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ENDORSEMENT NO. U-1,0 <br />PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT <br />GENERAL LIABILITY 2 <br />AMENDATORY ENDORSEMENT-PRIMARY/NON-CONTRIBUTORY <br />It is understood and agreed that Condition 6. OTHER COVERAGE and Endorsement U-10 of <br />the Memorandum to which it is attached, is deleted in its entirety and replaced by the following: <br />6. OTHER COVERAGE <br />If collectible insurance with an insurer is available to the covered party covering a loss also <br />covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder <br />shall be in excess of, and shall not contribute with, such insurance; provided that this clause <br />does not apply with respect to excess insurance purchased specifically to be in excess of this <br />Memorandum, or to insurance or reinsurance which is intended to provide the remainder of the <br />limit of liability stated in the Declarations of this Memorandum when the coverage afforded under <br />this Memorandum provides less than 100 percent of the limit set forth in the Declarations. <br />However, if the covered party has entered into a written agreement, prior to any loss event, in <br />which it is agreed that this coverage shall be primary and/or non-contributory with respect to an <br />additional covered party as specified in Endorsement U-1 of this Memorandum, then this <br />coverage shall respond as primary and/or non-contributory, but shall be limited to the lesser of <br />the limits stated on the Certificate of Coverage or the minimum limits required by the written <br />agreement. <br />If other valid and collectible coverage through any insurer or other pooling arrangement affords <br />primary coverage for the Member for a loss also covered by the Member's self-insured retention <br />and this Memorandum, such other valid and collectible coverage shall apply in lieu of the <br />Member's self-insured retention. <br />Notwithstanding the foregoing paragraph, if coverage for a claim or suit is available under this <br />Memorandum and a memorandum of coverage issued in connection with PRISM's Medical <br />Malpractice Program, this Memorandum shall afford primary coverage only where the gravamen <br />of the claim or suit involves liability covered hereunder. PRISM staff will preliminarily assess the <br />gravamen of the claim or suit and refer it to the committee responsible for the coverage <br />believed to be applicable under this paragraph. Where that committee disputes PRISM's <br />assessment of the gravamen of the claim or suit and rejects primary coverage, PRISM will <br />thereafter refer the claim or suit to the committee responsible for the other applicable coverage. <br />If that committee also rejects the primary coverage responsibility, the Executive Committee will <br />determine which of PRISM's coverages is primary under this paragraph. <br />If the Member disputes the acceptance of primary coverage by a committee of PRISM <br />responsible for the coverage, the Member may appeal that decision to the Executive Committee. <br />Appeal must be requested within 60 days of the coverage acceptance by PRISM. <br />If the Member is not satisfied with the outcome of the Executive Committee appeal or the <br />determination by the Executive Committee as to which of PRISM's coverages is primary <br />