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(2) That portion of your work out of which the injury or damage arises has been put to Its Intended use by any <br /> person or organization other than another contractor or subcontractor engaged In performing operations for a <br /> principal as a part of the same project, <br /> III. With respect to the Insurance afforded to these additional insureds, the following Is added to SECTION V--LIMITS <br /> OF INSURANCE: <br /> The most we will pay on behalf of the additional Insured Is the amount of insurance: <br /> 1. Required by the contract or agreement described In Paragraph 1.1.;or <br /> 2. Available under the applicable limits of insurance; <br /> whichever Is less. <br /> This endorsement shall not Increase the applicable limits of insurance. <br /> IV. With respect to the Insurance afforded to these additional Insureds, the following Is added to SECTION VI-- <br /> REPORTING, DEFENSE,SETTLEMENT&COOPERATION: <br /> 1. Duties--Additional Insured <br /> An additional Insured must see to It that: <br /> a. We are notified In writing as soon as practicable of an occurrence or offense which may result In a claim or <br /> suit; <br /> b. We receive written notice of a claim or suit as soon as practicable;and <br /> c. A request for defense and Indemnity of the claim or suit will promptly be brought against any policy Issued by <br /> another Insurer underwhich the additional Insured may be an insured In any capacity. This provision does not <br /> apply to insurance on which the additional Insured is a Named Insured,if the contract or agreement requires <br /> that this coverage be primary and noncontributory. <br /> V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addltion of the following which supersedes any. <br /> provision to the contrary: <br /> Primary And Noncontributory Insurance <br /> This Insurance is primary to and will not seek contribution from any other Insurance available to a person(s) or <br /> organlzatlon(s)Included as an additional Insured under this endorsement provided that: <br /> 1. The additional Insured person(s)or organization(s)Is a Named Insured under such other Insurance;and <br /> 2. You have agreed In writing In a contract or agreement, in effect during this policy period,that this insurance would <br /> be primary and would not seek contribution from any other insurance available to the additional Insured person(s) <br /> or organlzation(s). Such contract or agreement must be executed and In effect prior to the performance of your <br /> work which is the subject of such contract or agreement. ' <br /> However,this provision does not apply If the other insurance available to the persons)or organlzatlon(s)included as <br /> an additional Insured Is Owners and Cbntractors Protective Liability, Railroad Protective Liability, or similar project- <br /> specific,primary insurance. <br /> VI. This endorsement does not apply to an additional Insured which has been added to this policy by an endorsement <br /> showing the additional Insured In a SCHEDULE of additional Insureds, and which endorsement applies to that <br /> designated additional Insured. <br /> i <br /> ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. <br /> ECP 1246 0121 Includes copyrighted material of Insurance Services Office,Inc.,used with Its permission. Page 2 of 2 <br />