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b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; 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 ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or S of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. be- low applies. if this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c, below. C. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other 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 When this insurance is excess, we will have no duty under Coverages A or 8 to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insureds rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other Insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. (d) If the loss arises out of the maintenance "autos" b. Premium shown in this Coverage Part as ad- vance premium Is a deposit premium only. At or use of aircraft, or watercraft to " the extent not subs ect to Exclusion g. of the close of each audit period we will compute the earned premium for that period and send Section I — Coverage A — Bodily Injury And Property Damage Liability. notice to the first Named Insured. The due date for audit and retrospective premiums is the (2) Any other primary insurance available to date shown as the due date on the gill. If the you covering liability for damages arising sum of the advance and audit premiums paid out of the premises or operations, or the for the policy period is greater than the earned products and completed operations, for -V054remium, we will return the excess to the first which you have been added as an o'i`,Q Named Insured. tional insured by attachment. a n- dorsement. 0 a first Named insured must keep records of K the information we need for premium computa- t, tfC oel andend us copies at such times as we may �s apt �'�iy P� Yrequest. A5 d CG 00 01 12 04 ©IS Properties, Inc., 2003 Page 11 of 16 ❑