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Page 16 of 22 Form HG 00 01 09 16 <br />You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as <br />practicable. <br />c. Assistance And Cooperation Of The Insured <br />You and any other involved insured must: <br />(1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with <br />the claim or "suit"; <br />(2)Authorize us to obtain records and other information; <br />(3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and <br />(4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be <br />liable to the insured because of injury or damage to which this insurance may also apply. <br />d. Obligations At The Insureds Own Cost <br />No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur <br />any expense, other than for first aid, without our consent. <br />e. Additional Insureds Other Insurance <br />If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an <br />additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and <br />indemnity. <br />However, this provision does not apply to the extent that you have agreed in a written contract or written <br />agreement that this insurance is primary and non-contributory with the additional insured's own insurance. <br />f. Knowledge Of An Occurrence, Offense, Claim Or Suit <br />Paragraphs a.and b.apply to you or to any additional insured only when such "occurrence", offense, claim or <br />"suit" is known to: <br />(1)You or any additional insured that is an individual; <br />(2)Any partner, if you or the additional insured is a partnership; <br />(3)Any manager, if you or the additional insured is a limited liability company; <br />(4)Any "executive officer" or insurance manager, if you or the additional insured is a corporation; <br />(5)Any trustee, if you or the additional insured is a trust; or <br />(6)Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. <br />This duty applies separately to you and any additional insured. <br />3. Legal Action Against Us <br />No person or organization has a right under this Coverage Part: <br />a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or <br />b.To sue us on this Coverage Part unless all of its terms have been fully complied with. <br />A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; <br />but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess <br />of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the <br />insured and the claimant or the claimant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this <br />Coverage Part, our obligations are limited as follows: <br />a. Primary Insurance <br />This insurance is primary except when b.below applies. If other insurance is also primary, we will share with all <br />that other insurance by the method described in c. below. <br />b. Excess Insurance <br />This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other <br />basis: <br />(1) Your Work <br />That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; <br />(2) Premises Rented To You <br />That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with <br />permission of the owner; <br />Docusign Envelope ID: C0C02768-82C9-473A-904B-51774C892C63