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oestbm nuCauiniun.ca.(/ms,nnc. <br />mmurwowoaR:rsBnn+*z <br />EFrEC7vT m/11 cm 05 06 2017 m 05 00 20 | a <br />(U) 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, for which you have been <br />itSULPice: or <br />(7) When You Add Others As An <br />Additional Insured To This <br />Insurance <br />That isother insurance available 1oon <br />additional insured. <br />Hmwever, the following provisions <br />apply to other insurance available to <br />any person ororganization 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 awh8en contract, <br />written agreement or permit that <br />this insurance bmprimary. If other <br />insurance is also phmary, we will <br />share with all that other insurance <br />by the method described in o. <br />below. <br />(b) Primary And Non -Contributory <br />To Other Insurance When <br />Required By Contract <br />If you have agreed in m written <br />contract, written agreement or <br />permit that this insurance is <br />primary and non-contributory with <br />the additional insu/ed's own <br />insumnue, this insurance is <br />primary and we will not seek <br />ounUibudun from that other <br />insurance. <br />Paragraphs (a)and (b) do not apply to <br />other insurance towhich the additional <br />insured has been added as an <br />additional insured, <br />When this insurance is excess, we will <br />have noduty 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 />Form SS 00 08 04 05 <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 />tyceeds the suit of: <br />(1) The total amount that all such other <br />insurance would pay for the loss in the <br />absence ofthis 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, ifany, with <br />any other insurance that isnot described in <br />this Excess Insurance provision and was not <br />bought specifically to apply in excess ofthe <br />Limits of Insurance shown in the <br />Declarations ofthis Coverage Part. <br />c. Method DfSharing <br />If all the other insurance permits <br />contribution by equal shares, wewill follow <br />this method also. Under this app/omuh, <br />each insurer contributes equal amounts <br />until it has paid its applicable limit of <br />insurance o/ none of the loss remains, <br />whichever comes first. <br />|fany ofthe other insurance does not permit <br />contribution by equal chaes, we will <br />contribute bylimits. Under this method, each <br />insurer's share in basad on the ratio of its <br />applicable limit of insurance to the Vz1a| <br />applicable limits ofinsurance ofall insurers. <br />O. Transfer Of Rights Of Recovery Against <br />Others ToUa <br />a. Transfer DfRights DfRecovery <br />If the insured has rights to recover all o/ <br />part of any payment. including <br />Supplementary PaymenCs, we have made <br />under this Coverage Part, those rights are <br />transferred to un. The insured must do <br />nothing after loss to impair them. At our <br />requect, the insured will bring "suit" o/ <br />transfer those rights to us and help us <br />enforce them. This condition does not <br />apply VzMedical 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 />