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n • ~~'. ' (F) Appear In the event that the INSURED or the INSURED'S underlying Insurer(s) elects not to appeal a Judgment In excess of the UNDERLYING LIMITS, the COMPANY may elect to conduct such appeal et Its own cast end expense and shall be liable for the taxable court costs and disbursements end Interest on Judgments Incidental thereto; provided, however, In no event shall the total Ilabillty of the COMPANY exceed Its Limits of Liability as stated In Item 5 of the Declarations, plus the cost end expense of such appeal. (G) Bankruptcy er insolvency Bankruptcy or Insolvency of the INSURED shall not relieve the COMPANY of any of Its obligations hereunder. (I-p Other insurance If other valid and collectible Insurance with any other Insurer, whether such Insurance Is Issued before, concurrent with, or after Inception of this POLICY, Is available to the INSURED covering a CLAIM also covered by this POLICY, other than Insurance that Is Issued specifically as Insurance In excess of the Insurance afforded by this POLICY, this POLICY shall be In excess of and shall not contribute with such other Insurance. Nothing herein shall be construed to make this POLICY subJect to the terms of other Insurance. p) inspection and Audit The COMPANY shall be permitted but not obligated to Inspect the NAMED INSURED'S property and operations at any time. Neither the COMPANY'S right to make Inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or far the benefit of the NAMED INSURED or others to determine or warrant that such property or operations are safe or healthful, or are In compliance with any law, rule or regulatlan. The COMPANY may examine and audit the NAMED INSURED'S books and records at any time during the POLICY PERIOD and extensions thereof and within three years after the final terminatlon of this POLICY, as far as such books and records relate to the subJect matter of this Insurance. (~) Subrogation (1) The COMPANY shall have no right of recovery against any person or organlzatlon with respect to any OCCURRENCE to the extent that the INSURED has agreed with such person or organization before the OCCURRENCE to: (a) waive Its right of recovery against such person or organlzatlon; or (b) reimburse such person or organlzatlon for the cost attributable to such person's or organlzatlon's Ilabillty for any OCCURRENCE caused In whole or In part by such person or organlzatlon. (2) Inasmuch as this POLICY Is excess Insurance the INSURED'S right of recovery against any person or organlzatlon pnnot be exclusively subrogated to the COMPANY. It Is, therefore, understood and agreed that in case of any payment hereunder, the COMPANY will act In concert with all other Interests concerned, (lncluding the INSUREDS) In the exercise of such rights of recovery. The apportioning o} any amount which may be so recovered shall follow the principle that any Interest (lncluding the INSUREDS) which has paid an amount over end above any payment hereunder, shall first be reimbursed up to the amount paid by It; the COMPANY Is then to 6e reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the Interests (lncluding the INSUREDS) of which this coverage Is In excess are entitled to claim the residue, If any. Expenses necessary to the recovery of any such amounts shall be apportioned between the Interests concerned (lncluding the INSURED'S), In the proportion of their respeetlve recoveries es finally settled. aioo cv9m [ 72 of 15 ]