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<br />(6) When You Are Added As An <br />Additional Insured To Other <br />InSurance <br /> <br />That is other insurance available to <br />you covering liability for damages <br />arising out of the premises or <br />operations, or products and completed <br />operations, for Which you have been <br />added as an additional insured by that <br />insurance; or <br /> <br />r1iV When You Add Others As An <br />Additional Insured To This <br />Insurance <br /> <br />That is other insurance available to an <br />additional insured. <br /> <br />However, the following provisions <br />apply to other insurance available to <br />any person or organization who is an <br />additionai insured under this Coverage <br />Part: <br /> <br />(a) Primary Insurance When <br />Required By Contract <br /> <br />Tllis insurance is primary if you <br />have agreed in a written contract, <br />written agreement or permit that <br />thiS insurance be primary. If other <br />insurance is also primary, we will <br />share with all that other insurance <br />b) the method described in c. <br />SbelOW. <br /> <br />(b) Primary And Non-Contributory <br />To Other Insurance When <br />Required By Contract <br /> <br />If you have agreed in a written <br />contract, wntten agreement or <br />permit that this insurance is <br />primary and non-contributory with <br />the addilional insured'S own <br />insurance, this insurance is <br />prifnary and we will not seek <br />contribution from that other <br />insurance. <br /> <br />Paragraphs (a) and (b) do not apply to <br />other insurance to which the additional <br />insurec has been added as an <br />additional insured. <br /> <br />When this insurance is excess, we will <br />have no duty under this Coverage Part to <br />defend the nsured against any "suit" if any <br />other insurer has a duty to defend the <br />insured against that "suit". If no other <br />insurer defends. we will undertake to do <br />so, but we will be enliUed to the inSured's <br />rights against all those other insurers. <br /> <br />Form 55 00 08 04 05 <br /> <br />7j <br /> <br />'I" 'c,. <br />v "L - '. <br /> <br />^JN38~ 3JN~!nSNI SN31!3~ <br /> <br />Page 17 of 24 <br />meal 60C~81 -geJ <br /> <br />BUSINESS LIABILITY COVERAGE FORM <br /> <br />When this insurance is excess over other <br />insurance, we will pay only OUr share of <br />the amount of the loss, if any, that <br />eXceeds the sum of: <br /> <br />(1) The total amount that all such other <br />inSurance would pay for (he loss in the <br />absence of this insurance, and <br /> <br />(2) The total of all deductible and self- <br />insured amounts under ail that other <br />insurance. <br /> <br />We wiil share the remaining loss, if any, with <br />any other insurance that is not described in <br />this !:xcess insurance provision and was not <br />bought specifically to apply in excess of the <br />Limits of Insurance shown rn the <br />Declarations of this Coverage Part. <br /> <br />c. Method Of Sharing <br /> <br />If ail the other inSurance permits <br />contribution by equal s hares, We will foilow <br />this method also, Under this approacll, <br />each 'insurer contributes equal amounts <br />until it has paid its appliCable limit of <br />inSurance or none of the loss remains, <br />whichever comes first. <br /> <br />If any of the other insurance does not permit <br />contribution by equal shares, we wil <br />contribute by limits. Under this method, each <br />insurer's share is based 0/1 the ratio of its <br />applicable limit of insurance to the total <br />applicable limils of Insurance of ail insurers. <br /> <br />8. Transfer Of Rights Of Recovery Against <br />Others To Us <br /> <br />a. Transfer Of Rights Of Recovery <br /> <br />If the insured Ilas rights to recover all or <br />part of any payment, including <br />SUPPlementary Payments, we have made <br />under this Coverage Part, those rights are <br />transferred to us. The insured nlUst do <br />nothing after ioss to Impair them. At OUr <br />request, the insured will bring "suil" or <br />transfer those rights to us and help us <br />enforce them. This condition does not <br />apply to Medical Expenses Coverage. <br /> <br />b. Waiver Of Rights Of Recovery (Waiver <br />Of SUbrogatio") <br /> <br />if the insured has waived any rights of <br />recovery against any person Or <br />organization for all or part of any payment, <br />including Supplementary Payments, we <br />have made under this Coverage Part, we <br />also waive that right. provided the insured <br />waived their rights of recovery against <br />such person or organization in a contract, <br />agreement Or permit that was executed <br />prior to the injury or damage. <br />