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(a) The liability pertains to your business and is assumed in a contract or agreement that is an <br />"insured contract"; and <br />(b) The "personal and advertising injury" occurs subsequent to the execution of the contract or <br />agreement. <br />Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees <br />and necessary litigation expenses incurred by or for a party other than an insured are deemed to be <br />damages because of "personal and advertising injury", provided: <br />(I) Liability to such party for, or for the cost of, that party's defense has also been assumed in <br />the same contract or agreement; and <br />(if) Such attorney fees and litigation expenses are for defense of that parry against a civil or <br />alternative dispute resolution proceeding in which damages to which this insurance applies <br />are alleged. <br />2. For purposes of this "personal and advertising injury" coverage only: <br />Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments — Coverages <br />A and B are replaced by the following: <br />d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no <br />conflict appears to exist between the interests of the insured and the interest of the indemnitee; <br />So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, <br />necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at <br />our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for <br />"bodily injury", "property damage" or "personal and advertising injury" and will not reduce the limits of <br />insurance. <br />G. Insured Contract Amendment <br />Paragraph f. and C(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by <br />the following: <br />f. That part of any other contract or agreement pertaining to your business (including an indemnification of a <br />municipality in connection with work performed for a municipality) under which you assume the tort liability of <br />another to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or <br />organization. Tort liability means a liability that would be imposed by law in the absence of any contract or <br />agreement. <br />Paragraph f. does not include that part of any contract or agreement: <br />(1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising <br />out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad <br />bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; <br />(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: <br />(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, <br />field orders, change orders or drawings and specifications; or <br />(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or <br />damage; <br />(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage <br />arising out of the insured's rendering or failure to render professional services, including those listed in (2) <br />above and supervisory, inspection, architectural or engineering activities; <br />(4) That indemnifies a person or organization for "personal and advertising injury": <br />(a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or <br />(b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or <br />telecasting for you or on your behalf; or <br />(5) That indemnifies a labor lea g firm for "bodily injury" to "leased workers". <br />Q U-GL-1060-E CW (04/13) <br />Includes co U Page 4 of 6 <br />copyrighted mate aal of In uYa�e Services Office, Inc., with its permission. <br />50294319 119; 20 vi/AUi 0M.0/WC/pUL:. Tina Kennedy 1 7/11/2019 10: 06a2 M UT) T:,1" ce[[if lca[e cancel¢ and supeiaedea A. ". ptevlwsly Iswetl c"[cif icacea. <br />