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SECTION IV — COMMERCIAL GENERAL LIABILITY <br />CONDITIONS <br />1. Bankruptcy <br />Bankruptcy or insolvency of the insured or of the <br />insured's estate will not relieve us of our obliga- <br />tions under this Coverage Part. <br />2, Duties In The Event Of Occurrence, Offense, <br />Claim Or Suit <br />a. You must see to it that we are notified as soon <br />as practicable of an "occurrence" or an offense <br />which may result in a claim. To the extent pos- <br />sible, notice should include: <br />(1) How, when and where the "occurrence" or <br />offense took place; <br />(2) The names and addresses of any injured <br />persons and witnesses; and <br />(3) The nature and location of any injury or <br />damage arising out of the "occurrence" or <br />offense. <br />b. If a claim is made or "suit" is brought against <br />any insured, you must: <br />(1) Immediately record the specifics of the <br />claim or "suit" and the date received; and <br />(2) Notify us as soon as practicable. <br />You must see to it that we receive written no- <br />tice of the claim or "suit" as soon as practica- <br />ble. <br />c. You and any other involved insured must: <br />(1) Immediately send us copies of any de- <br />mands, notices, summonses or legal pa- <br />pers received in connection with the claim <br />or "suit"; <br />(2) Authorize us to obtain records and other <br />information; <br />(3) Cooperate with us in the investigation or <br />settlement of the claim or defense against <br />the "suit"; and <br />(4) Assist us, upon our request, in the en- <br />forcement of any right against any person or <br />organization which may be liable to the in- <br />sured because of injury or damage to which <br />this insurance may also apply. <br />d. No insured will, except at that insured's own <br />cost, voluntarily make a payment, assume any <br />obligation, or incur any expense, other than for <br />first aid, without our consent. <br />3. Legal Action Against Us <br />No person or organization has a right under this <br />Coverage Part: <br />a. To join us as a party or otherwise bring us into <br />a "suit" asking for damages from an insured; or <br />b. To sue us on this Coverage Part unless all of <br />its terms have been fully complied with. <br />A person or organization may sue us to recover on <br />an agreed settlement or on a final judgment <br />against an insured obtained after an actual trial; <br />but we will not be liable for damages that are not <br />payable under the terms of this Coverage Part or <br />that are in excess of the applicable limit of insur- <br />ance. An agreed settlement means a settlement <br />and release of liability signed by us, the insured <br />and the claimant or the claimant's legal represen- <br />tative. <br />4. Other Insurance <br />If other valid and collectible insurance is available <br />to the , insured for a loss we cover under Cover - <br />A ages or B of this Coverage Part, our obligations <br />1 are limited as follows: <br />a. Primary Insurance <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 <br />insurance is also primary. Then, we will share <br />with all that other insurance by the method de- <br />scribed in c. below. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, whether pri- <br />mary, excess, contingent or on any other <br />basis: <br />(a) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or similar <br />coverage for "your work"; <br />(b) That is Fire insurance for premises <br />rented to you or temporarily occupied by <br />you with permission of the owner; <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 <br />or temporarily occupied by you with <br />permission of the owner; or <br />(d) 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 />(2) Any other primary insurance available to <br />you covering liability for damages arising <br />out of the premises or operations for which <br />you have been added as an additional in- <br />sured by attachment of an endorsement. <br />CG 00 0107 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 ❑ <br />