />prior to the injury or damage. <br />Form S3 06 05 04 05 Page 17 of 24 <br />