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(3) The nature and location of any injury or <br />damage arising out of the "occurrence" or <br />offense. <br />b. If a claim is made or "suit" is brought against <br />any insured, you must: <br />(1) Immediately record the specifics of the <br />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 no- <br />tice of the claim or "suit" as soon as practica- <br />ble. <br />c. You and any other involved insured must: <br />(1) Immediately send us copies of any de- <br />mands, notices, summonses or legal pa- <br />pers received in connection with the claim <br />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 <br />the "suit "; and <br />(4) Assist us, upon our request, in the an- <br />fcrcement of any right against any person <br />or organization which may be liable to the <br />insured because of injury or damage to <br />which this insurance may also apply. <br />J. 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 party or otherwise bring us into <br />a "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 <br />against an insured; but we will not be liable for <br />damages that are not payable under the terms of <br />this Coverage Part or that are in excess of the ap- <br />plicable limit of insurance. An agreed settlement <br />means a settlement and release of liability signed <br />by us, the insured and the claimant or the claim- <br />ant's legal representative. <br />4. Otherinsurance <br />If other valid and collectible insurance is available <br />to the insured for a loss we cover under Cover- <br />ages A or B of this Coverage Part, our obligations <br />are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when Para- <br />graph b, below applies. If this insurance is pri- <br />mary, our obligations are not affected unless <br />any of the other insurance is also primary. <br />Then, we will share with all that other insur- <br />ance by the method described in Paragraph c. <br />below. <br />b. Excess Insurance <br />(1) This insurance is excess over: <br />(a) Any of the other insurance, whether <br />primary, excess, contingent or on any <br />other basis: <br />(i) That is Fire, Extended Coverage, <br />Builder's Risk, Installation Risk or <br />similar coverage for "your work "; <br />(ii) That is Fire insurance for premises <br />rented to you or temporarily occu- <br />pied by you with permission of the <br />owner; <br />(iii) That is insurance purchased by you <br />to cover your liability as a tenant for <br />"property damage" to premises <br />rented to you or temporarily occu- <br />pied by you with permission of the <br />owner; or <br />(iv) If the loss arises out of the mainte- <br />nance or use of aircraft, "autos" or <br />watercraft to the extent not subject to <br />Exclusion g. of Section I — Coverage <br />A — Bodily Injury And Property Dam- <br />age Liability. <br />(b) Any other primary insurance available to <br />you covering liability for damages aris- <br />ing out of the premises or operations, or <br />the products and completed operations, <br />for 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 de- <br />fends, we will undertake to do so, but we <br />will be entitled to the insured's rights <br />against all those other insurers. <br />CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 ❑ <br />