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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 />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 about 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 />(a) Cooperate with us in the inves- <br />tigation, settlement or defense <br />of the "suit"; <br />(b) Immediately send us copies of <br />any demands, 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 />4 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 infor <br />matron related to the "suit; and <br />(b) 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.(2) of SECTION I - <br />COVERAGE A - BODILY INJURY AND PROP- <br />ERTY DAMAGE LIABILITY, 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 limit 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 II -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 eaeyriHic —1.-1 of Inw:anc. S. "I ClIze, Ina, w.1h ns p.rm�ssan <br />C.1309,f, 141U.— 5--:11 011ie.. ••.a , 1'197 <br />9S2001 Ed, 4 -99 Caeyrq.l, 1999. Maryland Casaary Coveany as to addn,cnal taae a.r. •.vis.e-s Page 8 of 17 <br />