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Page 16 of 21 HG 00 01 09 16 <br />(3)Any manager,if you or the additional <br />insured is a limited liability company; <br />(4)Any "executive officer"or insurance <br />manager,if you or the additional insured is <br />a corporation; <br />(5)Any trustee,if you or the additional <br />insured is a trust;or <br />(6)Any elected or appointed official,if you or <br />the additional insured is a political <br />subdivision or public entity. <br />This duty applies separately to you and any <br />additional insured. <br />3.Legal Action Against Us <br />No person or organization has a right under this <br />Coverage Part: <br />a.To join us as a party or otherwise bring us <br />into a "suit"asking for damages from an <br />insured;or <br />b.To sue us on this Coverage Part unless all of <br />its terms have been fully complied with. <br />A person or organization may sue us to recover <br />on an agreed settlement or on a final judgment <br />against an insured;but we will not be liable for <br />damages that are not payable under the terms of <br />this Coverage Part or that are in excess of the <br />applicable limit of insurance.An agreed <br />settlement means a settlement and release of <br />liability signed by us,the insured and the <br />claimant or the claimant's legal representative. <br />4.Other Insurance <br />If other valid and collectible insurance is <br />available to the insured for a loss we cover under <br />Coverages A or B of this Coverage Part,our <br />obligations are limited as follows: <br />a.Primary Insurance <br />This insurance is primary except when b. <br />below applies.If other insurance is also <br />primary,we will share with all that other <br />insurance by the method described in c. <br />below. <br />b.Excess Insurance <br />This insurance is excess over any of the other <br />insurance,whether primary,excess, <br />contingent or on any other basis: <br />(1)Your Work <br />That is Fire,Extended Coverage,Builder's <br />Risk,Installation Risk or similar coverage <br />for "your work"; <br />(2)Premises Rented To You <br />That is fire,lightning or explosion <br />insurance for premises rented to you or <br />temporarily occupied by you with <br />permission of the owner; <br />(3)Tenant Liability <br />That is insurance purchased by you to <br />cover your liability as a tenant for <br />"property damage"to premises rented to <br />you or temporarily occupied by you with <br />permission of the owner; <br />(4)Aircraft,Auto Or Watercraft <br />If the loss arises out of the maintenance or <br />use of aircraft,"autos"or watercraft to the <br />extent not subject to Exclusion g.of <br />Section I -Coverage A -Bodily Injury And <br />Property Damage Liability; <br />(5)Property Damage To Borrowed <br />Equipment Or Use Of Elevators <br />If the loss arises out of "property damage" <br />to borrowed equipment or the use of <br />elevators to the extent not subject to <br />Exclusion j.of Section I -Coverage A - <br />Bodily Injury And Property Damage <br />Liability; <br />(6)When You Are Added As An Additional <br />Insured To Other Insurance <br />Any other insurance available to you <br />covering liability for damages arising out <br />of the premises or operations,or products <br />and completed operations,for which you <br />have been added as an additional insured <br />by that insurance;or <br />(7)When You Add Others As An <br />Additional Insured To This Insurance <br />Any other insurance available to an <br />additional insured. <br />However,the following provisions apply to <br />other insurance available to any person or <br />organization who is an additional insured <br />under this coverage part. <br />(a)Primary Insurance When Required <br />By Contract <br />This insurance is primary if you have <br />agreed in a written contract or written <br />agreement that this insurance be <br />primary.If other insurance is also <br />primary,we will share with all that <br />other insurance by the method <br />described in c.below. <br />(b)Primary And Non-Contributory To <br />Other Insurance When Required By <br />Contract <br />If you have agreed in a written <br />contract,written agreement,or permit <br />that this insurance is primary and non- <br />contributory with the additional <br />insured's own insurance,this insurance <br />is primary and we will not seek <br />contribution from that other insurance. <br />Docusign Envelope ID: 36EEB99A-F94E-46ED-8637-EB5ACA3AB439