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However, if you specifically agree in a <br />"contract or agreement requiring <br />insurance" that, for the additional <br />insured shown in the Schedule, the <br />insurance provided to that additional <br />insured under this Coverage Part must <br />apply on a primary basis, or a primary <br />and non-contributory basis, this <br />insurance is primary to other insurance <br />that is available to such additional <br />insured which covers such additional <br />insured as a named insured, and we <br />will not share with the other insurance, <br />provided that: <br />(1) The "bodily injury" or "property <br />damage" for which coverage is <br />sought occurs; and <br />(2) The "personal injury" for which <br />coverage is sought arises out of <br />an offense committed; <br />after you have entered into that <br />"contract or agreement requiring <br />insurance" for such additional insured. <br />But this insurance still is excess over <br />valid and collectible other insurance, <br />whether primary, excess, contingent or <br />on any other basis, that is available to <br />the additional insured when the <br />additional insured is also an additional <br />insured under any other insurance. <br />4. The following is added to Paragraph 8. <br />Transfer Of Rights Of Recovery Against <br />Others To Us in COMMERCIAL <br />GENERAL LIABILITY CONDITIONS <br />(Section IV): <br />We waive any rights of recovery we may <br />have against the additional insured shown <br />in the Schedule above because of <br />payments we make for "bodily injury", <br />"property damage" or "personal injury" <br />arising out of "your work" on or for the <br />project, or at the location, shown in the <br />Schedule above, performed by you, or on <br />your behalf, under a "contract or <br />agreement requiring insurance" with that <br />additional insured. We waive these rights <br />only where you have agreed to do so as <br />part of the "contract or agreement <br />requiring insurance" with that additional <br />insured entered into by you before, and in <br />effect when, the "bodily injury" or "property <br />damage" occurs, or the "personal injury" <br />offense is committed. <br />5. As respects the insurance provided to the <br />additional insured by this endorsement, <br />the following definition is added to <br />DEFINITIONS (Section V): <br />"contract or agreement requiring <br />insurance" means that part of any contract <br />or agreement under which you are <br />required to include the person or <br />organization shown in the Schedule as an <br />additional insured on this Coverage Part, <br />provided that the "bodily injury" and <br />"property damage" occurs, and the <br />"personal injury" is caused by an offense <br />committed: <br />a. After you have entered into that <br />contract or agreement; <br />b. While that part of the contract or <br />agreement is in effect; and <br />c. Before the end of the policy period. <br />All other terms of your policy remain the <br />same. <br />Ova ~ ,~ FAR ': <br />1,1SA E• STOP oKney <br />Assistant City <br />~~--1 <br />\~ <br />CG D3 82 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 <br />Copyright, Insurance Services Office, Inc., 1988 <br />