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UMBRELLA LIABILITY PROVISIONS <br />Form SX 80 02 04 05 Page 7 of 14 <br />liability at least as high as set forth in the <br />Extension Schedule of Underlying <br />Insurance Policies, subject to all the <br />limitations upon coverage and all other <br />policy terms and conditions of such <br />"underlying insurance" and this policy. <br />2.Any person or organization with whom you <br />agreed, because of a written contract, written <br />agreement or because of a permit issued by a <br />state or political subdivision, to provide <br />insurance such as is afforded under this policy, <br />but only with respect to your operations, "your <br />work" or facilities owned or used by you. <br />This provision does not apply: <br />a. Unless the written contract or written <br />agreement has been executed, or the permit <br />has been issued, prior to the "bodily injury," <br />"property damage," or "personal and <br />advertising injury"; and <br />b.Unless the limits of liability specified in such <br />written contract, written agreement or permit <br />are greater than the limits of liability <br />provided by the "underlying insurance". <br />c. Beyond the period of time required by the <br />written contract, written agreement or <br />permit. <br />3.Any person or organization having proper <br />temporary custody of your property if you die, <br />but only: <br />a.With respect to liability arising out of the <br />maintenance or use of that property; and <br />b.Until your legal representative has been <br />appointed <br />4.Your legal representative if you die, but only <br />with respect to his or her duties as such. That <br />representative will have all your rights and <br />duties under this policy. <br />C.With respect to any "auto", any "insured" in the <br />"underlying insurance" is an "insured" under this <br />insurance policy, subject to all the limitations of such <br />"underlying insurance". <br />D.With respect to "mobile equipment" registered in your <br />name under any motor vehicle registration law, any <br />person is an "insured" while driving such equipment <br />along a public highway with your permission. Any <br />other person or organization responsible for the <br />conductofsuchpersonisalsoan"insured",butonly <br />with respect to liability arising out of the operation of <br />the equipment, and only if no other insurance of any <br />kind is available to that person or organization for this <br />liability. However, no person or organization is an <br />"insured" with respect to: <br />1."Bodily injury" to a co-"employee" of the person <br />driving the equipment; or <br />2."Property damage" to property owned by, rented <br />to, in the charge of or occupied by you or the <br />employer of any person who is an "insured" <br />under this provision. <br />E.Any organization you newly acquire or form, other <br />than a partnership, joint venture or limited liability <br />company, and over which you maintain financial <br />interest of more than 50% of the voting stock, will <br />qualify as an "insured" if there is no other similar <br />insurance available to that organization. <br />However: <br />1.Coverage under this provision is afforded only <br />until the 180th day after you acquire or form the <br />organization or the end of the "policy period", <br />whichever is earlier; <br />2.This insurance does not apply to "bodily injury" <br />or "property damage" that occurred before you <br />acquired or formed the organization; and <br />3.This insurance does not apply to "personal and <br />advertising injury" arising out of an offense <br />committed before you acquired or formed the <br />organization. <br />F.Each person or organization, not included as an <br />"insured" in Paragraphs A., B., C., D.,or E., who is <br />an "insured" in the "underlying insurance" is an <br />"insured" under this insurance subject to all the <br />terms, conditions and limitations of such "underlying <br />insurance". <br />No person or organization is an "insured" with <br />respect to the conduct of any current or past <br />partnership, joint venture or limited liability company <br />that is not shown as a Named Insured in the <br />Declarations. <br />With respect to any person or organization who is <br />not an "insured" under "underlying insurance", <br />coverage under this policy shall apply only to loss in <br />excess of the amount of the "underlying insurance" <br />or "self-insured retention" applicable to you. <br />However, coverage afforded by reason of the provisions <br />set forth above applies only to the extent: <br />(i) Of the scope of coverage provided by the <br />"underlying insurance" but in no event shall <br />coverage be broader than the scope of coverage <br />provided by this policy and any endorsements <br />attached hereto; and <br />(ii) That such coverage provided by the "underlying <br />insurance" is maintained having limits as set forth in <br />the Extension Schedule of Underlying Insurance <br />Policies. <br />Docusign Envelope ID: 016C7FF8-5EB3-4D21-A006-0A8906E60E75