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Coverage applies. We do not have to <br />furnish these bonds. <br />(4) The cost of appeal bonds or bonds to <br />release attachments, but only for bond <br />amounts within the applicable limit of <br />insurance. We do not have to furnish <br />these bonds. <br />(5) All reasonable expenses incurred by the <br />insured at our request to assist us in the <br />investigation or defense of the claim or <br />"suit", including actual loss of earnings up <br />to $500 a day because of time off from <br />work. <br />(6) All costs taxed against the insured in the <br />"suit". <br />These payments will not reduce the limits of <br />insurance. <br />3. If we defend you or any other insured against a <br />'suit" and an indemnitee of such insured is also <br />named as a party to the "suit", we will defend that <br />indemnitee if all of the following conditions are met: <br />a. The "suit" against the indemnitse 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 />b. This insurance applies to such liability <br />assumed by the insured; <br />c. The obligation to defend, or the cost of the <br />defense of, that indemnitee, has also been <br />assumed by the insured In the same "insured <br />contract"; <br />d. The allegations in the "suit" and the <br />information we know about the "occurrence" <br />are such that no conflict appears to exist <br />between the interests of the insured and the <br />interests of the Indemnitee; <br />e. 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 indemnites; and <br />f. The indemnitee: <br />(f) Agrees in writing to: <br />(a) Cooperate with you and us in the <br />investigation, settlement or defense of <br />the "suit"; <br />(b) Immediately send you and us copies <br />of any demands, notices, summonses <br />or legal papers received in connection <br />with the "suit'; <br />(c) Notify any other insurer whose <br />coverage is available to the <br />indemnitee; and <br />(d) Cooperate with you and us with <br />respect to coordinating other <br />applicable insurance available to the <br />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 <br />the indemnitee in such "suit". <br />So long as the above conditions are met, <br />(f) Attorneys fees incurred by you in the defense <br />of that indemnitee, necessary litigation <br />expenses incurred by us and necessary <br />litigation expenses Incurred by the indemnitee <br />at your request will be bome by you as "claim <br />expenses" until the 'self -insured retention" is <br />exhausted; and <br />(2) Attorneys fees incurred by us in the defense <br />of that indemnitee, necessary litigation <br />expenses incurred by us and necessary <br />litigation expenses Incurred by the indemnitee <br />at our request will be bome by us as "claim <br />expenses" by us after the "self -insured <br />retention" has been exhausted. <br />Notwithstanding the provisions of paragraph <br />2.b.(2) of Section I - Coverage A - Bodily Injury <br />And Property Damage, such payments will not be <br />deemed to be damages for "bodily injury" and <br />"property damage" and will not reduce the limits of <br />insurance; however, such payments will reduce <br />the "self -insured retention" to the same extent that <br />other "claim expenses" reduce the "self -insured <br />retention." <br />Your obligation to defend an insured's indemnitee <br />and to pay for attorneys fees and necessary <br />litigatian expenses as Supplementary Payments <br />ends when you have used up the applicable "eslf- <br />insured retention" in the payment of judgments, <br />settlements, or "claim expenses"; or when the <br />conditions set forth above, or the terms of the <br />agreement described in paragraph f. above, are <br />no longer met. <br />Our obligation to defend you or any other <br />insured's indemnitee and to pay for attomeys' fees <br />and necessary litigation expenses as <br />Supplementary Payments ends when: <br />a. We have used up the applicable limit of <br />insurance in the payment of judgments or <br />settlements; or <br />b. The conditions set forth above, or the terms of <br />the agreement described in Paragraph f. <br />above, are no longer met. <br />Risk MosgemedDWian <br />ntviE &Apmov®ar. <br />A+juAavA4 <br />® Risk Management Spetlalist <br />Form EH 00 02 06 05 <br />rage rr or 24 <br />Form EH 00 02 06 05 <br />rage rr or 24 <br />