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If any of the other insurance does not permit <br />contribution by equal shares, we will contribute by <br />limits. Under this method, each Insurer's share is <br />based on the ratio of its applicable limit of <br />insurance to the total applicable limits of insurance <br />of all insurers. <br />5. Premium Audit <br />a. We will compute all premiums for this Coverage <br />Part in accordance with our rules and rates. <br />b. Premium shown in this Coverage Part as advance <br />premium is a deposit premium only. At the close of <br />each audit period we will compute the earned <br />premium for that period and send notice to the first <br />Named Insured. The due date for audit and <br />retrospective premiums is the date shown as the <br />due date on the bill. If the sum of the advance and <br />audit premiums paid for the policy period is greater <br />than the earned premium, we will return the excess <br />to the first Named Insured. <br />c. The first Named Insured must keep records of the <br />information we need for premium computation, and <br />send us copies at such times as we may request. <br />6. Representations <br />a. When You Accept This Policy <br />By accepting this policy, you agree: <br />(1) The statements in the Declarations are accurate <br />and complete; <br />(2) Those statements are based upon <br />representations you made to us; and <br />(3) We have issued this policy in reliance upon your <br />representations. <br />b. Unintentional Failure To Disclose Hazards <br />If unintentionally you should fail to disclose all <br />hazards relating to the conduct of your business <br />that exist at the inception date of this Coverage <br />Part, we shall not deny coverage under this <br />Coverage Part because of such failure. <br />7. Separation Of Insureds <br />Except with respect to the Limits of Insurance, and any <br />rights or duties specifically assigned in this Coverage <br />Part to the first Named Insured, this insurance applies: <br />a. As if each Named Insured were the only Named <br />Insured; and <br />b. Separately to each insured against whom claim is <br />made or "suit" is brought. <br />8. Transfer Of Rights Of Recovery Against Others To <br />Us <br />a. Transfer of Rights Of Recovery <br />If the insured has rights to recover all or part of any <br />payment, including Supplementary Payments, we <br />have made under this Coverage Part, those rights <br />are transferred to us. The insured must do nothing <br />after loss to impair them. At our request, the <br />insured will bring "suit" or transfer those rights to us <br />and help us enforce them. <br />b. Waiver Of Rights Of Recovery (Waiver Of <br />Subrogation) <br />If the insured has waived any rights of recovery <br />against any person or organization for all or part of <br />any payment, Including Supplementary Payments, <br />we have made under this Coverage Part, we also <br />waive that right, provided the insured waived their <br />rights of recovery against such person or <br />organization in a contract, agreement or permit that <br />was executed prior to the Injury or damage. <br />9. When We Do Not Renew <br />If we decide not to renew this Coverage Part, we will <br />mail or deliver to the first Named Insured shown in the <br />Declarations written notice of the nonrenewal not less <br />than 30 days before the expiration date. <br />If notice is mailed, proof of mailing will be sufficient <br />proof of notice. <br />SECTION V — DEFINITIONS <br />1. "Advertisement" means the widespread public <br />dissemination of information or images that has the <br />purpose of inducing the sale of goods, products or <br />services through: <br />a. (1) Radio; <br />(2) Television; <br />(3) Billboard; <br />(4) Magazine; <br />(5) Newspaper; or <br />b. Any other publication that is given widespread <br />public distribution. <br />However, "advertisement" does not include: <br />a. The design, printed material, information or images <br />contained in, on or upon the packaging or labeling <br />of any goods or products; or <br />b. An interactive conversation between or among <br />persons through a computer network. <br />2. "Advertising idea" means any idea for an <br />"advertisement". <br />3. "Asbestos hazard" means an exposure or threat of <br />exposure to the actual or alleged properties of <br />asbestos and includes the mere presence of asbestos <br />in any form. <br />4. "Auto" means a land motor vehicle, trailer or semitrailer <br />designed for travel on public roads, including any <br />attached machinery or equipment. But "auto" does not <br />include "mobile equipment". <br />5. "Bodily injury" means physical: <br />a. Injury; <br />b. Sickness; or <br />c. Disease <br />sustained by a person and, if arising out of the above, <br />mental anguish or death at any time. <br />HG 00 01 06 05 Page 15 of 18 <br />