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<br />(- <br />b. \I a claim is made or 'suit' ih ,'Ought against any <br />insured, you must: <br /> <br />(1) Immediately record the specifics of the claim <br />or 'suit' and the date received; and <br /> <br />(2) Notify us as soon as practicable. <br /> <br />You must see to it that we receive written notice of <br />the claim or 'suit' as soon as practicable. <br /> <br />c. You and any other involved insured must: <br /> <br />(1) Immediately send us copies of any demands, <br />notices, summonses or legal papers received <br />in connection with the cleim or 'suif; <br /> <br />(2) Authorize us to obtain records and other in- <br />formation; <br /> <br />(3) Cooperate with us in the investigation or set- <br />Uement of the claim or defense against the <br />'suif; and <br /> <br />(4) Assist us, upon our request, in the enforce- <br />ment of any right against any person or or- <br />ganization which may be liable to the insured <br />because of injury or damage to which this in- <br />surance may also apply. <br /> <br />d. No insured will, except at that insured's own cost, <br />voluntarily make a payment, assume any obliga- <br />tion, or incur any expense, other than for first aid, <br />without our consent. <br /> <br />3. Legal Action Against Us <br /> <br />No person or organization has a right under this Cov- <br />erage 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 /> <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 <br />an agreed settlement or on a final judgment <br />against an insured; but we will not be liable for <br />damages that are not payable under tha terms of <br />this Coverage Part or that are in excess of the ap- <br />plicable limit of insurance. An agreed settlement <br />means a settlement and release of liability signed <br />by us, the insured and the claimant or the clalm- <br />anfs legal representative. <br /> <br />4. QUMwlnsurance <br /> <br />If other valid and collectible insurance is available <br />\0 the insured for a loss we cover under Cover- <br />ages A or B of this Coverage Part, our obligations <br />are limited as follows: <br /> <br />a. Primary Insurance <br /> <br />This insurance is primary except when b. below <br />applies. If this insurance is primary, our obliga- <br />tions are not affected unless any of the other in- <br />surance is also primary. Then, we will share with <br />all that other insurance by the method described In <br />c. below. <br /> <br />,""~'." <br /> <br />b. Excess InL.anc:e <br /> <br />This insurance is excess over: <br /> <br />(1) Any of the other insurance, whether primary, <br />excess, contingent or on any other basis: <br /> <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or similar <br />coverage for 'your work'; <br /> <br />(b) That is Fire insurance for premises rented <br />to you or temporarily occupied by you <br />with permission of the owner; <br /> <br />(c) That is insurance purchased by you to <br />cover your liability as a tenant for 'prop- <br />erty damage' to premises rented to you or <br />temporarily occupied by you with permis. <br />sion of the owner; or <br /> <br />(eI) If the loss arises out of the maintenance <br />or use of aircraft, 'autos' or watercraft to <br />the extent not subject to Exclusion g. of <br />Section I - Coverage A - Bodily Injury <br />And Property Damage Liability. <br /> <br />(2) Any other primary insurance available \0 you <br />covering liability for damages arising out of <br />the premises or operations, or the products <br />and completed operations, for which you have <br />been added as an additional insured by at- <br />tachment of an endorsement. <br /> <br />When this insurance is excess, we will have no <br />duty under Coverages A or B to defend the in- <br />sured against any 'suit' if any other insurer has a <br />duty \0 defend the insured against that 'suit'. If no <br />other Insurer defends, we will undertake to do so, <br />but we will be entiUed \0 the insured's rights <br />against all those other insurers. <br /> <br />When this insurance is excess over other insur- <br />ance, we will pay only our share of the amount of <br />the loss, if any, that exceeds the sum of: <br /> <br />(1) The total amount that all such other insurance <br />would pay for the loss in the absence of this <br />insurance; and <br /> <br />(2) The total of all deductible and self~nsured <br />amounts under all that other insurance. <br /> <br />We will share the remaining loss, if any, with any <br />other insurance that is not described in this Ex- <br />cess Insurance provision and was not bought <br />specifically to apply in excess of the Limits of In- <br />surance shown in the Declarations of this Cover- <br />age Part. <br /> <br />c. Method 01 Sharing <br /> <br />If all of the other insurance permits contribution by <br />equal shares, we will follow this method also. Un- <br />der this approach each insurer contributes equal <br />amounts until it has paid its applicable limit of in- <br />surance or none of the loss remains, whichever <br />comes first. <br /> <br />Page 10 0114 <br /> <br />o ISO PraparlI... Inc., 2003 <br /> <br />CGOO011204 <br />