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EPACE001-0415 Page | 45 <br /> <br />where the claim arose or is being defended. In addition, we may exercise our right to <br />require that such counsel: <br /> <br />a. meet certain minimum qualifications with respect t o competency, including <br />possessing a minimum of five (5) years experience in defending claims similar <br />to those asserted against the insured; <br /> <br />b. maintain suitable errors and omissions insurance coverage; and <br /> <br />c. agree, in writing, to respond in a timely manner to our requests for information <br />regarding the claim . <br /> <br /> An insured may, at any time, waive any right it may have to select independent <br />counsel. <br /> <br />13. Inspection and Audit <br />With reasonable notice to you, we shall be permitted, but not obligated, to inspect, <br />sample and monitor on a continuing basis your property, equipment and/or operations. <br />Neither our right to make inspections, sample and monitor, nor the actual undertaking <br />thereof, nor any report thereon shall constitute an undertaking, on behalf of or for the <br />benefit of you or others, to determine or warrant that such property or operations are <br />safe, healthful or conform to acceptable engineering practice or are in compliance with <br />environmental laws, or any other law, rule or regulation. Further, the first named <br />insured agrees on behalf of all insureds, to grant us both the right to interview, and <br />access to, any insured whom we reasonably believe may have relevant information <br />pertaining to any claim or pollution condition potentially covered under this Policy. <br /> <br />14. Other Insurance <br /> If other valid and collectible insurance is available for any loss subject to coverage <br />under this Policy, our obligations are limited as follows: <br /> <br />a. Primary Insurance <br />Except as provided in paragraph b. below, this insurance is primary. When this <br />insurance is primary, our obligations are not affected unless any of the other <br />insurance is also primary, in which case we will share with all other primary <br />insurance by the method described in paragraph c. below. However, in the <br />event that a written contract, written agreement or permit requires this insurance <br />to be primary for any person or organization that you agreed to insure, and <br />provided such person or organization is an insured under this Policy, this <br />insurance will be primary and we will not seek contribution from any other <br />insurance issued to such person or organization. <br /> <br />b. Excess Insurance <br />This insurance is excess over: <br /> <br />(1) Any other insurance, whether primary, excess, contingent or on any other <br />basis that is: (i) Fire, Extended Coverage, Builder’s Risk, Installation Risk or <br />similar coverage for your work; (ii) Fire insurance for premises rented to <br />you or temporarily occupied by you with permission of the owner; (iii) <br />insurance purchased by you to cover your liability as a tenant for property <br />damage to premises rented to you or temporarily occupied by you with <br />permission of the owner; or (iv) insurance applicable to loss arising out of <br />the maintenance or use of aircraft, autos or watercraft; <br /> <br />Docusign Envelope ID: 06AB3B5F-54E7-44B0-87A0-CF612E1799BB