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Policy *BA2A439568 b- Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "lass", our payment will in. clude the applicable sales tax for the dam- aged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or"loss" to impair them. B. General Conditions 1. _ Bankruptcy. Bankruptcy or insolvency of the "insured" or the "insureds" estate will not relieve us of any obligations under this covoragn form - 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This coverage form; I The covered "auto"; c. Your interest in the covered "auto": or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit To Bailee — Physical vantage Coverages We will not recognize any assignment or grant any coverage for the benefit of any I son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this coverage form. COMMERCIAL AUTO 5. Otherinsurance a. For any covered "auto" you own. this coverage form provides primary insur- anco. For any covcrod "auto" you don't own, the insurance provided by this cov- erage form Is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer" is can- nected to another vehicle, the Liability Coverage this coverage form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own. (2) Primary while It is connected to a covcrod "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is doomed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". a. Regardless of the provisions of li graph a. above, [his coverage form's Li- ability Coverage is primary for any liability assumed under an "insured contract". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy i gan_ We will compute the final premium due when we determine your actual ex- posures, The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any, The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the begin- ning of each year of the policy. CA 00 01 03 10 (adv. 02.1 • ) 0 Insurance Services Office, Inc., 2000 Page 9 of 12