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COMMERICAL GENERAL LIABILITY <br />C <br />Coverage Part must apply on a primary basis, or <br />a primary and non-contributory basis, this insur- <br />ance is primary to other insurance that is avail- <br />able to such additional insured which covers such <br />additional insured as a named insured, and we <br />will not share with the other insurance, provided <br />that: <br />(1) The "bodily injury" or "property damage" for <br />which coverage is sought occurs; and <br />(2) The "personal injury" for which coverage is <br />sought arises out of an offense committed; <br />after you have entered into that "contract or <br />agreement requiring insurance" for such addi- <br />tional insured. But this insurance still is excess <br />over valid and collectible other insurance. <br />whether primary, excess, contingent or on any <br />other basis, that is available to the additional in- <br />sured when the additional insured is also an addi- <br />tional insured under any other insurance. <br />The following is added to Paragraph 8. Transfer <br />Of Rights Of Recovery Against Others To Us <br />in COMMERCIAL GENERAL LIABILITY CON- <br />DITIONS (Section IV): <br />We waive any rights of recovery we may have <br />against the additional insured shown in the <br />Schedule above because of payments we make <br />for "bodily injury", "property damage" or "personal <br />injury" arising out of "your work" on or for the pro- <br />ject, or at the location, shown in the Schedule <br />above, performed by you, or on your behalf, un- <br />der a "contract or agreement requiring insurance" <br />with that additional insured. We waive these <br />rights only where you have agreed to do so as <br />part of the "contract or agreement requiring insur- <br />ance" with that additional insured entered into by <br />you before, and in effect when, the "bodily injury" <br />or "property damage" occurs, or the "personal in- <br />jury" offense is committed. <br />D. The following definition is added to DEFINITIONS <br />(Section V): <br />"Contract or agreement requiring insurance" <br />means that part of any contract or agreement un- <br />der which you are required to include the person <br />or organization shown in the Schedule as an ad- <br />ditional insured on this Coverage Part, provided <br />that the "bodily injury" and "property damage" oc- <br />curs, and the "personal injury" is caused by an of- <br />fense committed: <br />a. After you have entered into that contract or <br />agreement; <br />b. While that part of the contract or agreement is <br />in effect; and <br />c. Before the end of the policy period. <br />Page 2 of 2 © 2007 The Travelers Companies, Inc. <br />Includes the copyrighted material of Insurance services Office, Inc., with its permission <br />CG D3 82 09 07 <br />CERT NO.t 8898708 Teresa Frank 12/2/2010 1:13:50 PM Page 3 of 5