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SSI GL 01 01 0123 Page 23 of 29
<br />7. Separation of Insureds
<br />Except with respect to the Limits of Liability,
<br />application of separate applicable Self-Insured
<br />Retention(s), and any rights or duties specifically
<br />assigned to the first Named Insured, this insurance
<br />applies:
<br />a. as if each Named Insured were the only Named
<br />Insured; and
<br />
<br />b. separately to each insured against whom “claim”
<br />is made or “suit” is brought.
<br />
<br />8. Transfer of Rights of Recovery Against Others to
<br />Us
<br />If the insured has rights to recover all or part of any
<br />payment we have made under this policy, those rights
<br />are transferred to us. The insured must do nothing
<br />after loss to impair them. At our request, the insured
<br />will bring “suit” or transfer those rights to us and help
<br />us enforce them.
<br />
<br />9. Changes
<br />This policy’s terms shall not be waived or changed
<br />except by written endorsement issued by us and made
<br />a part of this policy. This policy constitutes the entire
<br />agreement between the insured and us, including any
<br />of our agents relating to this insurance.
<br />Notwithstanding this condition, a Named Insured may
<br />at any time buy back certain of the exclusions and/or
<br />endorsements contained in this policy. A list of the
<br />exclusions and endorsements that a named insured
<br />may buy back is available upon request.
<br />
<br />10. Examination of Your Books and Records
<br />We may examine and audit your books and records as
<br />they relate to this policy at any time during the policy
<br />period and up to three (3) years thereafter.
<br />
<br />11. Inspections and Surveys
<br />a. We have the right to:
<br />(1) Make inspections and surveys at any time;
<br />(2) Give you reports on the conditions we find;
<br />and
<br />(3) Recommend changes.
<br />
<br />b. We are not obligated to make any inspections,
<br />surveys, reports or recommendations and any
<br />such actions we do undertake relate only to
<br />insurability and the premiums to be charged. We
<br />do not make safety inspections. We do not
<br />undertake to perform the duty of any person or
<br />organization to provide for the health or safety of
<br />workers or the public, and we do not warrant that
<br />conditions:
<br />(1) Are safe or healthful; or
<br />(2) Comply with laws, regulations, codes or
<br />standards.
<br />
<br />Paragraphs a. and b. of this Condition apply not only
<br />to us, but also to any rating, advisory, rate service or
<br />similar organization that makes insurance inspections,
<br />surveys, reports or recommendations.
<br />
<br />Paragraph b. of this Condition does not apply to any
<br />inspections surveys, reports or recommendations we
<br />may make relative to certification, under state or
<br />municipal statutes, ordinances or regulations, of
<br />boilers, pressure vessels or elevators.
<br />
<br />12. Premiums
<br />The first Named Insured shown in the Declarations:
<br />a. is responsible for the payment of all premiums;
<br />and
<br />
<br />b. will be the payee for any return premiums we pay.
<br />
<br />13. Assistance and Cooperation of the Insured
<br />The insured shall cooperate with the Company and,
<br />upon the Company’s request, shall submit to
<br />examination(s) and interrogation by a representative
<br />of the Company under oath if requested, as frequently
<br />as may reasonably be required, outside the presence of
<br />any other insured, and shall sign the transcript of any
<br />of such examination(s) or interrogation, and shall
<br />attend hearings, depositions and trials, and shall assist
<br />in effecting settlement, securing and giving evidence,
<br />obtaining the attendance of witnesses, and in the
<br />conduct of “suits”, as well as in the giving of a written
<br />statement or statements to the Company’s
<br />representatives and meeting with such representatives
<br />for the purpose of investigation and/or defense, all
<br />without charge to the Company. The insured shall
<br />further cooperate with the Company and do whatever
<br />is necessary to secure and effect any rights of
<br />indemnity, contribution, or apportionment, which the
<br />insured or we may have. The insured
<br />shall promptly provide to us all documents, materials,
<br />and information reasonably requested by us in
<br />connection with any of the foregoing, and in
<br />connection with any prior losses, business activities,
<br />profits, liabilities, assets, claims, demands, suits, and
<br />related matters.
<br />
<br />14. Selection of Counsel
<br />When we have the duty to defend any “suit” against
<br />the insured, we expressly retain the right to select
<br />defense counsel even if we reserve our rights
<br />concerning the applicability of coverage under this
<br />policy. In the event that we agree to the retention of
<br />defense counsel of the insured’s choosing, our
<br />obligation to pay for such defense shall be limited to
<br />“reasonable fees” and reasonable expenses. For
<br />purposes of this provision, “reasonable fees” means
<br />fees calculated at the rate we would pay counsel
<br />selected by us.
<br />
<br />Docusign Envelope ID: C32ED128-E8C0-4517-B42B-471D21968944
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