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b. If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "suit "; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit "; and (4)Assist us, upon our request, in the enforce- ment of any right against any person 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 insured; or b. To sue us on this Coverage Part unless all of its terms 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. (a)Any other insurance, whether primary, excess, contingent or on any other basis: (I) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work" (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2)When this insurance is excess, we will have no- duty - under -Coverages A- or-B -to -defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b)The total of all deductible and self- insured amounts under all that other insurance. 4. Other Insurance (4) We will share the remaining loss, if any, with If other valid and collectible insurance is available any other insurance that is not described in to the insured for a loss we cover under Coverages this Excess Insurance provision and was not 9 bought specifically to apply in excess of the A or B of this Coverage Part, our obligations are Limits of Insurance shown in the Declarations limited as follows: of this Coverage Part. a. Primary Insuranc c. Method of Sharing his insurance is primary except when If all of the other insurance permits contribution Paragraph b. below applies. If this insurance is by equal shares, we will follow this method also. primary, our obli- gations are not affected unless Under this approach each insurer contributes any of the other insurance is also primary. Then, equal amounts until it has paid its applicable limit we will share with all that other insurance by the of insurance or none of the loss remains, method described in Paragraph c. below. whichever comes first. b. Excess Insurance (1)This insurance is excess over: CG 00 01 1207 Copyright, ISO Properties, Inc., 2006 Page 10 of 14 ❑