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* S1 * 02/02/2024 * GLP 0482161 11 GREAT AMERICAN ASSURANCE COMPANY *D/B* 397946331 694948 2. If we defend an insured against a "suit" and an (2) Provides us with written authorization indemnitee of the Insured is also named as a to: party to the "suit," we will defend that indem- nitee if all of the following conditions are met: (a) obtain records and other infor- mation related to the "suit"; and a. the "suit" against the indemnitee seeks damages for which the Insured has as- (b) conduct and control the defense sumed the liability of the indemnitee in a of the indemnitee in such "suit." contract or agreement that is an "insured contract"; So long as the above conditions are met, at- torneys' fees incurred by us in the defense of b. this insurance applies to such liability as- that indemnitee, necessary litigation expenses sumed by the Insured; incurred by us and necessary litigation ex- penses incurred by the indemnitee at our re- c. the obligation to defend, or the cost of quest will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph the defense of, that indemnitee, has also 2.b.(2) of SECTION I - COVERAGE A - Bodi- been assumed by the Insured in the same ly Injury and Property Damage Liability, "insured contract"; such payments will not be deemed to be damages for "bodily injury" and "property d. the allegations in the "suit" and the in- damage" and will not reduce the Limits of formation we know about the "occur- Insurance. rence" are such that no conflict appears to exist between the interests of the Insured Our obligation to defend an insured's indem- and the interests of the indemnitee; nitee and to pay for attorneys' fees and nec- essary litigation expenses as Supplementary e. the indemnitee and the Insured ask us to Payments ends when we have used up the conduct and control the defense of that applicable Limit of Insurance in the payment of indemnitee against such "suit" and agree judgments or settlements or the conditions that we can assign the same counsel to set forth above, or the terms of the agree- defend the Insured and the indemnitee; and ment described in paragraph f. above, are no longer met. f. the indemnitee: SECTION II - WHO IS AN INSURED (1) Agrees in writing to: 1. If you are designated in the Declarations as: (a) cooperate with us in the inves- tigation, settlement or defense of a. An individual, you and your spouse are the "suit"; insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) immediately send us copies of any demands, notices, summonses r legal papers received b. A partnership or joint venture, you are an o ived in con- or le n with the "suit insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your busi- (c) notify any other insurer whose ness. coverage is available to the in- demnitee; and c. A limited liability company, you are an in- sured. Your members are also insureds, (d) cooperate with us with respect to but only with respect to the conduct of coordinating other applicable in- your business. Your managers are insur- surance available to the indem- eds, but only with respect to their duties nitee; and as your managers. Copyright, ISO Properties, Inc., 2012 CG 00 01 (Ed. 04/13) (Page 11 of 20)