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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 litigatlon 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 (2) This insurance applies to such Ilablllty deemed to be damages for "bodily assumed by the Insured; Injury" and "property damage"and will not reduce the Limits of Insurance. (3) The obligation to defend, or the cost of t Our obligation to defend an insured's he defense of, that indemnitee, has also been assumed by the insured In Indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as Supplementary Payments ends when: (4) The allegations In the "suit" and the (1) We have used up the applicable limit Information we know about the of insurance In the payment of "occurrence" are such that no conflict judgments or settlements; or appears to exist between the Interests 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 met. 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 (1) Cooperate with us In the standpoint of the insured. This exclusion does not apply to "bodily investlgafion, settlement oT 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 commEtted by, at the received in connection with direction of or with the consent or the"sult'; acquiescence of the insured with the (III) 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 indemnitee; and for which the Insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: Ilabillty in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability Information related to the for damages because of: "suit";and (a) "Bcx(ily injury","property 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 Page 3 of 24 Form SS 00 08 04 05