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prejudgment interest based on <br />that period of time after the <br />offer. <br />(g) All interest on the full amount <br />of any judgment that accrues <br />after entry of the judgment and <br />before we have paid, offered <br />to pay, or deposited in court <br />the part of the judgment that is <br />within our Limit of Insurance. <br />These payments will not reduce <br />the Limit of Insurance described in <br />SECTION II - LIABILITY, D.Liability <br />and Medical Expenses Limits of <br />Insurance. <br />(2) If we defend an insured against a <br />"suit" and an indemnitee of the <br />insured is also named as a party <br />to the "suit", we will defend that <br />indemnitee if all of the following <br />conditions are met: <br />(a) The "suit" against the <br />indemnitee seeks damages for <br />which the insured has <br />assumed the liability of the <br />indemnitee in a contract or <br />agreement that is an "insured <br />contract'; <br />(b) This insurance applies to such <br />liability assumed by. the <br />insured; <br />(c) The obligation to defend, or <br />the cost of the defense of, that <br />indemnitee, has also been <br />assumed by the insured in the <br />same "insured contract"; <br />(d) The allegations in the "suit" <br />and the information we know <br />about the "occurrence" are <br />such that no conflict appears <br />to exist between the interests <br />of the insured and the <br />interests of the indemnitee; <br />(e) The indemnitee and the <br />insured ask us to conduct and <br />control the defense of that <br />indemnitee against such "suit" <br />and agree that we can assign <br />the same counsel to defend <br />the insured and the <br />indemnitee; and <br />(f) The indemnitee: <br />(1) Agrees in writing to <br />1) Cooperate with us in <br />the investigation, <br />settlement or defense <br />of the "suit" <br />2) Immediately send us <br />copies of any <br />demands, notices, <br />summonses or <br />The <br />Hanover <br />lnsurance Group- <br />ODFD785344 5701644 <br />legal papers received in <br />connection with the <br />"suit"; <br />3) Notify any other insurer <br />whose coverage is <br />available to the <br />indemnitee; and <br />4) Cooperate with us with <br />respect to coordinating <br />other applicable <br />insurance available to <br />the indemnitee; and <br />(ii) Provides us with written <br />authorization to: <br />1) Obtain records and <br />other information related <br />to the "suit": and <br />2) Conduct and control the <br />defense of the <br />indemnitee in such <br />"suit". <br />So long as the above conditions <br />are met, attorneys' fees <br />incurred by us in the defense of <br />that indemnitee, necessary <br />litigation expenses incurred by <br />us and necessary litigation <br />exppenses incurred by the <br />ndemnitee at our request will <br />be paid as Supplementary <br />Payments. Notwithstanding the <br />provisions of SECTION II - <br />LIABILITY, B. Exclusions, 1. <br />Applicable to Business Liability <br />Coverage, b. Contractual <br />Liability, paragraph (2), such <br />payments will not be deemed to <br />be damages for "bodily injury" <br />and "property damage" and will <br />not reduce the limits of <br />insurance. <br />Our obligation to defend an <br />insured's indemnitee and to pay for <br />attorneys' fees and necessary <br />litigation expenses as <br />Supplementary Payments ends <br />when: <br />(g) We have used up the applicable <br />Limit of Insurance in the <br />payment of judgments or <br />settlements; or <br />(h) The conditions set forth above, <br />or the terms of the agreement <br />described in Paragraph (2)(f) <br />above are no longer met. <br />2. Medical Expenses <br />a. We will pay <br />described belo, <br />caused by an ac <br />(1) On premises <br />391.1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its perm <br />Rime nknagonvlt Diviemn <br />c W R& exm&APPRQ BY. - <br />Alp Aa,44 <br />'®' Risk Management Spedalut <br />