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..underground property damage hazard" includes underground property damage as of gradin land. paving. excavating. draieng, borrowing. filling back filling or pile defined herein and property damage to any other property at any time resulting driving he underground properly damage hazard does not include property dam• therefrom "Underground property damage" means property damage to wires. age 11) arising out of operations performed for the muted insured by independent conduits, pipes, mains sewers tanks, tunnels any similar property, and any contractors. or (2) included within the Completed operations hazard, or (3) for apparatus in connei therewith. beneath the surface of the ground or water which liability is assumed by the insured under an incidental contract caused by and occult rig durinp the us► of mechanical equipment for the purpose SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability (a) all expenses incurred by the company, all costs taxed against the insured in any suit deferded by the company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company s ,ability thereon Ibl premiums on appeal bonds required in any such suit premiums on bonds to release attachments fin any such suit for an amount no' in excess or the applicable limit of liability of this poky and the cost of bail bonds required of the insured because of accident or trafr,c law violation arising cil c' the use of any vehicle to which this pokey apples not to exceed $250 per bail bond. but the company shall have no obliga!on to apply for or furnish any such bonds. Icl expenses incurred by the insured for first aid to others at the time of an acch dent 'nr bodily injury to which this policy applies lid, reasonable expenses incurred by the insisted at the company's request in assisting the company in the investigation or defense of any claim or suit including actual loss cf earnings not to exceed $25 per day CONDITIONS 1. Premium: All premiums for this policy shall be computed in accordance with the company's rules, rates rating plans prem-umti and minimum prom —, applr cable to the insurance afforded heiehn Premium designated in this policy as advance premium is a r!rposrj premium only which shall be credited to the amount of trio earned pr.mlum due at the end of the policy period At the close of each period 'or par; thereof terminating with the end of the policy period! designated in the declarations as the audit period the earned premium shall be computed for such period and upon notice thereof to the named Insetted, shall become due and payable if the total earned premium for the policy period is less than the premium previously paid the company shall return to the named insured the unearned portion paid by the named insured. The named Infurto shall maintain records of such information as is necessa.l for premium computation. and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct 2. lespeetien and Audit: The company shall be permitted but not obligated to inspect this, lommod losured's property and operations at my time. Neither the company's right to make inspections nor the making thereof nor any repot there on shall constitute on undertaking, on behalf of or for the benefit of the named iuourd or others, to determine or warrant that such property or operations are safe of healthful, or are in compliance with any law, rue or regulation The company may examine dnd audi! the named nnserfed's books and records at any time during the policy period and extensions thereof and within three year, rer the final terminahor of th.,policy as far as they relate to the subject' ter of this msurance 31. faaneal Responsibility laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the piovision. of sure law to the extent of the coverage and limits of Lability required by such law The Insured agrees to reimburse the company for any payment made by the cc — party which it would not have been obligated to make under the teims of 1 policy except for the agreement rontaired in this paragfach a Insured's Julies in the Event of Occurrence Claim of Suit tor) In i:ir event of ,n occurrence «rotten notice containing particulars suffu ten, to identify the insured and a so reasonabiy obtainable information with respec t to the time place and circumsfanres thereof and the names and addresses of the injured and of available witnesses, shall be Kiven by of for the insured to the company or any of its authorized agents as soon as practicable gib) If claim is made or suit I; brought against the Insetted, the insured shall rm mediately forward to the company every demand notice, summons or other prove•,•, rere,,rd by him or i,% reoiesentative ill The istu►ed shall cooperate with the company and. upon !roe company s reauert. assist in making settlements in the conduct of suits and fin enforcing any fight of contribution or Indemnity against any person of organization who may be liable to the iswted because of injury or damage with respect to which ms.ifsri Is afforded under this policy. and the Interest shall attend hearings am trials and assist in securing and giving evidence and obtaining the attendance of witnesses The intoned shall nut excrpf at his own cost, voluntarily make any payment assume any obligation or ircur arty expense other than for first aid to others at the time of accident S Action Against Company No action shall Ire against the company unless as a condition precedent there!0, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insered's obligation to pay shall have been finally determine.0 either by judgment against the losured after actual trial or by written agreement of the osund, the claimant and the company Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the InssteN's liability, nor Shoff the company be impleaded by the Insured of his legal representative Bankruptcy or insolvency of the insured or of the iusured's estate shall not relieve the com- pany of any of its obligations hereunder t Other Insuranu: The Insurance afforded by this policy a primary insurance. except when stated to apply in excess of or contingent upon the absence of other insurance When this insurance is primary and The Insured has other insurance which is stated to be applicable ►o the toss on an excess or contingent basis. the amount of the company's liability under this policy shall not be reduced by the ex stenre of such other insurance When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy lot a greater proportion of the loss than that stated in the applicable contribution Provision below a Contnbutwn by Equal SAares. If all of such other valid and collectible hnsur aoce provides for contribution by equal snares. the compil•r shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy of the full amount of the loss is paid. and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares Of the rema ling amount of the loss until each such insurer has paid its limit in full or the ru!I amount of the loss is paid b Contribelwo by limits I1 any of such other Insurance does not provide for contribution by equal - ties the company shall not be liable for a greater proportion of such loss than the applicable limit of Ilabdrty under this policy 'or such loss bears to the total applicable limit of liability of all valid and collecthbie insurance against Such toss T Sobrogillen In the event of any cayment under this policy, the company shall be subiogated to all the Insiired't rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights The inked shall do nothing after loss to prejudice such rights g. Cbayet: Notice to any agent Of knowledge possessed by any agent or by army other person shall not effect a waiver or a change in any part of this policy or estop the compary from asserting any right under the terms of this policy nc shall the terms of this policy be waived or changed except by endorsement issue to form a Dart o' this policy Assignment Assignment of interest under this policy sfa : not blind the corn piny until its consent is endorsed hereon If however the named assured shall de such Insurance as is afforded by this policy shall apply ,), to the named insured's legal representative as the named Insered. but only while acting w0hrri 11,e scope of his duties as such and 12! with respect to the property of the sawed otursd, to the person having proper temwory custody thereof as owed. but only until the appointment and Qualif►cation of the legal representative pop