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SSI GL 01 01 0123 Page 21 of 29 <br />(2) Per Claim Basis: <br /> If the Self-Insured Retention is on a “per <br />claim” basis, the Self-Insured Retention <br />amount applies separately to the damages, <br />“claim expense”, “defense costs” and any <br />other SUPPLEMENTARY PAYMENTS – <br />COVERAGES A AND B, made in <br />connection any “bodily injury”, “property <br />damage” or personal and advertising injury” <br />sustained by or claimed by any one person or <br />organization, regardless of how many <br />persons, organizations, or projects may be <br />included in any “suit”. The Self-Insured <br />Retention applies per-claimant (person or <br />organization), or per-structure implicated in <br />any “suit”, whichever is greater. <br /> <br /> <br />V. COMMERCIAL GENERAL LIABILITY <br />CONDITIONS <br /> <br />1. Bankruptcy <br /> Bankruptcy or insolvency of the insured or of the <br />insured’s estate will not relieve us of our obligations <br />under this policy. <br /> <br />2. Duties in the Event of Occurrence, Claim, or Suit <br />a. You must see to it that we are notified of an <br />“occurrence” or an offense or event which may <br />result in a “claim” as soon as practicable but in no <br />event later than thirty (30) calendar days after any <br />insured first becomes aware of such “occurrence”, <br />offense, or event. To the extent possible, notice <br />should include: <br />(1) How, when and where the “occurrence”, <br />offence, or event took place; <br />(2) the names and addresses of any injured <br />persons and witnesses; and <br />(3) the nature and location of any injury or <br />damage arising out of the “occurrence”, <br />offense, or event. <br /> <br />b. If a “claim” is made or “suit” is brought against <br />any insured, you must: <br />(1) immediately record the specifics of the <br />“claim” or “suit” and the date received; and <br />(2) notify us as soon as practicable but in no <br />event later than thirty (30) calendar days after <br />your first knowledge of such “claim” or <br />“suit”. <br /> <br />c. You and any other involved insured must: <br />(1) immediately send us copies of any demands, <br />notices, summonses or legal papers received <br />in connection with the “claim” or “suit”; <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 person <br />or organization, including any other <br />insurance carrier, surety, or bonding <br />company, which may be liable to the insured <br />because of injury or damage to which this <br />insurance may also apply. <br /> <br />d. Irrespective of reasons, excuses, justification, or <br />prejudice to us: <br />(1) We will not be liable for any cost, payment, <br />expense (including legal expense) or <br />obligation assumed or incurred by an insured <br />or anyone acting for or on behalf of an <br />insured, without our express consent, other <br />than first aid; and <br />(2) We will have no liability for any default <br />judgment entered against any insured, nor for <br />any judgment or settlement or determination <br />of liability rendered or entered before notice <br />to us giving us a reasonable time in which to <br />protect our and the insured’s interests. <br /> <br />e. Notice given by or on behalf of the insured, or <br />written notice by or on behalf of the injured <br />person or any other claimant, to any agent of ours, <br />with particulars sufficient to identify the Named <br />Insured, shall be considered to be notice to us. <br /> <br />3. Legal Action Against Us <br />No person or organization has a right under this policy: <br />a. to join us as a party or otherwise bring us into a <br />“suit” asking for “damages” from an insured; or <br /> <br />b. to sue us on this policy unless all of its terms have <br />been fully complied with. <br /> <br />A person or organization may sue us to recover on an <br />agreed settlement or on a final judgment against an <br />insured; but we will not be liable for “damages” that <br />are not payable under the terms of this policy or that <br />are in excess of the applicable limit of insurance. An <br />agreed settlement means a settlement and release of <br />liability signed by us, the insured, and the claimant or <br />the claimant’s legal representative. <br /> <br />4. Other Insurance <br />a. This insurance shall be in excess of any other <br />valid and collectible insurance available to the <br />insured whether such other insurance is stated to <br />be primary, contributory, excess, contingent or <br />otherwise, unless such other insurance is written <br />specifically to apply in excess of this particular <br />policy. This insurance will apply only after all <br />other insurance available to the insured has been <br />Docusign Envelope ID: C32ED128-E8C0-4517-B42B-471D21968944