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c. You and any other involved insured must: <br />(1) Immediately send us copies of any demands, <br />notices, summonses or legal papers received in <br />connection with the claim or 'suit'; <br />(2) Authorize us to obtain records and other <br />information; <br />(3) Cooperate with us in the investigation or <br />settlement of the claim or defense against the <br />'suit'; and <br />(4) Assist us, upon our request, in the enforcement of <br />any right against any person or organization which <br />may be liable to the insured because of injury or <br />damage to which this insurance may also apply_ <br />d. No insured will, except at that insured's own cost, <br />voluntarily make a payment, assume any obligation, <br />or incur any expense, other than for first aid, without <br />our consent. <br />3. Legal Action Against Us <br />No person or organization has a right under this <br />Coverage Part: <br />a. To join us as a party or otherwise bring us into a 'suit" <br />asking for damages from an insured; or <br />b. To sue us on this Coverage Part unless all of its terms <br />have been fully complied with. <br />A person or organization may sue us to recover on an <br />agreed settlement or on a final judgment against an <br />insured; but we will not be liable for damages that are not <br />payable under the terms of this Coverage Part or that are <br />in excess of the applicable limit of insurance. An agreed <br />settlement means a settlement and release of liability <br />signed by us, the insured and the claimant or the <br />claimant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available to the <br />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 Including Primary Additional <br />Insurance For Additional Insureds <br />This insurance is primary except when b. below <br />applies_ If this insurance is primary, our obligations <br />are not affected unless any of the other insurance is <br />also primary. Then, we will share with all that other <br />insurance by the method described in c. below. When <br />this insurance is primary, we will not seek <br />contributions from other insurance available to any <br />person or organization who is an insured under <br />Paragraph 6. in Section 11 - Who Is An Insured. <br />b. Excess Insurance <br />This insurance is excess over: <br />(1) Any of the other insurance, whether primary, <br />excess, contingent or on any other basis: <br />(a) That is Fire, Extended Coverage, Builder's <br />Risk, Installation Risk or similar coverage for <br />.your work"; <br />(b) That is fire, lightning or explosion insurance <br />premises rented to you or temporarily occupiea <br />by you with permission of the owner; <br />(c) That is insurance purchased by you to cover <br />your liability as a tenant for "property damage" <br />to premises rented to you or temporarily <br />occupied by you with permission of the owner; <br />or <br />(d) If the loss arises out of the maintenance or use <br />of aircraft, "autos" or watercraft to the extent <br />not subject to Exclusion g. of Section 1 — <br />Coverage A — Bodily Injury And Property <br />Damage Liability. <br />(a) If the loss arises out of "property damage' to <br />borrowed equipment or the use of elevators to <br />the extent not subject to Exclusion j. of Section <br />1 - Coverage A - Bodily Injury And Property <br />Damage Liability. <br />(2) Any other primary insurance available to you <br />covering liability for damages arising out of the <br />premises or operations for which you have been <br />added as an additional insured by attachment of <br />an endorsement. <br />When this insurance is excess, we will have no dutv <br />under Coverages A or B to defend the insured agai: <br />any 'suit' if any other insurer has a duty to defend thn <br />insured against that "suit". If no other insurer defends, <br />we will undertake to do so, but we will be entitled to <br />the insured's rights against all those other insurers. <br />When this insurance is excess over other insurance, <br />we will pay only our share of the amount of the loss, if <br />any, that exceeds the sum of: <br />(1) The total amount that all such other insurance <br />would pay for the loss in the absence of this <br />insurance; and <br />(2) The total of all deductible and self-insured <br />amounts under all that other insurance_ <br />We will share the remaining loss, if any, with any other <br />insurance that is not described in this Excess <br />Insurance provision and was not bought specifically to <br />apply in excess of the Limits of Insurance shown in <br />the Declarations of this Coverage Part. <br />c. Method Of Sharing <br />If all of the other insurance permits contribution by <br />equal shares, we will follow this method also. Under <br />this approach each insurer contributes equal amounts <br />until it has paid its applicable limit of insurance or <br />none of the loss remains, whichever comes first. <br />Page 12 of 16 HG 00 01 10 01 <br />