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COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 630-7K939062-TIL-19 <br />SUPPLEMENTARY PAYMENTS <br />1. We will pay, with respect to any claim we <br />Investigate or settle, or any "suit" against an Insured <br />we defend: <br />a. All expenses we incur. <br />b. Up to $2,500 for the cost of ball bonds required <br />because of accidents or traffic law violations <br />arising out of the use of any vehicle to which <br />the Bodily Injury Liability Coverage applies. We <br />do not have to furnish these bonds. <br />c. The cost of bonds to release attachments, but <br />only for bond amounts within the applicable limit <br />of Insurance. We do not have to furnish these <br />bonds. <br />it. All reasonable expenses Incurred by the <br />Insured at our request to assist us in the <br />Investigation or defense of the claim or "suit", <br />including actual loss of earnings up to $500 a <br />day because of time off from work. <br />e. All court costs taxed against the insured in the <br />"suit". However, these payments do not Include <br />attorneys' fees or attorneys' expenses taxed <br />against the Insured. <br />f. Prejudgment interest awarded against the <br />Insured on that part of the judgment we pay. If <br />we make an offer to pay the applicable limit of <br />Insurance, we will not pay any prejudgment <br />interest based on that period of time after the <br />offer. <br />g. All Interest on the full amount of any judgment <br />that accrues after entry of the judgment and <br />before we have paid, offered to pay, or <br />deposited in court the part of the judgment that <br />Is within the applicable limit of Insurance. <br />These payments will not reduce the limits of <br />insurance. <br />2. If we defend an insured against a "suit" and an <br />Indemnitee of the Insured Is also named as a party <br />to the "suit", we will defend that indemnitee if all of <br />the following conditions are met: <br />a. The "suit" against the indemnitee seeks <br />damages for which the Insured has assumed <br />the liability of the Indemnitee In a contract or <br />agreement that is an "insured contract"; <br />assumed by the Insured In the same "insured <br />contract': <br />d. The allegations In the "suit" and the information <br />we know about the "occurrence" or offense are <br />such that no conflict appears to exist between <br />the Interests of the Insured and the interests of <br />the Indemnitee; <br />9. The indemnitee and the insured ask us to <br />conduct and control the defense of that <br />indemnitee against such "suit" and agree that <br />we can assign the same counsel to defend the <br />insured and the Indemnitee; and <br />f. The Indemnitee: <br />(1) Agrees In writing to: <br />(a) Cooperate with us in the investigation, <br />settlement or defense of the "suit"; <br />(b) Immediately send us copies of any <br />demands, notices, summonses or legal <br />papers received In connection with the <br />"sun"; <br />(c) Notify any other insurer whose <br />coverage is available to the Indemnitee; <br />and <br />(d) Cooperate with us with respect to <br />coordinating other applicable Insurance <br />available to the indemnitee; and <br />(2) Provides us with written authorization to: <br />(a) Obtain records and other information <br />related to the "suit"; and <br />(b) Conduct and control the defense of the <br />indemnitee in such "suit". <br />So long as the above conditions are met, attorneys' <br />fees Incurred by us In the defense of that <br />indemnitee, necessary litigation expenses Incurred <br />by us and necessary litigation expenses Incurred by <br />the Indemnitee at our request will be paid as <br />Supplementary Payments. Notwithstanding the <br />provisions of Paragraph 2.b.(2) of Section I — <br />Coverages — Coverage A — Bodily Injury And <br />Property Damage Liability or Paragraph 2.e. of <br />Section I — Coverages — Coverage B — Personal <br />And Advertising Injury Liability, such payments will <br />not be deemed to be damages for "bodily injury", <br />"property damage" or "personal Injury', and will not <br />reduce the limits of insurance. <br />b. This insurance applies to such liability assumed Our obligation to def ��9j� Md <br />by the insured; and to payer for attt�!y,�; &RV5 oD <br />c. The obligation to defend, or the cost of the litigation expenses a lit1 i a en <br />defense of, that indemnitee, has also been ends when: U19 <br />G 2" 0 2 " <br />RANC fINE R. VILLAREAL <br />Page 10 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 <br />Includes copyrighted material of Insurance Services Office, Inc. with Its permission. <br />