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2. If the insured has rights to recover all or part of any payment we have made under this policy, those <br />rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the <br />insured will bring "suit" or transfer those rights to us and help us enforce them. <br />However, if the insured has waived those rights to recover through a written contract or if "your work" <br />was commenced under a letter of intent or work order, subject to a subsequent reduction to writing <br />with customers whose customary contracts require a waiver, we waive any rights of recovery we may <br />have under this policy. <br />As respects any loss, the waiver of the rights to recover as required by a written contract or under a <br />letter of intent is only permitted by us under this endorsement if the contract or letter of intent was <br />executed prior to the loss and the contract or letter of intent was in effect at the time of the loss. <br />B. Conflict of Provisions <br />Section III. is amended to include the following: <br />When not in conflict with the provisions of this endorsement, all of the conditions of the policy to which <br />this endorsement is attached shall apply. <br />C. Other Insurance <br />Section III. H. is amended to include the following: <br />The coverage provided under this endorsement will be excess over any other insurance or agreement <br />covering the same loss or damage, whether you can collect on it or not. But we will not pay more than the <br />applicable limit of insurance provided under this endorsement. <br />Page 24 of 24 Includes Copyrighted Material of the Insurance Services Office, Inc. BP990102 0522 <br />Used with permission <br />ATTY/AGR.2026.027/Azasa Inc. (875 Middlefield Rd) (Page 41 of 51) <br />