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<br />. . ' <br /> <br />added as an additional insured on your policy, the <br />most we will pay on behalf of such additional insured is <br />the lesser of: <br />a. The limits of insurance specified in the written <br />contract or written agreement; or <br />b. The Limits of Insurance shown in the Declarations. <br /> <br />Such amount shall be a part of and not in addition to <br />Limits of Insurance shown in the Declarations and <br />described in this Section. <br /> <br />The Limits of Insurance of this Coverage Part apply <br />separately to each consecutive annual period and to any <br />remaining period of less than 12 months, starting with the <br />beginning of the policy period shown in the Declarations, <br />unless the policy period is extended after issuance for an <br />additional period of less than 12 months. In that case, the <br />additional period will be deemed part of the last preceding <br />period for purposes of determining the Limits of Insurance. <br />SECTION IV - COMMERCIAL GENERAL LIABILITY <br />CONDITIONS <br /> <br />1. Bankruptcy <br /> <br />Bankruptcy or insolvency of the insured or of the <br />insured's estate will not relieve us of our obligations <br />under this Coverage Part. <br />2. Duties In The Event Of Occurrence, Offense, Claim <br />Or Suit <br /> <br />a. Notice Of Occurrence Or Offense <br /> <br />You or any additional insured must see to it that we <br />are notified as soon as practicable of an <br />"occurrence" or an offense which may result in a <br />claim. To the extent possible, notice should include: <br /> <br />(1) How, when and where the "occurrence" or <br />offense took place; <br /> <br />(2) The names and addresses of any injured <br />persons and witnesses; and <br />(3) The nature and location of any injury or damage <br />arising out of the "occurrence" or offense. <br />b. Notice Of Claim <br /> <br />If a claim is made or "suit" is brought against any <br />insured, you or any additional insured must: <br />(1) Immediately record the specifics of the claim or <br />"suit" and the date received; and <br />(2) Notify us as soon as practicable. <br /> <br />You or any additional insured must see to it that we <br />receive written notice of the claim or "suit" as soon <br />as practicable. <br /> <br />c. Assistance And Cooperation Of The Insured <br /> <br />You and any other involved insured must: <br />(1) Immediately send us copies of any demands, <br />notices, summonses or legal papers received in <br />connection with the claim or "suit"; <br />(2) Authorize us to obtain records and other <br />information; <br /> <br />HG 00 01 06 05 <br /> <br /> <br />(3) Cooperate with us in the investigation or <br />settlement of the claim or defense against the <br />"suit"; and <br /> <br />(4) Assist us, upon our request, in the enforcement of <br />any right against any person or organization which <br />may be liable to the insured because of injury or <br />damage to which this insurance may also apply. <br />d. Obligations At The Insureds Own Cost <br /> <br />No insured will, except at that insured's own cost, <br />voluntarily make a payment, assume any <br />obligation, or incur any expense, other than for first <br />aid, without our consent. <br /> <br />e. Additional Insureds Other Insurance <br /> <br />If we cover a claim or "suit" under this Coverage <br />Part that may also be covered by other insurance <br />available to an additional insured, such additional <br />insured must submit such claim or "suit" to the <br />other insurer for defense and indemnity. <br /> <br />However, this provision does not apply to the <br />extent that you have agreed in a written contract or <br />written agreement that this insurance is primary <br />and non-contributory with the additional insured's <br />own insurance. <br /> <br />f. Knowledge Of An Occurrence, Offense, Claim <br />Or Suit <br /> <br />Paragraphs a. and b. apply to you or to any <br />additional insured only when such "occurrence", <br />offense, claim or "suit" is known to: <br />(1) You or any additional insured that is an <br />individual; <br /> <br />(2) Any partner, if you or an additional insured is a <br />partnership; <br />(3) Any manager, if you or an additional insured is a <br />limited liability company; <br /> <br />(4) Any "executive officer" or insurance manager, if <br />you or an additional insured is a corporation; <br />(5) Any trustee, if you or an additional insured is a <br />trust; or <br /> <br />(6) Any elected or appointed official, if you or an <br />additional insured is a political subdivision or <br />public entity. <br /> <br />This duty applies separately to you and any additional <br />insured. <br />3. Legal Action Against Us <br /> <br />No person or organization has a right under this <br />Coverage Part: <br /> <br />a. To join us as a party or otherwise bring us into a <br />"suit" asking for damages from an insured; or <br />b. To sue us on this Coverage Part unless all of its <br />terms have been fully complied with. <br /> <br />A person or organization may sue us to recover on an <br />agreed settlement or on a final judgment against an <br />insured; but we will not be liable for damages that are <br />not payable under the terms of this Coverage Part or <br /> <br />Page 13 of 18 <br />