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BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, • and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that Indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (Z) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will W (3) The obligation to defend, or the cast of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as o (4) The allegations in the "suit" and the Supplementary Payments ands when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or ,Ln of the insured and the interest of the (2) The dons set forth above, or the o indemnilee; terms of the agreement described in Ln (5) The indemnitee and the insured ask Paragraph (ll) above, are no longer met. us to conduct and control the defense S. EXCLUSIONS of that indemnitee against such "suit" and agree that we can assign the 1 • Applicable To Business Liability Coverage ® same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury M (S) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the () Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to "bodily defense of the "suit"; injury" or 'property damage" resulting (ii) Immediately send us copies of from the use of reasonable force to any demands, notices, proms persons or property; or summonses or legal papers (2) "Personal and advertising injury" arising :tom received in connection with out of an offense committed by, at the the "suit"; direction of of with the consent or (iii) Notify any other insurer whose acquiescence of the insured with the � coverage is available to the expectation of inf k ft "personal and indemnitee; and advertising injury". (iv) Cooperate with us with b. Contractual Liability respect to coordinating other (1) "Bodily injury or "property damage";or applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability In a contract or agreemerri. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit'; and (a) "Bodily injury", "property damage" or (a) Conduct and control the "personal and advertising injury" that defense of the indemnitee in the insured would have in the such "suit". absence of the contract or agreement; or Form SS 00 0S 04 06 Page 3 of 24