MERCY HOUSE LIVING CENTERS (ESG 2012)

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Jun 13 12 06.41 p 0000000000 00000000 00 p.5 COMMERCIAL GENERAL LIABILITY a. To join us as a party or otherwise bring us into a "suit" asking for damages from an in- sured; or 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 obtained after an actual trial; 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 applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- sentative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under this Cov- erage Part, our obligations are limited as follows: a. PrimaryInsurance. This insurance is primary except when para- graph 4. of Section VI - Extended Reporting Periods applies. If this insurance is primary, our obligations 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 b. below. b. Method of Sharing. If all of the other insurance permits contribu- tion by equal shares, we will follow this method also- Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insur- ance 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. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will com- pute the earned premium for that period. Audit premiums are due and payable on no- tice to the first Nam-d Insured. If the sum of the advance and au pit premiums paid for the policy term is great sr than the earned pre- mium, we will retur the excess to the first Named Insured. c. The first Named Insl red must keep records of the information we need for premium com- putation. and send u ; copies at such times as we may request. 6. Representations- By accepting this policy, :you agree: a. The statements in tl a Declarations are accu- rate and complete; b. Those statements a s based upon represen- tations you made to is; and c. We have issued thi policy in reliance upon your representations 7. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or eutie! specifically assigned to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each i rsured against who claim is made or "suit" is b ought. 8. Transfer of Rights of Recovery Against Others To Us. If the insured has rights to recover all or part o any payment we have rrade under this Coverage Part, those rights are transferred to us. The in- sured must do nothing < fter loss to impair them- At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. Cancellation, Non-renewal, Renewal and Reduction or Deletion of Coverage: The following conditions also apply to this Cover- age Part: All conditions relab ig to cancellation, non- renewal, renewal, ar d reduction or deletior of coverage which wou d apply to a Commercial General Liability Coverage Part attac`ted to this policy. SECTION VI - EXTENDED REPORTING PERIODS 1. We will provide an autor latic Extended Reporting Period as described in paragraph 3. or, if yon APPROVED AS TO FORM r'Page 4of6 .? LISA E. STOP Cff Assistant City Attorney y/y