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(2) Those statements are based upon d. Waiver Of Rights Of Recovery (Waiver Of representations you made to us; and Subrogation) (3) We have issued this policy in reliance If the insured has waived any rights of upon your representations. recovery against any person or organization b. Unintentional Failure To Disclose Hazards for all or part of any payment, including If unintentionally you should fail to disclose all Supplementary Payments, we have madeunder this Coverage Part, we also waive that hazards relating to the conduct of your right, provided the insured waived their rights business that exist at the inception date of this of recovery against such person or Coverage Part, we shall not deny coverage organization in a contract, agreement or under this Coverage Part because of such permit that was executed prior to the injury or failure. damage. 7. Separation Of Insureds g. When We Do Not Renew Except with respect to the Limits of Insurance, If we decide not to renew this Coverage Part, we your responsibility under the "self-insured will mail or deliver to the first Named Insured retention" and any rights or duties specifically shown in the Declarations written notice of the assigned in this Coverage Part to the first Named nonrenewal not less than 30 days before the Insured, this insurance applies: expiration date. a. As if each Named Insured were the only If notice is mailed, proof of mailing will be Named Insured; and sufficient proof of notice. b. Separately to each insured against whom 10. Maintenance of Self-Insured Retention claim is made or"suit" is brought. 8. Transfer Of Rights Of Recovery Against You shall do whatever is required, including provision of sufficient funds, to maintain the "self- Others To Us insured retention" in full effect during the currency a. Transfer of Rights Of Recovery of this policy. If the "self-insured retention" If the insured has rights to recover all or part becomes invalid, suspended, unenforceable or of any payment, including Supplementary uncollectable for any reason, including bankruptcy Payments, we have made under this or insolvency, we shall be liable only to the extent Coverage Part, those rights are transferred to we would have been had such "self-insured us. The insured must do nothing after loss to retention" remained in full effect. impair them. At our request, the insured will The first Named Insured shall give us written bring "suit" or transfer those rights to us and notice as soon as practicable of any change in the help us enforce them. operating status of any "self-insured retention", or b. How Recoveries Shall Be Applied when the sum of all incurred losses and "claim expenses" equals or exceeds 70% of the "self- Recoveries shall be applied to reimburse: insured retention". (1) First, any interest (including the Named 11.Appeals Insured) that paid any amount in excess of our Limits of Insurance; a. For amounts within the "self-insured (2) Second, us, along with any other insurers retention": having a quota share interest at the same (1) If we or you with our consent, elect to level; and appeal a judgment, then any resultant (3)Third, such interests (including the additional expenses, settlements or Named Insured) of whom this insurance is judgments to which this insurance applies shall reduce the amount of the self- excess. insured retention". We shall be liable for However, a different apportionment may be such additional expenses, settlements or made to effect settlement of a claim by judgments that are in excess of the "self- agreement signed by all interests. insured retention". c. Apportionment Among All Interests (2) If you or any insured, without our consent, Reasonable expenses incurred in the exercise elects to appeal a judgment, any resultant of rights of recovery shall be apportioned additional expenses, settlements or among all interests in the ratio of their judgments shall not reduce the amount of respective losses for which recovery is the "self-insured retention". We shall not sought. be liable for such resultant additional Page 18 of 23 Form EH 00 02 06 05