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ITERIS, INC AGR# TBD <br />REVIEWED BY: <br />EUNICE HEREDIA (PG 14 OF 17) <br />You must, however, give us notice as soon as practicable after being made aware that the particular claim is a <br />General Liability rather than a Workers Compensation claim. <br />X. Other Insurance Condition <br />Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV — Commercial General Liability <br />Conditions are replaced by the following: <br />4. Other Insurance <br />If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of <br />this Coverage Part, our obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when Paragraph It. below applies. If this insurance is primary, our <br />obligations are not affected unless any of the other Insurance Is also primary. Then, we will share with all that <br />other insurance by the method described in Paragraph c. below. However, this insurance is primary to and <br />will not seek contribution from any other insurance available to an additional insured provided that: <br />(1) The additional insured is a Named Insured under such other insurance; and <br />(2) You are required by written contract or written agreement that this insurance be primary and not seek <br />contribution from any other insurance available to the additional insured. <br />Other insurance includes any type of self insurance or other mechanism by which an insured arranges for <br />funding of Its legal liabilities, <br />b. Excess Insurance <br />(1) This insurance is excess over: <br />(a) Any of the other Insurance, whether primary, excess, contingent or on any other basis: <br />(1) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work <br />(ii) That is property insurance purchased by you (including any deductlble or self insurance portion <br />thereof) to cover premises rented to you or temporarily occupied by you with permission of the <br />owner; <br />(iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to <br />cover your liability as a tenant for "property damage" to premises rented to you or temporarily <br />occupied by you with perm(ssion of the owner, <br />(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not <br />subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; <br />or <br />(v) That is property insurance (including any deductible or self insurance portion thereof) purchased <br />by you to cover damage to: <br />Equipment you borrow from others; or <br />Property loaned to you or personal property in the care, custody or control of the insured arising <br />out of the use of an elevator at premises you own, rent or occupy. <br />(b) Any other primary Insurance (including any deductible or self insurance portion thereof) available to <br />the insured covering liability for damages arising out of the premises, operations, products, work or <br />services for which the insured has been granted additional insured status either by policy provision or <br />attachment of any endorsement, Other primary insurance includes any type of self insurance or other <br />mechanism by which an insured arranges for funding of its legal liabilities. <br />(c) Any of the other Insurance, whether primary, excess, contingent or on any other basis, available to an <br />additional insured, In which the additional insured on our policy is also covered as an additional <br />insured on another policy providing coverage for the same 'occurrence", claim or "suit". This <br />provision does not apply to any policy In which the additional Insured is a Named Insured on such <br />other policy and where our policy is required by written contract or written agreement to provide <br />coverage to the additional Insured on a primary and non-contributory basis, <br />u -GL -1 ass- a cw (D4/13) <br />Page i t or 12 <br />Includes copyrighted material of Insurance Services office, Inc., with Its pamiisslon. <br />