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* S9 * 06/11/2021 * GLP 3961460 00 GREAT AMERICAN ASSURANCE COMPANY <br />*D/B* 072977484 262428 <br />2. If we defend an insured against a "suit" and an (2) Provides us with written authorization <br />indemnitee of the Insured is also named as a to: <br />party to the "suit," we will defend that indem- <br />nitee if all of the following conditions are met: (a) obtain records and other infor- <br />mation related to the "suit"; and <br />a. the "suit" against the indemnitee seeks <br />damages for which the Insured has as- <br />sumed the liability of the indemnitee in a <br />contract or agreement that is an "insured <br />contract"; <br />b. this insurance applies to such liability as- <br />sumed by the Insured; <br />c. the obligation to defend, or the cost of <br />the defense of, that indemnitee, has also <br />been assumed by the Insured in the same <br />"insured contract"; <br />d. the allegations in the "suit" and the in- <br />formation we know about the "occur- <br />rence" are such that no conflict appears to <br />exist between the interests of the Insured <br />and the interests of the indemnitee; <br />e. the indemnitee and the Insured ask us to <br />conduct and control the defense of that <br />indemnitee against such "suit" and agree <br />that we can assign the same counsel to <br />defend the Insured and the indemnitee; and <br />f. the indemnitee: <br />(1) Agrees in writing to: <br />(a) cooperate with us in the inves- <br />tigation, settlement or defense of <br />the "suit"; <br />(b) immediately send us copies of <br />any demands, notices, summonses <br />or legal papers received in con- <br />nection with the "suit"; <br />(c) notify any other insurer whose <br />coverage is available to the in- <br />demnitee; and <br />(d) cooperate with us with respect to <br />coordinating other applicable in- <br />surance available to the indem- <br />nitee; and <br />(b) conduct and control the defense <br />of the indemnitee in such "suit." <br />So long as the above conditions are met, at- <br />torneys' fees incurred by us in the defense of <br />that indemnitee, necessary litigation expenses <br />incurred by us and necessary litigation ex- <br />penses incurred by the indemnitee at our re- <br />quest will be paid as Supplementary Payments. <br />Notwithstanding the provisions of paragraph <br />2.b.(2) of SECTION I - COVERAGE A - Bodi- <br />ly Injury and Property Damage Liability, <br />such payments will not be deemed to be <br />damages for "bodily injury" and "property <br />damage" and will not reduce the Limits of <br />Insurance. <br />Our obligation to defend an insured's indem- <br />nitee and to pay for attorneys' fees and nec- <br />essary litigation expenses as Supplementary <br />Payments ends when we have used up the <br />applicable Limit of Insurance in the payment of <br />judgments or settlements or the conditions <br />set forth above, or the terms of the agree- <br />ment described in paragraph f. above, are no <br />longer met. <br />SECTION II - WHO IS AN INSURED <br />1. If you are designated in the Declarations as: <br />a. An individual, you and your spouse are <br />insureds, but only with respect to the <br />conduct of a business of which you are <br />the sole owner. <br />b. A partnership or joint venture, you are an <br />insured. Your members, your partners, and <br />their spouses are also insureds, but only <br />with respect to the conduct of your busi- <br />ness. <br />c. A limited liability company, you are an in- <br />sured. Your members are also insureds, <br />but only with respect to the conduct of <br />your business. Your managers are insur- <br />eds, but only with <br />as your managers. <br />Copyright, ISO Properties, Inc., 2012 <br />CG 00 01 (Ed. 04/13) (Page 11 of 20) <br />Ride Management DMsian <br />REVIEWED &APPROVED BY.- <br />� Risk Management Analyst <br />