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• 2. Tender the defense and indemnity of any claim or <br />'suit' to us for a loss we cover under this <br />Coverage Part; <br />• <br />is <br />3. Tender the defense and indemnity of any claim or <br />'suit' to any other insurer which also has <br />insurance for a loss we cover under this Coverage <br />Part; and <br />4. Agree to make available any other insurance <br />which the additional insured has for a loss we <br />cover under this Coverage Part. <br />We have no duty to defend or indemnify an additional <br />insured under this endorsement until we receive <br />written notice of a claim or 'suit' from the additional <br />insured. <br />D. OTHER INSURANCE (Section H. 2. & 3.) of the <br />Businessowners Common Policy Conditions are <br />deleted and replaced with the following: <br />2. This insurance is excess over any other insurance <br />naming the additional insured as an insured <br />whether primary, excess, contingent or on any <br />other basis unless a written contract or written <br />agreement specifically requires that this insurance <br />be either primary or primary and noncontributing <br />to the additional insured's own coverage. This <br />insurance is excess over any other Insurance to <br />which the additional insured has been added as <br />an additional insured by endorsement. <br />3. When this insurance is excess, we will have no <br />duty under Coverages A or B to defend the <br />additional insured against any 'suit' if any other <br />insurer has a duty to defend the additional insured <br />SB- 146968 -A <br />(Ed. 01/06) <br />SB- 146968 -A <br />(Ed. 01/06) <br />against that 'suit' If no other insurer defends, we <br />will undertake to do so, but we will be entitled to <br />the additional insured's rights against all those <br />other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of the <br />amount of the loss, if any, that exceeds the sum <br />of: <br />(a) The total amount that all such other insurance <br />would pay for the loss in the absence of this <br />insurance; and <br />(b) The total of all deductible and self- insured <br />amounts under all that other Insurance. <br />We will share the remaining loss, if any, with any <br />other insurance that is not described in this <br />Excess Insurance provision and was not bought <br />specifically to apply in excess of the Limits of <br />Insurance shown in the Declarations of this <br />Coverage Part. <br />E. TRANSFER OF RIGHTS OF RECOVERY AGAINST <br />OTHERS TO US (Section K.2.) of the <br />Businessowners Common Policy Conditions is deleted <br />and replaced with the following: <br />2. We waive any right of recovery we may have <br />against any person or organization against whom you <br />have agreed to waive such right of recovery in a <br />written contract or agreement because of payments <br />we make for injury or damage arising out of your <br />ongoing operations or 'your work' done under a <br />contract with that person or organization and included <br />within the 'products- completed operations hazard.' <br />Page 2 of 2 <br />