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Coverage applies. We do not have to (d) Cooperate with you and us with furnish these bonds. respect to coordinating other (4) The cost of appeal bonds or bonds to applicable insurance available to the release attachments, but only for bond indemnitee; and amounts within the applicable limit of (2) Provides us with written authorization to: insurance. We do not have to furnish (a) Obtain records and other information these bonds. related to the "suit"; and (5) All reasonable expenses incurred by the (b) Conduct and control the defense of insured at our request to assist us in the the indemnitee in such "suit". investigation or defense of the claim or "suit", including actual loss of earnings up So long as the above conditions are met, to $500 a day because of time off from (1)Attorneys fees incurred by you in the defense work. of that indemnitee, necessary litigation (6)All costs taxed against the insured in the expenses incurred by us and necessary "suit". litigation expenses incurred by the indemnitee at your request will be borne by you as "claim These payments will not reduce the limits of expenses" until the "self-insured retention" is insurance. exhausted; and 3. If we defend you or any other insured against a (2)Attorneys fees incurred by us in the defense "suit" and an indemnitee of such insured is also of that indemnitee, necessary litigation named as a party to the "suit", we will defend that expenses incurred by us and necessary indemnitee if all of the following conditions are met: litigation expenses incurred by the indemnitee at our request will be borne by us as "claim a. The "suit" against the indemnitee seeks expenses" by us after the "self-insured damages for which the insured has assumed retention" has been exhausted. the liability of the indemnitee in a contract or Notwithstanding the provisions of paragraph agreement that is an "insured contract"; 2.b.(2) of Section I - Coverage A - Bodily Injury b. This insurance applies to such liability And Property Damage, such payments will not be assumed by the insured; deemed to be damages for "bodily injury" and c. The obligation to defend, or the cost of the "property damage" and will not reduce the limits of defense of, that indemnitee, has also been insurance; however, such payments will reduce assumed by the insured in the same "insured the "self-insured retention"to the same extent that contract"; other"claim expenses" reduce the "self-insured d. The allegations in the "suit" and the retention." information we know about the "occurrence" Your obligation to defend an insured's indemnitee are such that no conflict appears to exist and to pay for attorneys fees and necessary between the interests of the insured and the litigation expenses as Supplementary Payments interests of the indemnitee; ends when you have used up the applicable "self- insured retention" in the payment of judgments, e. The indemnitee and the insured ask us to settlements, or "claim expenses"; or when the conduct and control the defense of that conditions set forth above, or the terms of the indemnitee against such "suit" and agree that agreement described in paragraph f. above, are we can assign the same counsel to defend the no longer met. insured and the indemnitee; and Our obligation to defend you or any other f. The indemnitee: insured's indemnitee and to pay for attorneys'fees (1)Agrees in writing to: and necessary litigation expenses as (a) Cooperate with you and us in the Supplementary Payments ends when: investigation, settlement or defense of a. We have used up the applicable limit of the "suit"; insurance in the payment of judgments or (b) Immediately send you and us copies settlements; or of any demands, notices, summonses b. The conditions set forth above, or the terms of or legal papers received in connection the agreement described in Paragraph f. with the "suit"; above, are no longer met. (c) Notify any other insurer whose coverage is available to the indemnitee; and Form EH 00 02 06 05 Page 11 of 23