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WHITE NELSON DIEHL EVANS LLP (3) -2016
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WHITE NELSON DIEHL EVANS LLP (3) -2016
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Last modified
2/14/2018 3:05:40 PM
Creation date
6/1/2016 10:56:48 AM
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Contracts
Company Name
WHITE NELSON DIEHL EVANS LLP
Contract #
A-2016-098
Agency
Finance & Management Services
Council Approval Date
5/3/2016
Expiration Date
6/30/2017
Insurance Exp Date
6/1/2018
Destruction Year
2022
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(6) When You Are Added As An <br />Additional Insured To Other <br />Insurance <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 />added as an additional insured by that <br />insurance; or <br />(7) When You Add Others As An <br />Additional Insured To This <br />Insurance <br />That is other insurance available to an <br />additional insured. <br />However, the following provisions <br />apply to other insurance available to <br />any person or organization who is an <br />additional insured under this Coverage <br />Part: <br />(a) Primary Insurance When <br />Required By Contract <br />This insurance is primary if 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 c. <br />below. <br />(b) Primary And Non -Contributory <br />To Other Insurance When <br />Required By Contract <br />If you have agreed in a written <br />contract, written agreement or <br />permit that this insurance is <br />primary and non-contributory with <br />the additional insured's own <br />insurance, this insurance is <br />primary and we will not seek <br />contribution from that other <br />insurance. <br />Paragraphs (a) and (b) do not apply to <br />other insurance to which the additional <br />insured has been added as an <br />additional insured. <br />When this insurance is excess, we will <br />have no duty under this Coverage Part to <br />defend the insured against any "suit" if any <br />other insurer has a duty to defend the <br />insured against that "suit". If no other <br />insurer defends, we will undertake to do <br />so, but we will be entitled to the insured's <br />rights against all those other insurers. <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 />(1) 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 the remaining loss, if any, with <br />any other insurance that is not described in <br />this 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 limit 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 the insured has rights to recover all or <br />part of any payment, including <br />Supplementary Payments, we have made <br />under this Coverage Part, those rights are <br />transferred to us. The insured must do <br />nothing after loss to impair them. At our <br />request, the insured will bring "suit" or <br />transfer those rights to us and help us <br />enforce them. This condition does not <br />apply to Medical Expenses Coverage. <br />b. Waiver Of Rights Of Recovery (Waiver <br />Of Subrogation) <br />If the insured has waived any rights of <br />recovery against any person or <br />organization for all or part of any payment, <br />including Supplementary Payments, we <br />have made under this Coverage Part, we <br />also waive that right, provided the insured <br />waived their rights of recovery against <br />such person or organization in a contract, <br />agreement or permit that was executed <br />prior to the injury or damage. <br />Form SS 00 08 04 05 Page 17 of 24 <br />
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