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COMMERCIAL GENERAL LIABILITY <br />For the purposes of determining the applica- <br />ble Each Occurrence Limit, all related acts or <br />omissions committed in the providing or fail- <br />ing to provide "incidental medical services" to <br />any one person will be considered one "oc- <br />currence" ' <br />8. The following Is added to Paragraph 4.b., Ex- <br />cess Insurance, of SECTION IV — COM- <br />MERCIAL GENERAL LIABILITY CONDI- <br />TIONS: <br />This insurance is excess over any valid and <br />collectible other insurance, whether primary, <br />excess, contingent Oran any other basis, that <br />is available to any of your "employees" for <br />"bodily injury" that arises out of providing or <br />failing to provide "incidental medical services" <br />to any person to the extent not subject to <br />Paragraph 2.a.(1) of SECTION II — WHO IS <br />AN INSURED. <br />I. PERSONAL INJURY — ASSUMED BY CON- <br />TRACT <br />1. The following replaces Exclusion e., Contrac- <br />tual Liability, in Paragraph 2. of SECTION I <br />— COVERAGES — COVERAGE B PER- <br />SONAL AND ADVERTISING INJURY LI- <br />ABILITY: <br />a. Contractual Liability <br />"Personal injury" or "advertising injury" for <br />which the insured is obligated to pay <br />damages by reason of the assumption of <br />liability in a contract or agreement. This <br />exclusion does not apply lo: <br />(1) Liability for damages that the insured <br />would have in the absence of the <br />contract or agreement; or <br />(2) Liability for damages because of <br />"personal injury" assumed in a con- <br />tract or agreement that is an "insured <br />contract ", provided that the "personal <br />Injury" Is caused by an offense com- <br />mitted subsequent to the execution of <br />the contract or agreement. Solely for <br />the purposes of liability assumed in <br />an "insured contract", reasonable at- <br />tomeys fees and necessary litigation <br />expenses incurred by or for a party <br />other than an insured will be deemed <br />to be damages because of "personal <br />Injury", provided that: <br />(a) Liability to such party for, or for <br />the cost of, that party's defense <br />has also been assumed in the <br />same "insured contract "; and <br />(b) Such attorney fees and litigation <br />expenses are for defense of that <br />party against a civil or alternative <br />dispute resolution proceeding in <br />which damages to which this in- <br />surance applies are alleged. <br />2. The following replaces the third sentence of <br />Paragraph 2. of SUPPLEMENTARY PAY- <br />MENTS — COVERAGES A AND B: <br />Notwithstanding the provisions of Paragraph <br />2.b.(2) of Section I — Coverage A — Bodily In- <br />jury And Property Damage Liability or Para- <br />graph 2.e. of Section I — Coverage B — Per- <br />sonal and Advertising Injury Liability, such <br />payments will not be deemed to be damages <br />because of "bodily injury", "property damage" <br />or "personal injury", and will not reduce the <br />limits of insurance. <br />3. The following replaces Paragraph 2.d. of <br />SUPPLEMENTARY PAYMENTS — COVER- <br />AGES A AND B: <br />d. The allegations in the "suit" and the in- <br />formation we know about the "occur- <br />rence" or offense are such that no conflict <br />appears to exist between the interests of <br />the insured and the Interests of the in- <br />demnitee; <br />4. The following replaces the first subparagraph <br />of Paragraph f. of the definition of "insured <br />contract" in the DEFINITIONS Section: <br />L That part of any other contract or agree- <br />ment pertaining to your business (indud- <br />ing an indemnification of a municipality in <br />connection with work performed for a <br />municipality) under which you assume the <br />tort liability of another party to pay for <br />"bodily injury," "property damage" or "per- <br />sonal injury" to a third person or organiza- <br />tion. Tort liability means a liability that <br />would be imposed by law in the absence <br />of any contract or agreement <br />J. EXTENSION OF COVERAGE — BODILY IN- <br />JURY <br />The following replaces the definition of "bodily in- <br />jury" in the DEFINITIONS Section: <br />"Bodily injury" means bodily Injury, mental an- <br />guish, mental injury, shock, fright, disability, hu- <br />miliation, sickness or disease sustained by a per- <br />son, including death resulting from any of these at <br />any lime. <br />Page 8 of 9 ® 2008 The Travelers Companles, Inc. CG 04 58 10 08 <br />