MERCY HOUSE LIVING CENTERS (ESG 2011)

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Jul 18 11 10:33a 0000000000 000000000 )0 p.2 4 (3) The nature and location of any injury or 4. Other Insurance damage arising out of the "occurrence" or If other valid and collectib a insurance is available offense. to the insured for a loss ue cover under Cover- b. If a claim is made or "suit" is brought against ages A or B of this Coven ge Part, our obligations any insured, you must: are limited as follows: (1) Immediately record the specifics of the a. Primary Insurance claim or "suit" and the date received; and This insurance is primary except when Para- (2) Notify us as soon as practicable. graph b. below applies If this insurance is pri- You must see to it that we receive written no- mary, our obligations ire not affected unless tice of the claim or "suit" as soon as practica- any of the other insurance is also primary. bfe. Then, we wi[I share v%ith all that other insur- ance by the method described in Paragraph c. c. You and any other involved insured must: below. (1) Immediately send us copies of any de- *,"b. Excess Insurance mands, notices, summonses or legal pa- received in connection with the daim pers over. or-suit"; (a) Any of the other insurance, whether (2) Authorize us to obtain records and other primary, excess contingent or on any information; other basis: (3) Cooperate with us in the investigation or (i) That is Fire Extended Coverage, settlement of the claim or defense against Builder's RisK, Installation Risk or the "suit"; and similar coverEige for "your work"; (4) Assist us, upon our request, in the en- (ii) That is Fire nsurance for premises forcement of any right against any person rented to yo j or temporarily occu- or organization which may be liable to the pied by you with permission of the insured because of injury or damage to owner; which this insurance may also apply. (iii) That is insurance purchased by you d. No insured wi[I, except at that insured's own to cover your liability as a tenant for cost, voluntarily make a payment, assume any "property damage" to premises obligation, or incur any expense, other than for rented to you or temporarily occu- first aid, without our consent. pied by you with permission of the 3. Legs[ Action Against Us owner; or (iv) If the loss arses out of the mainte- No person or organization has a right under this nance or usF of aircraft "autos" or Coverage Part: , watercraft to the extent not subject to a. To join us as a party or otherwise bring us into Exclusion g. z)f Section I - Coverage a "suit" asking for damages from an insured; or A - Bodily Inj iry And Property Dam- b. To sue us on this Coverage Part unless all of age Liability. its terms have been fully complied with. (b) Any other primarf insurance available to A person or organization may sue us to recover on you covering liability for damages aris- ? an agreed settlement or on a final judgment ing out of the premises or operations, or against an insured; but we will not be liable for the products and completed operations, ti damages that are not payable under the terms of for which you h??ve been added an this Coverage Part or that are in excess of the ap- additional insured b attachment of an by plicable limit of insurance. An agreed settlement endorsement. means a settlement and release of liability signed (2) When this insurance is excess, we will have by us, the insured and the claimant or the claim- no duty under Coverages A or B to defend ant's legal representative. the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". if no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those oth(,r insurers. AppgpVED LISA E• STORCK Assistant City Attorney CG 00 01 12 07 O ISO Properties, Inc., 2006 Page 11 of 16 ?I?