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COVERAGE B PERSONAL AND ADVERTISING Insurance in the payment of judgments or INJURY LIABILITY settlements to which this Coverage Part 1. Insuring Agreement applies. a. We will pay those sums that you or any d. If the amount you have paid, on your behalf or insured becomes legally obligated to pay as on behalf of any insured, for"claim expenses" damages because of "personal and and judgments or settlements for a claim does advertising injury" to which this insurance not exceed the amount of the "self-insured applies; but only to the extent that such retention", we shall not be obligated to "personal and advertising injury" is in excess assume charge of, participate in, or pay for of the "self-insured retention" that has been the investigation or defense of any claim or exhausted solely by the payment of "claim "suit". expenses" and that portion of judgments or However, if such claim or "suit", in our settlements to which this insurance would opinion, involves or is reasonably likely to have applied in the absence of the "self- involve payment by us under this Coverage insured retention". Part, we shall: b. You are responsible for payment of expenses (1) Require you or the insured against whom for any defense counsel selected by or on the claim is made or"suit" is brought, to behalf of you or any insured, including "claim obtain our written consent regarding the expenses", until the "self-insured retention" selection of any defense counsel; has been exhausted solely by the payment of (2) At our own expense, have the right but "claim expenses" and that portion of not the duty to investigate and to assign judgments or settlements to which this counsel in addition to any defense insurance would have applied in the absence counsel assigned by or on behalf of you of the "self-insured retention". or the insured. Such additional counsel If we make a payment relating to the defense shall have the right to participate in the counsel or defense of any claim against you investigation, defense or settlement of or any insured within the "self-insured any claim or"suit" on our behalf; and retention", it will be on your behalf, and you (3) Have the right but not the duty to assume must reimburse us within seven business control of the defense, and we shall have days of the date you receive notice that such that right even if we have not elected to payments have been made. assign additional defense counsel. "Claim expenses" and other defense If we assume control of the defense: expenses incurred subsequent to the exhaustion of the "self-insured retention" are (a)We shall have the right select or payable by us, as provided in Supplementary dismiss defense counsel for the Payments. purpose of continuing the defense of any"suit"; and c. If the claim is within the amount of the "self- insured retention", then subject to subsection (b) You shall continue to pay, or d. below, you shall have the duty to defend reimburse us for, any "claim any "suit" brought against you or any insured expenses" pursuant to the defense of seeking damages because of"personal and you or any insured. advertising injury" to which this insurance During the course of controlling the applies. Such duty shall continue until the defense we shall have the right but not the "self-insured retention" has been exhausted duty to settle the claim or "suit" by paying solely by the payment of "claim expenses" all or part of the "self-insured retention" or and that portion of judgments or settlements Limits of Insurance. Such payment is on to which this insurance would have applied in your behalf, and you are responsible for the absence of the "self-insured retention". reimbursing us for payments of damages and "claim expenses"within If, however the amount you have paid on your the "self-insured retention" we have made behalf or on behalf of any insured, for "claim expenses" or judgments and settlements for a within seven business days of the date claim exceeds the amount of the "self-insured you receive notice that such payments retention", then we shall have the right and have been made. duty to defend you or such insured against If we avail ourselves of the foregoing right(s), such claim. Our right and duty to defend ends you and any other insured, your and any other when we have used up the Limits of Form EH 00 02 06 05 Page 7 of 23