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ECP 1200 03 22 Page 27 of 37
<br />behalf of or for the benefit of you or others, to determine or warrant that such property or operations are safe or in
<br />compliance with environmental law, or any other law.
<br />b.We may be permitted, but not obligated, to interview persons employed by the insured;
<br />c.The insured agrees to provide appropriate personnel to assist our representatives during any inspection.
<br />8. Legal Action Against Us
<br />No person or organization has the right under this policy:
<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 policy 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; but
<br />we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable
<br />limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the
<br />claimant or the claimant’s legal representative. For purposes of this condition, a consent judgment, stipulated judgment,
<br />agreed judgment, consent decree or consent order reached without our written agreement is neither an agreed
<br />settlement nor a final judgment.
<br />9. Limitation of Damages
<br />Our damages for extra-contractual liability, bad faith, or similar damages under this policy is limited to one (1) times the
<br />relevant policy limit applicable to the underlying matter.
<br />10. Other Insurance
<br />With respect to COVERAGES A, B and C, if other valid and collectible insurance is available to the insured for a loss
<br />we cover under COVERAGES A, B or C of this policy, our obligations are limited as follows:
<br />a. Primary Insurance
<br />This insurance is primary except when Paragraph (2) below applies. If this insurance is primary, our obligations are
<br />not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by
<br />the method described in Paragraph (3) below.
<br />b. Excess Insurance
<br />(1)This insurance is excess over:
<br />(a)Any of the other insurance, whether primary, excess, contingent or on any other basis:
<br />(i)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work;
<br />(ii)That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the
<br />owner;
<br />(iii)That is insurance purchased by you to cover your liability as a tenant for property damage to premises
<br />rented to you or temporarily occupied by you with permission of the owner; or
<br />(iv)If the loss arises out of the maintenance or use of aircraft, unmanned aircraft, autos or watercraft to
<br />the extent not subject to Exclusion a. of SECTION I – COVERAGE A – BODILY INJURY AND
<br />PROPERTY DAMAGE LIABILITY.
<br />(b)Any other primary insurance available to you covering liability for damages arising out of the premises or
<br />operations, or the products and completed operations, for which you are an additional insured.
<br />(2)When this insurance is excess, we will have no duty under this policy to defend the insured against any suit,
<br />if any other insurer has a duty to defend the insured against that suit. If no other insurer defends, we will
<br />undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.
<br />(3)When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if
<br />any, that exceeds:
<br />(a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
<br />(b)The total of all deductibles and self-insured amounts under all that other insurance.
<br />(4)We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance
<br />provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations
<br />of this policy.
<br />c. Method Of Sharing
<br />If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach
<br />each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,
<br />whichever comes first.
<br />If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this
<br />method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable Limits
<br />of Insurance of all insurers.
<br />With respect to COVERAGES D and E, if other valid and collectible insurance is available to any insured covering
<br />bodily injury, property damage, loss, cleanup costs, emergency remediation costs, claim(s), suit(s), damages
<br />and/or Supplementary Payments, including but not limited to defense costs, also covered by this policy, other than a
<br />policy that is specifically written to apply in excess of this policy, the insurance afforded by this policy shall apply in
<br />Docusign Envelope ID: 266F3365-7BEF-87AC-8198-E2103A9F8B36
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