2016-325-E Health - The NC Public Health Foundation for smoking cessation counseling

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DocuSign Envelope ID:91 F43AFA-8CB4-4861-887A-F304C7A6614B SECTION IV—COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of CONDITIONS its terms have been fully complied with. 1. Bankruptcy A person or organization may sue us to recover on Bankruptcy or insolvency of the insured or of the an agreed settlement or on a final judgment insured's estate will not relieve us of our obliga against an insured obtained after an actual trial; tions under this Coverage Part. but we will not be liable for damages that are not payable under the terms of this Coverage Part or 2. Duties In The Event Of Occurrence, Offense, that are in excess of the applicable limit of insur- Claim Or Suit ance. An agreed settlement means a settlement a. You must see to it that we are notified as soon and release of liability signed by us, the insured as practicable of an "occurrence"or an offense and the claimant or the claimant's legal represen- which may result in a claim. To the extent pos- tative. sible, notice should include: 4. Other Insurance (1) How, when and where the "occurrence" or If other valid and collectible insurance is available offense took place; to the insured for a loss we cover under Cover- (2) The names and addresses of any injured ages A or B of this Coverage Part, our obligations persons and witnesses; and are limited as follows: (3) The nature and location of any injury or a. Primary Insurance damage arising out of the "occurrence" or This insurance is primary except when b. below offense. applies. If this insurance is primary, our obliga- b. If a claim is made or "suit" is brought against tions are not affected unless any of the other any insured,you must: insurance is also primary. Then, we will share (1) Immediately record the specifics of the with all that other insurance by the method de- claim or"suit"and the date received; and scribed in c. below. (2) Notify us as soon as practicable. b. Excess Insurance You must see to it that we receive written no This insurance is excess over: tice of the claim or "suit" as soon as practica- (1) Any of the other insurance, whether pri- ble. mary, excess, contingent or on any other c. You and any other involved insured must: basis: (1) Immediately send us copies of any de- (a) That is Fire, Extended Coverage, mands, notices, summonses or legal pa Builder's Risk, Installation Risk or similar pers received in connection with the claim coverage for your work"; or"suit"; (b) That is Fire insurance for premises (2) Authorize us to obtain records and other rented to you or temporarily occupied by information; you with permission of the owner; (3) Cooperate with us in the investigation or (c) That is insurance purchased by you to settlement of the claim or defense against cover your liability as a tenant for "prop the"suit"; and erty damage" to premises rented to you or temporarily occupied by you with (4) Assist us, upon our request, in the en- permission of the owner; or forcement of any right against any person or organization which may be liable to the in- (d) If the loss arises out of the maintenance sured because of injury or damage to which or use of aircraft, "autos"or watercraft to this insurance may also apply. the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury d. No insured will, except at that insured's own And Property Damage Liability. cost, voluntarily make a payment, assume any (2) Any other primary insurance available to obligation, or incur any expense, other than for you covering liability for damages arising first aid,without our consent. out of the premises or operations for which 3. Legal Action Against Us you have been added as an additional in- No person or organization has a right under this sured by attachment of an endorsement. Coverage Part: a. To join us as a party or otherwise bring us into a"suit"asking for damages from an insured; or CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 9 of 13 ❑