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05/17/2013 15:17 6185411715 <br />(S) When You Are Added As An <br />Additional Insured To Other <br />61surance <br />That Is other Insurance available to <br />you covering liability for damages <br />arising out of the premises or <br />operations, or products and completed <br />operations, for which you have been <br />aidded as an additional insured by that <br />(7) When You Add Others As An <br />Additional Insured To This <br />Insurance <br />-'hat Is other Insurance avellabie to an <br />additional insured. <br />Ifowevar, the following provisions <br />ripply to other insurance available to <br />any person or organization who is an <br />addtional insured under this Coverage <br />hart: <br />. la) primary insurance When <br />Required By Contract <br />This insurance is primary it you <br />have agreed in a written contract, <br />written agreement or permit that <br />this insurance be primary. If other <br />insurance is also primary, we will <br />share with all that other Insurance <br />by the method described In o. <br />below, <br />;b) Primary And Non - Contributory <br />To Other Insurance When <br />Required By Contract <br />DFIA PAGE 01/01 <br />BUSINESS LIABILITY COVERAGE FORM <br />When this Insurance is excess over other <br />insurance, we will pay only our share of <br />the amount of the loss, If any, that <br />exceeds the sum of: <br />(i) 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 - <br />insured amounts under all that other <br />insurance. <br />We will share Me remaining loss, If any, with <br />any other Insurance that is not described in <br />thl' Excess Insurance provision and was not <br />bought specifically to apply in excess of the <br />Limits of Insurance shown in the <br />Declarations of this Coverage Part. <br />c, Method Of Sharing <br />if all the other Insurance permits <br />Contribution by equal shares, we will follow <br />this method also, Under this approach, <br />each insurer contributes equal amounts <br />until it has paid its applicable limit of <br />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 <br />contribute by limits. Under this method, each <br />Insurer's share is based on the ratio of its <br />applicable Emit of Insurance to the total <br />applicable limits of Insurance of all insurers. <br />8, Transfer Of Rights Of Recovery Against <br />Others To Us <br />a. Transfer Of Rights Of Recovery <br />If you have agreed in a written <br />if the insured has rights to rescuer all or <br />contract, written agreement or <br />part of any payment, Including <br />permit that this Insurance is <br />$ upplementary Payments, we have made <br />pr mary and non - contributory with <br />under this Coverage Part, those rights are <br />the additional insured's own <br />transferred to us. The Insured must do <br />insurance, this insurance Is <br />nothing after loss to impair them, At our <br />primary and we will not seek <br />request, the Insured will bring "suit' or <br />contribution from that other <br />transfer those rights to us and help us <br />insurance. <br />enforce them, This condition does not <br />Paragraphs (a) and (b) do not apply to <br />apply to Medical Expenses Coverage. <br />other Insurance to which the additional <br />b. Waiver Of Rights Of Recovery (waiver <br />insured has boon added as an <br />Of Subrogation) <br />additional Insured. <br />if the Insured has waived any rights of <br />Whan this insurance Is excess, we will <br />recovery against any person or <br />haves no duty under this Coverage Part to <br />organization for all or part of any payment, <br />defend the insured against any "sult" 9 any <br />including Supplementary Payments, we <br />other Insurer has a duty to defend the <br />have made under this Coverage Part, we <br />inm rad against that "suit'. If no other <br />also walve that right, provided the insured <br />insurer defends, we will undertake to do <br />waived their rights of recovery against <br />so, but we will be entitled to the Insured's <br />such person or organization in a contract, <br />rights against ail those other insurers, <br />agreement or permit that was executed <br />prior to the In k e. <br />� (dJ .� <br />'&ppRc) X�ED AS <br />Form SS 00 08 04 05 <br />page 17 of 24 <br />S7pf2CK <br />Assistant City - Attorney <br />t <br />