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<br />ANI RRG E32 01 17 Page 4 of 10
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<br />r. Claims for Non-Monetary Relief
<br />Any criminal, investigative or administrative proceeding or any claim or “suit” seeking non-
<br />monetary relief, including but not limited to injunctive relief, declaratory relief or restraining orders.
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<br />s. Pollution
<br />“Damages” arising out of the actual, alleged or threatened discharge, dispersal, seepage,
<br />migration, release or escape of “pollutants” at any time.
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<br />t. Pollution-related
<br />Any “damages” for any loss, cost or expense arising out of any:
<br />(1) Request, demand, order or statutory or regulatory requirement that any insured or
<br />others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any
<br />way respond to, or assess the effects of, “pollutants”; or
<br />(2) Claim or “suit” by or on behalf of a governmental authority because of testing for,
<br />monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in
<br />any way responding to, or assessing the effects of, “pollutants.”
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<br />u. Infringement Of Copyright, Patent, Trademark Or Trade Secret
<br />Any “damages” arising out of the infringement of copyright, patent, trademark, trade secret or
<br />other intellectual property rights.
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<br />SECTION II – SUPPLEMENTARY PAYMENTS
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<br />1. We will pay, with respect to any claim we investigate or settle, or any “suit” against an insured we defend:
<br /> a. All expenses we incur.
<br />b. The cost of bonds to release attachments, but only for bond amounts within the applicable limit
<br />of insurance. We do not have to furnish these bonds.
<br />c. All reasonable expenses incurred by the insured at our request to assist us in the investigation
<br />or defense of the claim or “suit,” including actual loss of earnings up to $1,000 a day because of
<br />time off from work.
<br />d. All court costs taxed against the insured in the “suit.” However, these payments do not include
<br />attorneys’ fees or attorneys’ expenses taxed against the insured.
<br />e. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we
<br />make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest
<br />based on that period of time after the offer.
<br />f. All interest on the full amount of any judgment that accrues after entry of the judgment and
<br />before we have paid, offered to pay, or deposited in court the part of the judgment that is within
<br />the applicable limit of insurance.
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<br />2. If we defend an insured against a “suit” and an indemnitee of that insured, pursuant to an “insured
<br />contract,” is also named as a party to the “suit”, we will defend that indemnitee if all of the following
<br />conditions are met:
<br />a. The “suit” against the indemnitee seeks “damages” for which that insured has assumed the
<br />liability of the indemnitee in that “insured contract”;
<br />b. This insurance applies to such liability assumed by that insured in that “insured contract”;
<br />c. The obligation to defend, or the cost of defense of, that indemnitee, has also been assumed by
<br />that insured in that same “insured contract”;
<br />d. The allegations in the “suit” and the information that we know about the “suit” are such that no
<br />conflict appears to exist between the interests of that insured and the interests of that indemnitee;
<br />e. The indemnitee and that insured ask us to conduct and control the defense of that indemnitee
<br />against such “suit” and agree that we can assign the same counsel to defend that insured and the
<br />indemnitee; and
<br />f. The indemnitee:
<br /> (1) Agrees in writing to:
<br /> (a) Cooperate with us in the investigation, settlement or defense of the “suit”;
<br />DocuSign Envelope ID: 81A61471-345A-47F9-8A2D-36F7929A6637
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