ORANGE COUNTY MENTAL HEALTH ASSOCIATION

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