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(7) Maintain adequate claim records and 3. Legal Action Against Us <br /> supporting data which document reserves No person or organization has a right under this <br /> for payment of claims, dates and amounts Coverage Part: <br /> of any settlements, including specific <br /> identification of "claim expenses" incurred a. Tojoin us as a party or otherwise bring us into <br /> and paid. a "suit" asking for damages from an insured; <br /> d. Acceptance Or Rejection of Settlement or <br /> Within The "Self-Insured Retention" b. To sue us under this Coverage Part unless all <br /> You,any insured as described in Section II - of its terms have been fully complied with. <br /> Who Is an Insured or any insured endorsed to A person or organization may sue us to recover <br /> this Coverage Part shall, as respects the "self- on an agreed settlement or on a final judgment <br /> insured retention", exercise good faith in against an insured; but we will not be liable for <br /> evaluating whether to accept or reject a damages that are not payable under the terms of <br /> settlement offer extended by a party making a this Coverage Part or that are in excess of the <br /> claim. The failure to exercise such good faith applicable limit of insurance. An agreed <br /> by you, and any such insured will relieve us of settlement means a settlement and release of <br /> any obligation to pay any sum in excess of the liability signed by us, the insured and the claimant <br /> amount of the settlement that could have or the claimant's legal representative. <br /> been accepted. 4. Other Insurance <br /> e. Obligations At The Insureds Own Cost This insurance is excess over any other <br /> No insureds will, except at the insured's own insurance, whether primary, excess, contingent or <br /> cost, make or agree to any settlement for a on any other basis, except when purchased <br /> sum in excess of the "self-insured retention" specifically to apply in excess of this insurance. <br /> without our consent. If this insurance is excess over other insurance, <br /> If any insured makes a payment, assumes we will pay only our share of the amount of the <br /> any obligation, or incurs any expense, other loss, if any,that exceeds the sum of: <br /> than for first aid, without our consent, such (1) The total amount that all such other insurance <br /> payment, obligation or expense will be at the would pay for damages in the absence of this <br /> insured's own cost. insurance; and <br /> f. Insureds Other Insurance (2) The total of all deductible and self-insured <br /> If we cover a claim or "suit" under this amounts under all that other insurance. <br /> Coverage Part that may also be covered by 5. Premium Audit <br /> other insurance available to an insured, such a. We will compute all premiums for this <br /> insured must submit such claim or"suit"to the Coverage Part in accordance with our rules <br /> other insurer for defense and indemnity. and rates. <br /> g. Knowledge Of An Occurrence, Offense, b. Premium shown in this Coverage Part as <br /> Claim Or Suit advance premium is a deposit premium only. <br /> Paragraphs a. and b. apply to you or to any At the close of each audit period we will <br /> insured only when such "occurrence", offense, compute the earned premium for that period <br /> claim or"suit" is known to: and send notice to the first Named Insured. <br /> (1)You or any insured that is an individual; The due date for audit and retrospective <br /> (2) Any partner, if you or an insured is a premiums is the date shown as the due date <br /> partnership; on the bill. If the sum of the advance and audit <br /> premiums paid for the "policy period" is <br /> (3)Any manager, if you or any insured is a greater than the earned premium, we will <br /> limited liability company; return the excess to the first Named Insured. <br /> (4)Any "executive officer" or insurance c. The first Named Insured must keep records of <br /> manager, if you or an insured is a the information we need for premium <br /> corporation; computation, and send us copies at such <br /> (5)Any trustee, if you or an insured is a trust; times as we may request. <br /> or 6. Representations <br /> (6) Any elected or appointed official, if you or a. When You Accept This Policy <br /> an additional insured is a political By accepting this policy,you agree: <br /> subdivision or public entity. (1) The statements in the Declarations are <br /> Paragraph g. applies separately to you and any accurate and complete; <br /> insured. <br /> Form EH 00 02 06 05 Page 17 of 23 <br />