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COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that you or any insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies; but only to the extent that such "personal and advertising injury" is in excess of the "self insured retention" that has been exhausted solely by the payment of "claim expenses" and that portion of judgments or settlements to which this insurance would have applied in the absence of the "self - insured retention". b. You are responsible for payment of expenses for any defense counsel selected by or on behalf of you or any insured, including "claim expenses", until the "self -insured retention" has been exhausted solely by the payment of "claim expenses" and that portion of judgments or settlements to which this insurance would have applied in the absence of the "self -insured retention". If we make a payment relating to the defense counsel or defense of any claim against you or any insured within the "self -insured retention", it will be on your behalf, and you must reimburse us within seven business days of the date you receive notice that such payments have been made. "Claim expenses" and other defense expenses incurred subsequent to the exhaustion of the "self -insured retention" are payable by us, as provided in Supplementary Payments. c. If the claim is within the amount of the "self - insured ratention", then subject to subsection d. below, you shall have the duty to defend any "suit" brought against you or any insured seeking damages because of "personal and advertising injury" to which this insurance applies. Such duty shall continue until the "self -insured retention" has been exhausted solely by the payment of "claim expenses" and that portion of judgments or settlements to which this insurance would have applied in the absence of the "self -insured retention'. If, however the amount you have paid on your behalf or on behalf of any insured, for "claim expenses" or judgments and settlements for a claim exceeds the amount of the "sstf-insured retention", then we shall have the right and duty to defend you or such Insured against such claim. Our right and duty to defend ends when we have used up the Limits of Insurance in the payment of judgments or settlements to which this Coverage Part applies. d. If the amount you have paid, on your behalf or on behalf of any insured, for "claim expenses" and judgments or settlements for a claim does not exceed the amount of the "self -insured retention", we shall not be obligated to assume charge of, participate in, or pay for the investigation or defense of any claim or "suit". However, if such claim or "suit", in our opinion, involves or is reasonably likely to involve payment by us under this Coverage Part, we shall: (1) Require you or the insured against whom the claim is made or "suit" is brought, to obtain our written consent regarding the selection of any defense counsel; (2) At our own expense, have the right but not the duty to investigate and to assign counsel In addition to any defense counsel assigned by or on behalf of you or the insured. Such additional counsel shall have the right to participate in the investigation, defense or settlement of any claim or "suit" an our behalf; and (S) Have the right but not the duty to assume control of the defense, and we shall have that right even if we have not elected to assign additional defense counsel. If we assume control of the defense: (a) We shall have the right to select or dismiss defense counsel for the purpose of continuing the defense of any "suit; and (b) You shall continue to pay, or reimburse us for, any "claim expenses" pursuant to the defense of you or any insured. During the course of controlling the defense we shall have the right but not the duty to settle the claim or "suit' by paying all or part of the "self -insured retention" or Limits of Insurance. Such payment is on your behalf, and you are responsible for reimbursing us for payments of damages and "claim expenses" within the "self -insured retention' we have made within seven business days of the date you receive notice that such payments have been made. If we avail ourselves you and any other in. r,=mom Risk MRnegmerd iit[m Rentwta&MPRw®Rv: °I' 'a ® Fl+j:eAcwrl. Rnk Management SpedAist 00, Form EH 00 02 06 05