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CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 18 <br /> (2) Authorize us to obtain records and other <br />information; <br /> (3) Cooperate with us in the investigation or <br />settlement of the claim or defense against <br />the "suit"; and <br /> (4) Assist us, upon our request, in the <br />enforcement of any right against any <br />person or organization which may be liable <br />to the insured because of injury or damage <br />to which this insurance may also apply. <br /> d. No insured will, except at that insured's own <br />cost, voluntarily make a payment, assume any <br />obligation, or incur any expense, other than for <br />first aid, without our consent. <br /> 4. Legal Action Against Us <br />No person or organization has a right under this <br />Coverage Part: <br /> a. To join us as a party or otherwise bring us into <br />a "suit" asking for damages from an insured; or <br /> b. To sue us on this Coverage Part unless all of <br />its terms have been fully complied with. <br />A person or organization may sue us to recover on <br />an agreed settlement or on a final judgment <br />against an insured; but we will not be liable for <br />damages that are not payable under the terms of <br />this Coverage Part or that are in excess of the <br />applicable limit of insurance. An agreed settlement <br />means a settlement and release of liability signed <br />by us, the insured and the claimant or the <br />claimant's legal representative. <br /> 5. Other Insurance <br /> a. This insurance is excess over, and shall not <br />contribute with any of the other insurance, <br />whether primary, excess, contingent or on any <br />other basis. This condition will not apply to <br />insurance specifically written as excess over <br />this Coverage Part. <br />When this insurance is excess, we will have no <br />duty under Coverages A or B to defend the <br />insured against any "suit" if any other insurer <br />has a duty to defend the insured against that <br />"suit". If no other insurer defends, we will <br />undertake to do so, but we will be entitled to <br />the insured's rights against all those other <br />insurers. <br /> b. When this insurance is excess over other <br />insurance, we will pay only our share of the <br />"ultimate net loss" that exceeds the sum of: <br /> (1) The total amount that all such other <br />insurance would pay for the loss in the <br />absence of the insurance provided under <br />this Coverage Part; and <br /> (2) The total of all deductible and self-insured <br />amounts under all that other insurance. <br /> 6. Premium Audit <br /> a. We will compute all premiums for this <br />Coverage Part in accordance with our rules <br />and rates. <br />b.Premium shown in this Coverage Part as <br />advance premium is a deposit premium only. <br />At the close of each audit period we will <br />compute the earned premium for that period <br />and send notice to the first Named Insured. <br />The due date for audit and retrospective <br />premiums is the date shown as the due date <br />on the bill. If the sum of the advance and audit <br />premiums paid for the policy period is greater <br />than the earned premium, we will return the <br />excess to the first Named Insured. <br /> c. The first Named Insured must keep records of <br />the information we need for premium <br />computation, and send us copies at such times <br />as we may request. <br /> 7. Representations Or Fraud <br />By accepting this policy, you agree: <br /> a. The statements in the Declarations are <br />accurate and complete; <br /> b. Those statements are based upon <br />representations you made to us; <br /> c. We have issued this policy in reliance upon <br />your representations; and <br /> d. This policy is void in any case of fraud by you <br />as it relates to this policy or any claim under <br />this policy. <br /> 8. Separation Of Insureds <br />Except with respect to the Limits of Insurance, and <br />any rights or duties specifically assigned in this <br />Coverage Part to the first Named Insured, this <br />insurance applies: <br /> a. As if each Named Insured were the only <br />Named Insured; and <br /> b. Separately to each insured against whom claim <br />is made or "suit" is brought. <br /> 9. Transfer Of Rights Of Recovery Against Others <br />To Us <br />If the insured has rights to recover all or part of <br />any payment we have made under this Coverage <br />Part, those rights are transferred to us. The <br />insured must do nothing after loss to impair them. <br />At our request, the insured will bring "suit" or <br />transfer those rights to us and help us enforce <br />them. <br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630