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b. If a claim is made or "suit" Is brought against any <br />insured, you must: <br />(1)immedlately record the specifics of the claim <br />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 <br />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 de- <br />mands, notices, summonses or legal papers <br />received in 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 enforce- <br />ment of any right against anypperson or <br />organization which may be lrable to the <br />insured because of injury or damage to which <br />this insurance may also apply. <br />d. No insured will, except at that insured's own <br />cost, voluntarily make a payment, assume any <br />obligation, or incur any expense, other than for <br />first aid, without 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 parry or otherwise bring us into a <br />"suit"asking for damages from an insured; or <br />b. To sue us on this Coverage Part unless all of <br />its terms have been fully complied with. <br />A person or organization may sue us to recover on <br />an agreed settlement or on a final judgment against <br />an insured; but we will not be liable for damages <br />that are not payable under the terms of this <br />Coverage Part or that are in excess of the <br />applicable limit of insurance. An agreed settle- <br />ment 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 <br />to the insured for a loss we cover under Coverages <br />A or B of this Coverage Part, our obligations are <br />limited as follows: <br />3i. pnm—a.ry insurance <br />This insurance Is primary except when <br />Paragraph b, below applies. If this insurance is <br />primary, our obli- gabons are not affected unless <br />any of the other insurance is also primary. Then, <br />we will share with all that other insurance by the <br />method described in Paragraph c. below. <br />Wed <br />(a)Any other insurance, whether primary, <br />excess, contingent or on any other basis: <br />(1) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work"; <br />(ll) That is Fire insurance for premises <br />rented to you or temporarily occupied by <br />you with permission of the owner, <br />(111) That is Insurance purchased by you to <br />cover your liability as a tenant for <br />"property damage" to premises rented to <br />you or temporarily occupied by you with <br />permission of the owner; or <br />(iv) if the loss arises out of the maintenance <br />or use of aircraft. "autos" or watercraft to <br />the extent not subject to Exclusion a. <br />of Section I - Coverage A - Bodily Injury <br />And Property Damage Liability. <br />(b) Any other primary insurance available to <br />you covering liability for damages arising <br />Out Of the premises or operations, or the <br />products and completed operations, for <br />which you have been added as an <br />additional insured by attachment of an <br />endorsement. <br />(2) When this Insurance is excess, we will have <br />no duty under Coverages A or B to defend <br />the insured against any "suit" if any other <br />insurer has a duty to defend the insured <br />against that "suit". If no other insurer defends, <br />we will undertake to do so, but we will be <br />entitled to the Insured's rights against all <br />those other insurers. <br />(3) When this insurance is excess over other <br />insurano, we will pay only our share of the <br />amount of the loss, if any, that exceeds the <br />sum of: <br />(a)The total amount that all such other <br />Insurance would pay for the loss in the <br />absence of this insurance; and <br />(b)The total of all deductible and self-insured <br />amounts under all that other insurance. <br />(4) We will share the remaining loss, if any, with <br />any.other._insurance_.that is not.described_in <br />this Excess insurance provision and was not <br />bought specifically to apply in excess of the <br />Limits of insurance shown In the Declarations <br />of this Coverage Part <br />_.. _. <br />c. Method of Sharing <br />If all of the other Insurance permits contribution <br />by equal shares, we will follow this method also. <br />Under this approach each insurer contributes <br />equal amounts until It has paid its applicable limit <br />of insurance or none of the loss remains, <br />whichever comes first. <br />b. Excess Insurance 'PO,R9 <br />-- - - - -- -- - T -- --is excess ---- -- -------- -------- -- ----- - -- - - -- ppROVE,D _0-10---- --------- ------------- - - <br />()- his insurance is excess over. <br />A <br />�,10�FK <br />S. •rneY <br />t pity Atto <br />pssistan 11 <br />CG 00 01 12 07 Copyright, ISO Properties, Inc., 2006 Page 10 of 14 ❑ <br />a <br />A <br />