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BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above oondltlons 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 provislons of indemnitee In a contract or agreement Paragraph 11-b-(b) of Section 13. that is an"Insured contract"; Exclusions, such payments will not be (2) This Insurance applies to such Ilabi ity deemed to be damages for "bodily assumed by the Insured; Injury"and"property damage"and will (3) The obligation to defend,or the cost 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 far attorneys fees the same"Insured contract'; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: Informaton 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 of the Insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The Indemnitee and the Insured, ask Paragraph(6)above,are no longer meL us to conduct and control the defense B. EXCLUSIONS of that Indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the Indemnitee;and a, Expected Or Intended Injury (6) The Indemnitee: (1) "Bodily Injury" or "property damage" (a) Agrees in writing to; expected or Intended from the O Cooperate I with us in the standpoint of the Insured. " This p exclusion does not apply to bodily Investigation, settlement or Injury" or "property damage" resulting defense of the"suit"; from the use of reasonable force to (11) Immediately send us copies of protect persons or property;or any demands, notices, (2) "Personal and advertising injury"arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or, with the consent or the"suit"; acquiescence of the Insured with the (111)Notify any other Insurer whose expectation of Inflicting "personal and coverage is available to the advertising Injury/'- Indemnitee;and b. Contractual Liability (iv) Cooperate with us with (1) "Bodily Injury"or"property damage";or respect to coordinating other applicable Insurance available (2) "Personal and advertising injury" to the Indemnites;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 contractor agreement. (1) Obtain records and other This exclusion doss not apply to liability information related to the for damages because of "suit';and (a) "Bodily Injury","properly damage"or (11) 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 5S 00 08 04 05 Wage 3 of 24