CATHLEEN FORCUCCI DANCE ACADEMY 2

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To: City of Santa Ana From: 7ennifer Fotmaneck -0-23-07 11:30am p. 5 of 9 Cathleen Forcucci Dance Academy, Fullerton PPSO42823782 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid. of- fered to pay. or deposited ~n court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2 If we defend an insured against a "suit' and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met a The "suit" against the indemnitee seeks damages for which the insured has as- sumed the kability of the +ndemntee rn a contract or agreement that is an "in- sured contract", 6. This +assurance applies to such Inability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "assured contract", d. The allegations in the "suit" and the in- formation we know about the "occur- rence" are such that no conflict appears to exist between the interests of the insured antl the interests of the indem- nitee: e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit' and agree that we can assign the same counsel to defend the insured and the indemnitee; and f The indemnitee: (11 Agrees in writing to: (al Cooperate with us in the inves- tigation, settlement or defense of the "suit'; Ibl Immediately send us copies of any demands, notices, sum- monses or legal papers received in connection with the "suit". Icl Notify any other insurer whose coverage is available to the in- demnitee; and ;dl Cooperate with us with respect to coordinating other applicable insurance available to <he indem- nitee: and 412 312 0 0 7 l21 Provides us with written author¢a- tion to !as Obtain records and other infor- mation related to the "suit', and Ibl Conduct and control the defense of the indemntee in such suit' So Tong as the above conditions are met. attorneys fees incurred by us in the de- fense of that indemnitee, necessary Irtiga- tion expenses incurred by us and necessary litigation expenses incurred by the indemni- tee ac our request will be paid as Supple- mentary Payments. Notwithstanding the pro- vis+ons of Paragraph 2.b.t2i of SECTION t - COVERAGE A - BOOILY IhUl1RY AND PROP- ERTY DAM1NiGE tiABiLITY such payments wi0 not 6e deemed to be damages for °bodily injury' and 'property damage' and wdl not reduce the limits of insurance. Our obligation to defend an Insured's indem- nitee and to pay for attorneys' fees and nec- essary litigation expenses as Supplemen- tary Payments ends when: a, We have used up the applicable lima of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met SECTION II -WHO IS AN INSI~tED If you are designated in the Declarations as a. An individual. you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner b. A partnership or jo+nt venture, you are an insured. Your members, your part- ners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds. but only with respect to the conduct of your business. Your managers are in' sureds, but only with respect to their duties as your managers. d An organization other than a partner- ship, ioint venture or limited liability com- pany, you are an insured. Your "execu- tiveofficers" and directors are insureds. but only with respect to their duties as your officers or directors. Your stock- holders are also insureds. but only with respect to their liabibty as stockholoers. \"`J ~. 4~ ~ ~' C C~ C~ C ma..,, c=owwmaa . ~a of i„~:,.c. s..,,~,., arc. ~:..,m~,,.,,, 952001 Ed. 4-99 `'°"'`. ~asw~v ~'m;:~.:,°S; ~„ e~:':.~ .~,,.o., p c..ww"• ~sss, u,.y~ ~ - sae~e -~~~ , age 8 Of 17