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Policy Number: PAS037514693 <br />g All interest on the full amount of any <br />judgment that accrues after entry of the <br />judgment and before we have paid, of- <br />fered to pay, or deposited in court the <br />part of the judgment that is within the <br />applicable limit of insurance. <br />These payments will not reduce the limits of <br />insurance. <br />2. If we defend an insured against a "suit" and <br />an indemnitee of the insured is also named <br />as a party to the "suit", we will defend that <br />indemnitee if all of the following conditions <br />are met: <br />a. The "suit" against the indemnitee seeks <br />damages for which the insured has as- <br />sumed the liability of the indemnitee in a <br />contract or agreement that is an "in- <br />sured contract'-; <br />b. This insurance applies to such liability <br />assumed by the insured: <br />c. The obligation to defend, or the cost of <br />the defense of, that indemnitee, has also <br />been assumed by the insured in the same <br />"insured contract "; <br />d. The allegations in the 'suit" and the in- <br />formation we know _bout the "occur- <br />rence" are such that no conflict appears <br />to exist between the interests of the <br />insured and the interests of the indem- <br />nitee; <br />e, The indemnitee and the insured ask us to <br />conduct and control the defense of that <br />indemnitee against such "suit" and agree <br />that we can assign the same counsel to <br />defend the insured and the indemnitee; <br />and <br />f. The indemnitee: <br />(1) Agrees in writing to; <br />(aj Cooperate with us in the inves- <br />tigation, settlement or defense <br />of the "suit'; <br />(b) Immediately send us copies of <br />any demandsr notices, sum- <br />monses or legal papers received <br />in connection with the "suit', <br />(c) Notify any other insurer whose <br />coverage is available to the in- <br />demnitee: and <br />(ci) Cooperate with us with respect <br />to coordinating other applicable <br />insurance available to the indem- <br />nitee; and <br />(21 Provides us with written authoriza- <br />tion to: <br />(a) Obtain records and other irifor <br />matron related to the 'suit'; and <br />Ibi Conduct and control the defense <br />of the indemnitee in such 'suit". <br />So long as the above conditions are met, <br />attorneys' fees incurred by us in the de- <br />fense of that indemnitee, necessary litiga- <br />tion expenses incurred by us and necessary <br />litigation expenses incurred by the indemni- <br />tee at our request will be paid as Supple- <br />mentary Payments. Notwithstanding the pro- <br />visions of Paragraph 2.b. {21 of SECTION I - <br />COVERAGE A - 13001LY INJURY AND PROP- <br />ERTY DAMAGE LVLBiLfiY, such payments will <br />not be deemed to be damages for "bodily <br />injury" and 'property damage" and will not <br />reduce the limits of insurance. <br />Our obligation to defend an insureds indem- <br />nitee and to pay for attorneys' fees and nec- <br />essary litigation expenses as Supplemen- <br />tary Payments ends when: <br />a. We have used up the applicable lima of <br />insurance in the payment of judgments <br />or settlements; or <br />b. The conditions set forth above, or the <br />terms of the agreement described in <br />Paragraph f. above. are no longer met. <br />SECTION 11 - WHO IS AN INSURED <br />1. If you are designated in the Declarations as: <br />a. An individual, you and your spouse are <br />insureds, but only with respect to the <br />conduct of a business of which you are <br />the sole owner. <br />b. A partnership or joint venture, you are <br />an insured. Your members, your part- <br />ners, and their spouses are also insureds, <br />but only with respect to the conduct of <br />your business. <br />c. A limited liability company, you are an <br />insured Your members are also insureds, <br />but only with respect to the conduct of <br />your business. Your managers are in- <br />sureds, but only with respect to their <br />duties as your managers. <br />d_ An organization other than a partner- <br />ship, joint venture or limited liability com- <br />pany, you are an insured. Your "execu- <br />tive officers" and directors are insureds, <br />but only with respect to their duties as <br />your officers or directors. Your stock- <br />holders are also insureds, but only with <br />respect to their liability as stockholders. <br />Includes casyripr!se malarial of Inar.— Ser—P, CH CO. Ina, Wh ns pamss on <br />:apyriq +I, InsWanaa O#fiaa. ••.a, 1447 <br />9S2001 Ed. 4 -99 CaoyrVl, 19S9_ slarysana Casuary Carpany as !o addnanal -alt anc •avie s Page 8 of 17 <br />