SOUTHWEST SANTA ANA LITTLE LEAGUE -1979

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CONDITIONS 1. Premium The premium for this policy shall be the sum stated in the first line of Item 3 of the Declarations and /or in'any'applicable amendatory endorsements attached hereto. 2. Inspection and Audit The Company shall be permitted but not obligated to inspect the Named Insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall consti. tute an undertaking, on behalf of or for the benefit of the Named Insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Named Insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility Laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The Insured shall cooperate with the Company and, upon the Company's request, assist in making settlements, in the conduct of suits and in enforc- ing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5. Arbitration With respect to liability assumed under an "incidental contract ", as defined in this policy, the Company shall be entitled to exercise all of the Insured's rights in the choice of arbitrators and in the conduct of any arbitration proceeding. 6. Action Against Company No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the Insured to determine the Insured's liability, nor shall the Company be impleaded by the Insured or his legal repre. sentative. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder. 1. Other Insurance The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss than the applicable limit of liability under thi policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 8. Subrogation In the event of any payment under this policy, the Company shall be subro gated to all the Insured's rights of recovery therefor against any person o organization and the Insured shall execute and deliver instruments and paper. and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. 9. Changes Notice to any agent or knowledge possessed by any agent or by any othe person shall not effect a waiver or a change in any part of this policy or estol the Company from asserting any right under the terms of this policy; nor shal the terms of this policy be waived or changed, except by endorsement issuer to form a part of this policy. 10. Assignment Assignment of interest under this policy shall not bind the Company until it consent is endorsed hereon; if, however, the Named Insured shall die, sucl insurance as is afforded by this policy shall apply (1) to the Named Insured'. legal representative, as the Named Insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the Name Insured, to the person having proper temporary custody thereof, as Insurec but only until the appointment and qualification of the legal representative. `1. Cancellation This policy may be cancelled by the Named Insured by surrender thereof to th Company or any of its authorized agents or by mailing to the Company writte notice saying when thereafter the cancellation shall be effective. This polic may be cancelled by the Company by mailing to the Named Insured at-th address shown in this policy, written notice stating when not less that 30 day thereafter such cancellation shall be effective. The mailing of notice a-afart said shall be sufficient proof of notice. The time of surrender or the effectiv date and hour of cancellation stated in the notice shall become the end of th policy period. Delivery of such written notice, either by the Named Insured r by the Company, shall be equivalent to mailing. If the Named Insured cancels, the premium shall be considered fully earner If the Company cancels, earned premium shall be computed pro rata. Premiur adjustment may be made at the time cancellation is effected and, if not the made, shall be made as soon as practicable after cancellation becomes effer five, but payment or tender of unearned premium is not a condition of car cellation. 12. Declarations By acceptance of this policy, the Named Insured agrees that the statements i the declarations are his agreements and representations, that this policy i issued in reliance upon the truth of such representations and that this polic embodies all agreements existing between himself and the Company or an of its agents relating to this insurance. IN WITNESS WHEREOF, the INSURANCE COMPANY OF NORTH AMERICA has caused this policy to be signed by its President and a Secretary at Philadelphia, Pennsylvania, countersigned on the Declarations page by a duly Authorized Agent of the Company. BERTRAM C. DEDMAN, Secretary —4— 6/ JOHN R.