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b. To sue us on this Coverage Part unless all of its <br />terms have been fully complied with. <br />A person or organization may sue us to recover <br />on 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 <br />applicable limit of insurance. An agreed <br />settlement means a settlement and release of <br />liability signed by us, the insured and the <br />claimant or the claimant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available to <br />the insured for a loss we cover under Coverages A <br />or B of this Coverage Part, our obligations are limited <br />as follows: <br />a. Primary Insurance <br />This insurance is primary except when b. below <br />applies. If this insurance is primary, our <br />obligations are not affected unless any of the <br />other insurance is also primary. Then, we will <br />share with all that other insurance by the method <br />described in c. below. <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, <br />Builder's Risk, Installation Risk or similar <br />coverage for "your work"; <br />(b) That is Fire insurance for premises <br />rented to you or temporarily occupied by <br />you with permission of the owner; <br />(c) 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 />(d) If the loss arises out of the maintenance <br />or use of aircraft, "autos" or watercraft to <br />the extent not subject to Exclusion g. of <br />Section I — Coverage A — Bodily Injury <br />And Property Damage Liability. <br />(2) Any other primary insurance available to you <br />covering liability for damages arising out of <br />the premises or operations, or the products <br />and completed operations, for which you <br />have been added as an additional insured by <br />attachment of an endorsement. <br />When this insurance is excess, we will have no <br />duty under Coverages A or B to defend the <br />insured against any "suit" if any other insurer has <br />a duty to defend the insured against that "suit". If <br />no other insurer defends, we will undertake to do <br />to, but we will be entitled to the insured's rights <br />against all those other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of the <br />amount of the loss, if any, that exceeds the sum <br />of. <br />(1) The total amount that all such other <br />insurance would pay for the loss in the <br />absence of this 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 <br />other insurance that is not described in this <br />Excess Insurance provision and was not bought <br />specifically to apply in excess of the Limits of <br />Insurance shown in the Declarations of this <br />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. <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 />If any of the other insurance does not permit <br />contribution by equal shares, we will contribute by <br />limits. Under this method, each insurer's share is <br />based on the ratio of its applicable limit of <br />insurance to the total applicable limits of insurance <br />of all insurers. <br />5. Premium Audit <br />a. We will compute all premiums for this Coverage <br />Part in accordance with our rules and rates. <br />b. Premium shown in this Coverage Part as <br />advance premium is a deposit premium only. At <br />the close of each audit period we will compute <br />the earned premium for that period and send <br />notice to the first Named Insured. The due date <br />for audit and retrospective premiums is the date <br />shown as the due date on the bill. If the sum of <br />the advance and audit premiums paid for the <br />policy period is greater than the earned premium, <br />we will return the excess to the first Named <br />Insured. <br />c. The first Named Insured must keep records of <br />the information we need for premium <br />computation, and send us copies at such t' I ;, <br />as we may request. TVD P�s TO <br />CG 00 01 12 04 © ISO properties, Inc., 2003 <br />j�PPRQ <br />Assistant C1tY �t <br />