# THE CHUBB COMMERCIAL EXCESS - NEW YORK

**Conditions (continued)**

Additionally, it is a requirement of this policy that:

1. the insured not make any admission of liability; and
2. the insured not, unless we agree, incur any expense or make any payment or other than for first aid. Any such unauthorized expenses will be at the insured's own cost.

**First Named Insured**

The person or organization first named in Item 1 of the Declarations is primarily responsible for the payment of all premiums. The first named insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation and the receiving of any return premiums that become payable.

**Inspection**

We have the right, but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful, or that they comply with laws, regulations, codes or standards.

**Maintenance of Underlying Insurance**

While this policy is in effect, you agree to maintain underlying insurance in full force. This means that:

1. underlying insurance may not be cancelled or not renewed by either you or the insurance company without notifying us;
2. renewals or replacements will not be more restrictive in coverage;
3. terms, conditions and endorsements of underlying insurance will not materially change;
4. collectibility of underlying insurance as stated in Item 6 of the Declarations or replacements thereof must be available to you regardless of the bankruptcy or insolvency of the underlying insurers; and
5. limits of underlying insurance will not change except for any reduction in the aggregate limits of insurance by payment of loss for injury or offense happening during the Policy Period of this policy.

Your failure and/or your underlying insurer’s failure to comply with this condition will not invalidate this policy but in the event of such failure, we will only be liable to the same extent as if there had been compliance with this condition.