|
ECP 1200 03 22 Page 28 of 37
<br />excess of, and shall not contribute with, such other insurance as to defense and/or indemnity. The insured shall
<br />promptly, upon the request of the Company, provide the Company with copies of all such policies or documentation.
<br />11. Other Insurance Issued By Us
<br />If any bodily injury, property damage, advertising injury, personal injury, loss, damages, cleanup costs, emergency
<br />remediation costs, occurrence, claim, suit, offense, and/or Supplementary Payments covered under this policy is
<br />also covered in whole or in part under any other insurance issued by us or an affiliate company, and both this policy
<br />and such other insurance cover the insured for bodily injury, property damage, advertising injury, personal injury,
<br />loss, damages, cleanup costs, emergency remediation costs, occurrence, claim, suit, offense, and/or
<br />Supplementary Payments arising out of:
<br />a.Substantially the same or related general harmful conditions, substances, pollutants or microbial substances, or
<br />repeated or continuous exposure to substantially the same or related harmful conditions, substances, pollutants or
<br />microbial substances, or
<br />b. Bodily injury, property damage, advertising injury, personal injury, loss, damages, cleanup costs, emergency
<br />remediation costs, occurrence, claim, suit, offense, and/or Supplementary Payments which extend(s) over a
<br />period of days, weeks, months or longer,
<br />then all such bodily injury, property damage, advertising injury, personal injury, loss, damages, cleanup costs,
<br />emergency remediation costs, occurrence, claim, suit, offense, and/or Supplementary Payments shall be deemed
<br />to have taken place only during the first policy period of such policies in which any of the bodily injury, property
<br />damage, advertising injury, personal injury, loss, damages, cleanup costs, emergency remediation costs,
<br />occurrence, claim, suit, offense, and/or Supplementary Payments is covered took place, and all damages arising from
<br />such bodily injury, property damage, advertising injury, personal injury, loss, damages, cleanup costs, emergency
<br />remediation costs, occurrence, claim, suit, offense, and/or Supplementary Payments shall be deemed to have arisen
<br />from one occurrence, offense, claim, or suit, and shall be subject to any remaining Each Occurrence Limit applicable
<br />to the policy for such first policy period.
<br />In no event shall we pay more for bodily injury, property damage, advertising injury, personal injury, loss, damages,
<br />cleanup costs, emergency remediation costs, occurrence, offense, claim, suit, and/or Supplementary Payments
<br />covered under this policy and all such other insurance than the limits of insurance set forth in the Declarations of this
<br />policy.
<br />12. Premium Audit
<br />a.We will compute all premiums for this policy in accordance with our rules and rates.
<br />b.Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we
<br />will compute the earned premium for that period and send notice to the first Named Insured shown in the
<br />Declarations or as amended by Endorsement. The due date for audit and retrospective premiums is the date shown
<br />as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than
<br />the earned premium, we will return the excess to the first Named Insured, subject to the minimum premium stated
<br />within the policy.
<br />c.The first Named Insured must keep records of the information we need for premium computation, and send us
<br />copies at such times as we may request.
<br />d.We may examine and audit your books and records as they relate to this policy at any time during the policy period
<br />and up to (3) three years after the end of the policy period.
<br />13. Premium Payment
<br />The first Named Insured shown in the Declarations:
<br />a.Is responsible for the payment of all premiums due; and
<br />b.Will be the payee for any return premiums we pay.
<br />14. Representations
<br />You represent that all information and statements contained in the application and submission are true, accurate and
<br />complete. All such information and statements are the basis for our issuing this policy and shall be considered as
<br />incorporated into and shall constitute part of this policy and material to its issuance. Misrepresentation of any material
<br />fact may be grounds for the rescission of this policy.
<br />By accepting this policy, you agree:
<br />a.The statements in the Declarations are accurate and complete;
<br />b.Those statements are based upon representations you made to us; and
<br />c.We have issued this policy in reliance upon your representations.
<br />15. Separation of Insureds
<br />Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first
<br />Named Insured, this insurance applies:
<br />a.As if each Named insured were the only Named insured; and
<br />b.Separately to each insured against whom a claim is made or suit is brought.
<br />Docusign Envelope ID: 266F3365-7BEF-87AC-8198-E2103A9F8B36
|