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counsel assigned by or on behalf of you or <br />the insured. Such additional counsel shall <br />have the right to participate in the <br />investigation, defense or settlement of <br />any claim or "suit" on our behalf, and <br />(3) Have the right but not the duty to assume <br />control of the defense, and we shall have <br />that right even if we have not elected to <br />assign additional defense counsel. <br />If we assume control of the defense: <br />(a) We shall have the right to select or <br />dismiss defense counsel for the <br />purpose of continuing the defense of <br />any "suit'; and <br />(b) You shall continue to pay, or <br />reimburse us for, any 'claim <br />expenses' pursuant to the defense of <br />you or any insured until the "self - <br />insured retention" is exhausted. <br />During the course of controlling the <br />defense we shall have the right but not the <br />duty to settle the claim or "suit" by paying <br />all or part of the "self -Insured retention" or <br />Limits of Insurance. Such payment is on <br />your behalf, and you are responsible for <br />reimbursing us for payments of <br />damages and "claim expenses" within <br />the "self -insured retention" we have made, <br />within seven business days of the date <br />you receive notice that such payments <br />have been made. <br />If we avail ourselves of the foregoing right(s), <br />you and any other insured, your and any other <br />insured's claim servicing agency and we shall <br />cooperate in such investigation, defense or <br />settlement. <br />Any right or opportunity we have exercised to <br />participate in or control the defense ends at <br />our discretion, but in all events ends when we <br />have used up the limit of insurance in the <br />payment of judgments or settlements to which <br />this Coverage Part applies. <br />e. In no event shall: <br />(1) The "self -insured retention" be reduced by <br />your or any insured's overhead, cost of <br />investigation of claims by salaried <br />"employees" or "employee" time; nor any <br />expenses or appeals not incurred with our <br />written consent pursuant to the Duties In <br />The Event of Occurrence, Offense, Claim <br />or Suit Condition in Section IV or the <br />Appeals Condition in Section N; or <br />(2) We have any obligation or liability to pay <br />Page 2 of 23 <br />sums or performs acts or services unless <br />explicitly provided for under <br />Supplementary Payments - Coverages A <br />and B. <br />f. The amount we will pay for damages is limited <br />as described in Section III - Limits Of <br />Insurance. We have no other obligation to pay <br />anything unless explicitly provided for under <br />Supplementary Payments - Coverages A and <br />B. <br />g. This insurance applies to "bodily Injury" and <br />"property damage" only if: <br />(1) The "bodily injury" or "property damage" is <br />caused by an "occurrence" that takes <br />place in the "coverage territory"; <br />(2) The "bodily injury" or "property damage" <br />occurs during the "policy period"; and <br />(3) Prior to the "policy period", no Insured <br />listed under Paragraph 1. of Section II - <br />Who Is An Insured and no "employee" <br />authorized by you to give or receive <br />notice of an 'occurrence" or claim, knew <br />that the "bodily injury" or "property <br />damage" had occurred, in whole or in part. <br />If such a listed insured or authorized <br />"employee" knew, prior to the "policy <br />period', that the "bodily injury" or <br />"property damage" occurred, then any <br />continuation, change or resumption of <br />such "bodily injury or "property damage" <br />during or after the "policy period" will be <br />deemed to have been known prior to the <br />"policy period". <br />h. "Bodily injury" or "property damage" will be <br />deemed to have been known to have <br />occurred at the earliest time when any insured <br />listed under Paragraph 1. of Section II -Who <br />Is An Insured or any "employee" authorized <br />by you to give or receive notice of an <br />"occurrence" or claim: <br />(1) Reports all, or any part, of the "bodily <br />injury or "property damage" to us or any <br />other insurer; <br />(2) Receives a written or verbal demand or <br />claim for damages because of the "bodily <br />injury or "property damage"; or <br />(3) Becomes aware by any other means that <br />"bodily injury or "property damage" has <br />occurred or has begun to occur. <br />Damages because of "bodily injury include <br />damages claimed by any person or <br />organization for care, loss of services or death <br />resulting at any time' "` "' ' ' .. <br />,>� °_ <br />IiIAMMagemadDiVakm <br />RwEweD&APPRovm BV: <br />;; <br />�, <br />A.�, A <br />® <br />R6k Management SpedXist <br />01 <br />rum n cn 111010,1i vo VO <br />