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1A VL <br />SB146968B <br />(Ed. 6-16) <br />4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal <br />and advertising injury" arising out of construction or demolition work while you are acting as a construction or <br />demolition contractor. <br />C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, <br />Claim or Suit is amended to add the following: <br />An additional insured under this endorsement will as soon as practicable: <br />1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; <br />2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; <br />3. Except as provided for in paragraph D.2. below: <br />a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a <br />loss we cover under this Coverage Part; and <br />b. Agree to make available any other insurance which the additional insured has for a loss we cover under this <br />Coverage Part. <br />We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice <br />of a claim or "suit" from the additional insured. <br />D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the <br />BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them <br />with the following: <br />2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, <br />contingent or on any other basis, BIA if required by the written contract or written agreerrreat, this insurance Will be <br />primary and noncontributory relative to insurance on which the additional insured is a t4ameri Insured,. <br />3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional <br />insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no <br />other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against <br />all those other insurers. <br />When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, <br />that exceeds the sum of: <br />(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and <br />(b) The total of all deductible and self-insured amounts under all that other insurance. <br />We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance <br />Nprovision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations <br />of this Coverage Part. <br />0 <br />E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON <br />s POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: <br />2. 'Me waive any right of recovery we m,,aay have against any person or organ, izzatton with. whom you have agreed to <br />waive such rrght of recovery in a written contract or agreeaierrt because of payments we make for injury or <br />damage arising out of your ongoing operations or "your work" done under a contract with that person or <br />organization and included within the "products -completed operations hazard." <br />All other terms and conditions of the Policy remain unchanged. <br />SB146968B (6-16) <br />Page 2 of 2 <br />Copyright, CNA All Rights Reserved. <br />REVIEWED BY: EUNICE HEREDIA (PGq OF <br />