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CNA <br />General Liability Extension Endorsement J <br />attachment of an additional insured endorsement to this Coverage Part. <br />16, PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY <br />A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled <br />Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the <br />following: <br />This Insurance does not apply to: <br />Contractual Liability <br />Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. <br />This exclusion does not apply to liability for damages: <br />(1) that the Insured would have In the absence of the contract or agreement; or <br />(2) assumed in a contract or agreement that is an Insured contract provided the coarse that caused such <br />personal or advertising injury first occurred subsequent to the execution of such insured contract. <br />Solely for the purpose of liability assumed in an Insured contract, reasonable attorney fees and <br />necessary litlgalion expenses incurred by or for a party other than an Insured are deemed to be <br />damages because of personal and advertising injury provided; <br />(a) liability to such party for, or for the cost of, that partys defense hes also been assumed In such <br />Insured contract; and <br />(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative <br />dispute resolution proceeding In which covered damages are alleged. <br />B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the <br />definition of Insured contract in its entirety, and replace it with the following: <br />Insured contract means that part of a written contract or written agreement pertaining to the Named <br />Insured's business under which the Named Insured assumes the tort liability of another party to pay for <br />personal or advertising injury arising out of the offense of false arrest, detention or Imprisonment. Tort <br />liability means a liability that would be imposed by law in the absence of any contract or agreement. <br />C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the <br />Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: <br />1. Paragraph 2.d, is replaced by the following: <br />d. The allegations in the suit and the information the Insurer knows about the offense alleged In such <br />suit are such that no conflict appears to exist between the interests of the Insured and the interests <br />of the Indemnitee; <br />2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following: <br />So long as the above conditions are met, attorneys fees Incurred by the Insurer In the defense of that <br />Indemnitee, necessary litigation expenses Incurred by the Insurer, and necessary litigation expenses <br />Incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the <br />provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), <br />such payments will not be deemed to be damages for personal and advertising injury and will not <br />reduce the limits of insurance. <br />0. This PERSONAL AND ADVERTISING INJURY . LIMITED CONTRACTUAL LIABILITY Provision does not <br />apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement <br />attached to this Coverage Part. <br />vN.vracraAA t1 -15i polio No: <br />Page 12 at 13 Endorsement No: <br />Insured Name: Effective Date: <br />Copyright CNA Ali nights Reserved. Includes ccll fthled material of Insurance services office, Inc„ wilh Its permission C 1 41) <br />J <br />WE��l1ll llJaret Mercer at 5:44 pm, Oct 31;'2017. <br />