# NEW YORK AMENDATORY ENDORSEMENT

## Excess Liability Policy

### Insuring Agreement 1.
Coverage is amended to read as follows:

To pay on behalf of the Insured such loss as would have been payable under all of the terms of the liability coverages afforded by the underlying policies listed in Item 5 of the Declarations if the limits of liability stated in Item 4 of the Declarations were available under the underlying policies in addition to the limits of liability stated in Item 5 of the Declarations (hereinafter called the "underlying limits"); provided the Company's obligation hereunder shall apply only to loss in excess of such underlying limits.

### Condition 2.
Notice of Occurrence is amended to read:

In the event of an occurrence or loss which appears likely to involve this policy, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable; provided that failure to give such notice shall not invalidate any claim made by the Insured if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that such notice was given as soon as reasonably possible.

### Condition 8.
Action Against Company is amended to read:

No action shall lie against the Company unless, as a condition precedent thereto, the Insured shall have fully complied with all the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgement against the Insured or by written agreement of the Insured, the claimant and the Company.

### 4.
It is hereby understood and agreed that, notwithstanding anything in this policy to the contrary, with respect to such insurance as is afforded by this policy, the terms of this policy as respects coverage for operations in the State of New York shall conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Insurance Department; provided, however, that the Company's limit of liability as stated in this policy shall be excess of the limits of liability of any underlying insurance or self-insurance as stated in the Declarations or in any endorsement attached hereto.

**ENDORSEMENT NO. 5**

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