CATHLEEN FORCUCCI DANCE ACADEMY 2

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Cathleen Forcucci Dance Academy, Fullerton \ -: "~" 9 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 in court the part of the judgment that is withrn 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 liability of the indemnitee in a contract or agreement that is an "in- sured contract"; b This Insurance applies to such liability 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 "insured 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 and 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: ( ,) Agrees in writing to: (a) Cooperate with us in the inves- tigation, settlement or defense of the "suit"; (bl Immediately send us copies of any demands. notices. sum- monses or legal papers received in connection with the "suit"; (c} Notify any other insurer whose coverage is available to the in- demnitee; and (dl Cooperate with us with respect to coordinating ather applicable insurance available to the indem- nitee; and PPS42823782 1/2/2008 (2) Provides us with written authOriza- tion to: (al Obtain records and other infor- mation related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suif'. So long as the above conditions are met. attorneys' fees incurred by us in the de- fense of that indemnitee. necessary litiga- tion expenses incurred by us and necessary litigation expenses incurred by the indemni- tee at our request will be paid as Supple- mentary Payments. Notwithstanding the pro- visions of Paragraph 2.b.(2) of SECTION I - COVffiAGE A - BODILY IN.Jl.RY AND PROP- ERlY DAMAGE LIABILITY. such payments will not be deemed to be damages for "bodily injury" and "property damage" CInd will 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 limit 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 INSURED 1. 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 joint 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 ather than a partner- ship. joint venture or limited liability com- pany. you are an insured. Your "execu- tive officers" 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 liability as stockholders. 9S200 1 Ed. 4-99 In(hlC:l.~ cOllyr1qhlld l'lIat.r,.1 01 l'UIlUllC. S.r""'CI$ Ollie I, Inc.. *"l'" .IS llI.r.....'n'o~ C,pvlilJhl, 1~,uf'"C. S."...ell Ollie., me 1~97 COPY'II]"'. 1999. ""'';'11/1'' CUUoIlI'f' Cllm"....,., ., III .4d,luuul 'I..t ."d r.y.t.~nl Page 8 of 17