# Following Form Excess Liability Policy

There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy, the words "you" and "your" refer to the Named Insured. The words "we", "us" and "our" refer to the company providing this insurance.

The word "insured(s)" means any person(s) or organization(s) qualifying as such in the Controlling Underlying Policy shown in Item 6.A. of the Declarations, but only to the extent and within the scope for which such "insureds" qualify for coverage in the Controlling Underlying Policy.

Words and phrases that are printed in bold-face type are defined in this policy. These definitions are found in SECTION VI. DEFINITIONS of this policy or in the specific policy provision where they appear.

In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy, we agree with you to provide coverage as follows:

## Insuring Agreements

### SECTION I. COVERAGE

A. We will pay on behalf of the insured the sums in excess of the Total Limits Of All Underlying insurance shown in Item 6.B. of the Declarations that the insured becomes legally obligated to pay as damages.

B. This insurance applies only to damages covered by the Controlling Underlying Policy as shown in Item 6.A. of the Declarations. Except as otherwise provided by this policy, the coverage follows the definitions, terms, conditions, limitations, and exclusions of the Controlling Underlying Policy in effect at the inception of this policy.

C. Notwithstanding anything to the contrary contained in Paragraphs A. and B. above, if the Controlling Underlying Policy does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss, then this policy does not apply to such damages.

D. The amount we will pay is limited as described in SECTION II. LIMITS OF INSURANCE.

### SECTION II. LIMITS OF INSURANCE

A. The Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of:
1. Insureds;
2. Claims made or suits brought; or
3. Persons or organizations making claims or bringing suits.

B. The Limits of Insurance of this policy will apply as follows:
1. This policy applies only in excess of the Total Limits Of All Underlying Insurance shown in Item 6.B. of the Declarations.
2. If our Limits of Insurance shown in Item 4. of the Declarations are less than the total Limits of Insurance shown in Item 4., the limits of our liability will be that proportion of the loss which our Limits of Insurance bear to the total Limits of Insurance in Item 4., and which is in excess of the Total Limits Of All Underlying Insurance as shown in Item 6.B. of the Declarations.
3. Subject to Paragraph B.2. above, the Other Aggregate Limit shown in Item 4.B. of the Declarations is the most we will pay for all loss to which this policy applies, except for loss covered under the products/completed operations hazard, that is subject to an aggregate limit provided by the Controlling Underlying Policy. The Other Aggregate Limit applies separately and in the same manner as the aggregate limits provided by the Controlling Underlying Policy.
4. Subject to Paragraph B.2. above, the limit shown in Item 4.C. of the Declarations for the Products/Completed Operations Aggregate is the most we will pay for all loss to which this policy applies under the products/

Includes copyrighted material of Insurance Services Office, Inc., with its permission.
U-EXS-100-C CW (01/12)
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