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lb� If we defend on insured against o ^oub. <br />and on indemnitee of the insured is also <br />named as o party to the ^oui[ we will <br />defend that indemnitee if all of the <br />following conditions are met: <br />(1) The "suit" against the indemnitee <br />seeks damages for which the insured <br />has assumed the liability of the <br />indemnitee in m ountnao\ or agreement <br />that immn"insured ourtnao�� <br />(2) This insurance applies to such liability <br />assumed bythe inmun*d� <br />(3) The obligation to defend, or the cost of <br />the defense of, that indemniVme, has <br />also been assumed bythe insured in <br />the same "insured oontnaot"� <br />(4) The eUayedona in the "suit" and the <br />information we know about the <br />^000umanoa^ are such that no conflict <br />appears to exist between the interests <br />of the insured and the interest of the <br />indemnitee; <br />(5) The indemnitee and the insured ask <br />umtoconduct and control the defense <br />of that indemnitee against such "suit" <br />and agree that we can assign the <br />same counsel to defend the insured <br />and the indemnitee; and <br />(6) The indemnitee: <br />(a) Agrees inwriting to: <br />(i) Cooperate with us in the <br />invaaigebon, maUUamark or <br />defense of the "suit"� <br />(ii) Immediately send umcopies of <br />any demmndm, nodmmm, <br />summonses or legal papers <br />received in connection with <br />the "suit"; <br />. <br />(A!)Notify any other insurer whose <br />coverage is available to the <br />indemnitee: and <br />(iv) Cooperate with us with <br />respect N coordinating other <br />applicable insurance available <br />to the indemnitee., and <br />(b) Provides us with vvh8en <br />authorization to'. <br />(i) Obtain records and other <br />information related to the <br />^aui[; and <br />(ii) Conduct and control the <br />defense of the indemnitee in <br />such "suit". <br />Form SSOOO8O4O5 <br />v6 V, 'i )l <br />BUSINESS LIABILITY COVERAGE FORM <br />Bolong eaU/aebovaconditions are met, <br />attorneys' fees incurred by us in the <br />defense of that indemnitee, naoaaaery <br />litigation expenses incurred by us and <br />naoaaaory litigation expenses incurred <br />by the indemnitee at our request will be <br />paid eaSupplementary Payments. <br />Notwithstanding the provisions of <br />Paragraph Yb.(b) of Section B. — <br />Exo|uaiona, such payments will not be <br />deemed to be damages for "bodily <br />injury" and "property damage" and will <br />not reduce the Limits ofInsurance. <br />Our obligation to defend an inaunad'a <br />indemnitee and to pay for attorneys' fees <br />and nam*aaery litigation expenses as <br />Supplementary Payments ends when: <br />(1) We have used up the mpp|iomb|a limit <br />of insurance in the payment of <br />judgments or settlements; or <br />(2) The conditions set forth above, or the <br />bannm of the agreement demohbed in <br />Paragraph (6)above, are nulonger met. <br />B. EXCLUSIONS <br />1. Applicable ToBusiness Liability Coverage <br />This insurance does not apply to: <br />o. Expected OrIntended Injury <br />(1) "Bodily injury" or "property damage" <br />expected or intended from the <br />standpoint of the insured. This <br />exclusion does not apply to "bodily <br />injury" or "property damage" resulting <br />from the use of reasonable force to <br />protect persons orproperty, or <br />(2) "Personal and advertising injury''arising <br />out of an offense committed by. at the <br />direction of or with the consent or <br />onquieonmnnm of the insured with the <br />expectation of inflicting "personal and <br />odvertioinginjury^ <br />b. Contractual Liability <br />(i) "Bodily injury''ur"property dmmmge'';ur <br />(2) "Personal and advertising injug/ <br />for which the insured is obligated to pay <br />damages by naeaon of the assumption of <br />liability in a contract or agreement. <br />This exclusion does not apply to liability <br />for damages because of: <br />(a) "Bodily inju0"."property damage" ur <br />^personal and advertising injury" that <br />the insured would have in the <br />absence of the contract or <br />,,agreeiment� or <br />-- Page 3 of 24 <br />~ <br />