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Commercial General Liability <br />CG 00 01 12 07 <br />Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this <br />Coverage Part. <br />Duties In The Event Of Occurrence, Offense, Claim Or Suit <br />a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may <br />result in a claim. To the extent possible, notice should include: <br />(1) How, when and where the "occurrence" or offense took place; <br />(2) The names and addresses of any injured persons and witnesses; and <br />(3) The nature and location of any injury or damage arising out of the "occurrence" or offense. <br />b. If a claim is made or "suit" is brought against any insured, you must: <br />(1) Immediately record the specifics of the claim or "suit" and the date received; and <br />(2) Notify us as soon as practicable. <br />You must see to it that we receive written notice of the claim or "suit" as soon as practicable. <br />c. You and any other involved insured must: <br />(1) Immediately send us copies of any demands, notices, summonses or legal papers received in <br />connection with the claim or "suit'; <br />(2) Authorize us to obtain records and other information; <br />(3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and <br />(4) Assist us, upon our request, in the enforcement of any right against any person or organization which <br />may be liable to the insured because of injury or damage to which this insurance may also apply. <br />d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or <br />incur any expense, other than for first aid, without our consent. <br />3. Legal Action Against Us <br />No person or organization has a right under this Coverage Part: <br />a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or <br />b. To sue us on this Coverage Part unless all of its terms have been fully complied with. <br />A person or organization may sue us to recover on an agreed settlement or on a final judgment against an <br />insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that <br />are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of <br />liability signed by us, the insured and the claimant or the claimant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of <br />this Coverage Part, our obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our <br />obligations are not affected unless any of the other insurance is also primary. Then, we will share with all <br />that other insurance by the method described in Paragraph c. below. <br />b. Excess Insurance <br />(1) This insurance is excess over: <br />(a) Any of the other insurance, whether primary, excess, contingent or on any other basis: <br />(i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your <br />work "; <br />(ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission <br />of the owner; <br />(iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to <br />premises rented to you or temporarily occupied by you with permission of the owner; or <br />(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not <br />subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. <br />CG 00 01 12 07 © ISO Properties, Inc. , 2000 Pagel 1 of 16 <br />