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(3) The nature and location of any injury or 4. Other Insurance damage arising out of the "occurrence" or If other valid and collectible insurance is available offense. to the insured for a loss we cover under Cover - b. If a claim is made or "suit" is brought against ages A or B of this Coverage Part, our obligations any insured, you must: limited as follows: (1) Immediately record the specifics of the a. P °mary Insurance claim or "suit" and the date received; and L.� his insurance is primary except when Para - (2) Notify us as soon as practicable. graph b. below applies. If this insurance is pri- You must see to it that we receive written no- mary, our obligations are not affected unless lice of the claim or "suit" as soon as practica- any of the other insurance is also primary. ble Then, we will share with all that other insur- ance by the method described in Paragraph c. C. You and any other involved insured must: below. (1) Immediately send us copies of any de- b. Excess Insurance mends, notices, summonses or legal pa- pers received in connection with the claim (1) This insurance is excess over: or "suit"; (a) Any of the other insurance, whether (2) Authorize us to obtain records and other primary, excess, contingent or on any information; other basis: (3) Cooperate with us in the Investigation or (1) That is Fire, Extended Coverage, settlement of the claim or defense against Builder's Risk, Installation Risk or the "suit "; and similar coverage for "your work "; (4) Assist us, upon our request, in the en- (ii) That is Fire insurance for premises forcement of any right against any person rented to you or temporarily occu- or organization which may be liable to the pled by you with permission of the Insured because of injury or damage to owner; which this insurance may also apply. (Iii) That is Insurance purchased by you d. No insured will, except at that insured's own to cover your liability as a tenant for cost, voluntarily make a payment, assume any "property damage" to premises obligation, or incur any expense, other than for rented to you or temporarily occu- first aid, without our consent. pied by you with permission of the 3. Legal Action Against Us owner; or (iv) If the loss arises out of the mainte- No person or organization has a right under this nance. or use of aircraft, "autos" or Coverage Part: watercraft to the extent not subject to a. To join us as a party or otherwise bring us into Exclusion g. of Section I — Coverage a "suit" asking for damages from an insured; or A — Bodily Injury And Property Dam - b. To sue us on this Coverage Part unless all of age Liability. its terms have been fully complied with. (b) Any other primary insurance available to A person or organization may sue us to recover on you covering liability for damages aris- an agreed settlement or on a final judgment ing out of the premises or operations, or against an insured; but we will not be liable for the products and completed operations, damages that are not payable under the terms of for which you have been added as an this Coverage Part or that are in excess of the ap- additional insured by attachment of an plicable limit of Insurance. An agreed settlement endorsement, means a settlement and release of liability signed (2) When this insurance is excess, we will have by us, the insured and the claimant or the claim- no duty under Coverages A or B to defend ant's legal representative. the insured against any "suit' it any other insurer has a duty to defend the insured against that "suit ". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. APPROVED AS TO FOAM LISA E_ S'i JRCK CG 00 01 12 07 0 ISO Properties, Inc., 2006 Assistant City Attorney age 11 of 16 ❑