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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 items 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. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A and B of this Coverage Part, our obli- gations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is primary, our obligations are not affected un- less any of the other insurance is also pri- mary. Then, we will share with all that other insurance by the method described in Para- graph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Cover age, Builder's Risk, Installation Risk or similar coverage for "your work "; (ii). That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permis- sion 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 tem- porarily occupied by you with permission of the owner; or Page 12 of 17 (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance avail- able 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 en- dorsement. (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) We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance pro- vision and was not bought specifically to apply in excess of the Limits of insur- ance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contrib- ution by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insur- er's share is based on the ratio of its applicable limit of insurance to the total ap- plicable limits of insurance of all insurers.