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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
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