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COMMERICAL GENERAL LIABILITY <br />Coverage Part must apply on a primary <br />basis, or a primary and non-contributory <br />basis, this insurance is primary to other <br />insurance that is available to such additional <br />insured which covers such additional insured <br />as a named insured, and we will not share <br />with the other insurance, provided that: <br />(1) The "bodily injury" or "property damage" <br />for which coverage is sought occurs; <br />and <br />(2) The "personal injury" for which coverage <br />is sought arises out of an offense <br />committed ; <br />after you have entered into that "contract or <br />agreement requiring insurance" for such <br />additional insured. But this insurance still is <br />excess over valid and collectible other <br />insurance, whether primary, excess, <br />contingent or on any other basis, that is <br />available to the additional insured when the <br />additional insured is also an additional <br />insured under any other insurance. <br />C. The following is added to Paragraph 8. <br />Transfer Of Rights Of Recovery Against <br />Others To Us in COMMERCIAL GENERAL <br />LIABILITY CONDITIONS (Section IV): <br />We waive any rights of recovery we may <br />have against the additional insured shown in <br />the Schedule above because of payments <br />we make for "bodily injury", "property <br />damage" or "personal <br />CG D3 82 09 07 <br />injury" arising out of "your work" on or for the <br />project, or at the location, shown in the <br />Schedule above, performed by you, or on <br />your behalf, under a "contract or agreement <br />requiring insurance" with that additional <br />insured. We waive these rights only where <br />you have agreed to do so as part of the <br />"contract or agreement requiring insurance" <br />with that additional insured entered into by <br />you before, and in effect when, the "bodily <br />injury" or "property damage" occurs, or the <br />"personal injury" offense is committed. <br />D_ The following definition is added to <br />DEFINITIONS (Section V): <br />"Contract or agreement requiring insurance" <br />means that part of any contract or <br />agreement under which you are required to <br />include the person or organization shown in <br />the Schedule as an additional insured on <br />this Coverage Part, provided that the "bodily <br />injury" and "property damage" occurs, and <br />the "personal injury" is caused by an offense <br />committed: <br />a. After you have entered into that contract <br />or agreement; <br />b. While that part of the contract or <br />agreement is in effect; and <br />c. Before the end of the policy period. <br />Page 2 <br />© 2007 The Travelers Companies, Inc. <br />Includes the copyrighted material of Insurance Services Office Inc., with its permission