ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC. (EPD SOLUTIONS, INC.) (2)

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SB-148088-A o � � � � o � 2. Tender the defense and indemnity of any claim or "suit" to us for u loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for uloss wocover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for u loss we cover under this Coverage Part. Nehave noduty to defend or indemnify an additional insured under this endorsement until we receive written notice of claim or "suit" from the additional insured. D. OTHER INSURANCE H. 2. & 3J of the Businessnwnem Common Policy Conditions are deleted and replaced with the following: 2. This insurance inexcess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insurod's nvvn coverage. This insurance is excess over any other insurance to which the additional insured has been added as anadditional insured byendorsement. 3. When this insurance in exceaa, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has aduty tndefend the additional insured SB-148088-A against that "suit" If no other insurer defendn, we will undertake to do oo, but wowill be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other innuranoe, we will pay only our share of the amount of the |onn, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and Gd The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that in not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OFRECOVERY AGAINST OTHERS TO 0S (Section K.2.) of the BusinessnwnemCommon Policy Conditions indeleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person ororganization d included within the "prod ucts'onmp|eted operations hazard." RAMmaganadDMsiun Risk Management Analyst y NJ