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COMMERCIAL GENERAL LIABILITY <br /> d. All reasonable expenses incurred by the (1) Agrees in writing to: <br /> insured at our request to assist us in the (a) Cooperate with us in the <br /> investigation or defense of the claim or investigation, settlement or defense <br /> "suit", including actual loss of earnings up to <br /> $500 a day because of time off from work. of the"suit"; <br /> e. All court costs taxed against the insured in (b)Immediately send us copies of any <br /> the "suit". However, these payments do not demands notices summonses or <br /> legal papers received in connection <br /> include attorneys' fees or attorneys' <br /> expenses taxed against the insured. with the"suit"; <br /> f. Prejudgment interest awarded against the (C) Notify any other insurer whose <br /> insured on that part of the judgment we pay. coverage is available to the <br /> If we make an offer to pay the applicable indemnitee;and <br /> limit of insurance, we will not pay any (d)Cooperate with us with respect to <br /> prejudgment interest based on that period coordinating other applicable <br /> of time after the offer. insurance available to the <br /> g. All interest on the full amount of any indemnitee;and <br /> judgment that accrues after entry of the (2)Provides us with written authorization <br /> judgment and before we have paid, offered to: <br /> to pay, or deposited in court the part of the <br /> judgment that is within the applicable limit (a) Obtain records and other <br /> of insurance. information related to the "suit"; <br /> and <br /> These payments will not reduce the limits of <br /> insurance. (b)Conduct and control the defense of <br /> the indemnitee in such"suit". <br /> 2. If we defend an insured against a "suit" and an <br /> indemnitee of the insured is also named as a So long as the above conditions are met, <br /> party to the "suit", we will defend that attorneys' fees incurred by us in the defense of <br /> indemnitee if all of the following conditions are that indemnitee, necessary litigation expenses <br /> met: incurred by us and necessary litigation expenses <br /> incurred by the indemnitee at our request will be <br /> a. The "suit" against the indemnitee seeks paid as Supplementary Payments. <br /> damages for which the insured has assumed Notwithstanding the provisions of Paragraph <br /> the liability of the indemnitee in a contract 2.b.(2)of Section I - Coverages -Coverage A- <br /> or agreement that is an"insured contract"; Bodily Injury And Property Damage Liability or <br /> b. This insurance applies to such liability Paragraph 2.e. of Section I - Coverages - <br /> assumed by the insured; Coverage B - Personal And Advertising Injury <br /> Liability, such payments will not be deemed to <br /> C. The obligation to defend, or the cost of the be damages for "bodily injury", "property <br /> defense of, that indemnitee, has also been damage"or"personal injury",and will not reduce <br /> assumed by the insured in the same"insured the limits of insurance. <br /> contract"; <br /> Our obligation to defend an insured's <br /> d. The allegations in the "suit" and the indemnitee and to pay for attorneys' fees and <br /> information we know about the"occurrence" necessary litigation expenses as Supplementary <br /> or offense are such that no conflict appears Payments ends when: <br /> to exist between the interests of the insured a. We have used up the applicable limit of <br /> and the interests of the indemnitee; insurance in the payment of judgments, <br /> e. The indemnitee and the insured ask us to settlements or medical expenses;or <br /> conduct and control the defense of that b. The conditions set forth above or the terms <br /> indemnitee against such "suit" and agree of the agreement described in Paragraph f. <br /> that we can assign the same counsel to above,are no longer met. <br /> defend the insured and the indemnitee;and <br /> f. The indemnitee: <br /> CG T100 0219 © 2017 The Travelers Indemnity Company.All rights reserved. Page 11 of 23 <br /> Includes copyrighted material of Insurance Services Office, Inc.with its permission. <br />