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.lky,r � »� _ <br />T. WAIVER OR TRANSFER OF RIGHTS OF <br />provision does not affect our right to collect <br />RECOVERY AGAINST OTHERS TO US <br />additional premium or to exercise our rights of <br />1. If the insured has rights to recover all or part <br />cancellation or nonrenewal in accordance with <br />of any payment we have made under this <br />applicable insurance laws or regulations. <br />insurance, those rights are transferred to us <br />W. WHEN LOSS IS PAYABLE <br />and the insured must do nothing after loss to <br />If we are liable under this insurance, we will pay <br />impair them. At our request, the insured will <br />for injury, damage or loss after: <br />bring suit or transfer those rights to us and <br />help us, and with respect to Coverage A, the <br />1. The insured's liability is established by: <br />"underlying insurer", enforce them. <br />a. A court decision; or <br />If the insured has agreed in a contract or <br />b. A written agreement between the <br />agreement to waive that insured's right of <br />claimant, the insured, any "underlying <br />recovery against any person or organization, <br />insurer" and us; and <br />we waive our right of recovery against that <br />person or organization, but only for payments <br />2. The amount of the "applicable underlying <br />we make because of an "event" that takes <br />limit" or "self -insured retention" is paid by or <br />place or is committed subsequent to the <br />on behalf of the insured. <br />execution of that contract or agreement by <br />SECTION VI —DEFINITIONS <br />such insured. <br />2. Reimbursement of any amount recovered will <br />A. With respect to all coverages of this insurance: <br />be made in the following order: <br />1. "Applicable underlying limit" means the sum of: <br />a. First, to any person or organization <br />a. The applicable limit of insurance stated <br />(including us or the insured) who has paid <br />for the policies of "underlying insurance" <br />any amount in excess of the applicable <br />in the Schedule Of Underlying Insurance <br />limit of insurance; <br />subject to the provisions in Paragraphs <br />b. Next, to us; and <br />4.a.(1), (2) and (3) of COVERAGE A — <br />c. Then, to any person or organization <br />EXCESS FOLLOW -FORM LIABILITY of <br />(including the insured and with respect to <br />SECTION I — COVERAGES; and <br />Coverage A, the "underlying insurer") that <br />b. The applicable limit of insurance of any <br />is entitled to claim the remainder, if any. <br />"other insurance" that applies. <br />3. Expenses incurred in the process of recovery <br />The limits of insurance in any policy of <br />will be divided among all persons or <br />"underlying insurance" will apply even if: <br />organizations receiving amounts recovered <br />according to the ratio of their respective <br />a. The "underlying insurer" claims the <br />recoveries. <br />insured failed to comply with any term or <br />U. TRANSFER OF YOUR RIGHTS AND DUTIES <br />condition of the policy; or <br />UNDER THIS INSURANCE <br />b. The "underlying insurer" becomes <br />1. Your rights and duties under this insurance <br />bankrupt or insolvent. <br />may not be transferred without our written <br />2. "Auto hazard" means all "bodily injury" and <br />consent except in the case of death of an <br />"property damage" to which liability insurance <br />individual Named Insured. <br />afforded under an auto policy of "underlying <br />2. If you die, your rights and duties will be <br />insurance" would apply but for the exhaustion <br />transferred to your legal representative but <br />of its applicable limits of insurance. <br />only while acting within the scope of duties as <br />3. "Electronic data" means information, facts or <br />your legal representative. Until your legal <br />programs stored as or on, created or used on, <br />representative is appointed, anyone having <br />or transmitted to or from computer software <br />proper temporary custody of your property will <br />(including systems and applications software), <br />have your rights and duties but only with <br />hard or floppy disks, CD-ROMs, tapes, drives, <br />respect to that property. <br />cells, data processing devices or any other <br />V. UNINTENTIONAL OMISSION OR ERROR <br />media which are used with electronically <br />The unintentional omission of, or unintentional <br />controlled equipment. <br />error in, any information provided by you which we <br />4. "Event" means an "occurrence", offense, <br />relied upon in issuing this policy will not prejudice <br />accident, act, error, omission, wrongful act or <br />your rights under this insurance. However, this <br />loss. <br />Risk Management Division <br />REVIEWED&APPROVED BY. - <br />Page 16 of 22 © 2016 The Travelers Indemnity <br />1+■ �j <br />Company. All rights reserved. ll11LLli ' F4ar.rt44 iz. VcC A44a1 <br />Risk Management Analyst <br />