MERCY HOUSE LIVING CENTERS (ESG 2013)

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Aug 01 13 08'.01 a 0000000000 or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: 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 terns 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; 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 insurance- An agreed settle- ment means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. be- low 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 c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "yourwork "; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, 00000000 X, COMMERC AL GENERAL LIABILITY (c) That is inst ranee purchased by you to cover yo r liability as a tenant for "property iamage" to premises rented to yc c or temporarily occupied by you with oermissicn of the owner: or (d) If the loss irises out of the mainte- nance or u of aircraft. "autos" or watercraft t< the extent not subject to Exclusion g of Section I — Coverage A — Bodily njury And Property Dam- age Liability (2) Any other prints ry insurance available to you covering Ida Aity for damages arising out of the pre rises or operations for which you have been added as an addi- tional insured t y attachment of an er- dorsement. When this insuranc,- is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other in- surer has a duty to c efend the insured against that "suit". If no othc r insurer defends, we will undertake to do so, but we will be entitled -.o the insured's rights against all those other in- surers. When this insural is excess over other in- surance, we will pa y only our share of Ire amount of the loss, if any, that exceeds the sum of: (1) The total amou it that all such other in- surance would fay for the loss in the ab- sence of this ins trance; and (2) The total of all d :ductible and self - insured amounts under t II that other insurance. We will share the re raining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically ti apply in excess of the Limits of Insurance a hewn in the Declarations of this Coverage Par c. Method Of Sharing If all of the other ire .trance permits contribi- tion by equal shat -,,s, we will follow ;his method also. Under this approach each in- surer contributes ec cal amounts until it has paid its applicable li nit of insurance or none of the loss remains, ,hichever comes first. If any of the other it surance does not permit contribution by equi shares, we will contrib- APPRO ( 6FD AS TO FO /l CG 00 01 10 01 J ISO Properties Inc., 2000- -- �`'�� lof '6 LISA E. SLISA SiORCY,� Assistant City Sattornev �-�