2022-560-E-AMS-Blue Strike Environmental-Climate action plan

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BUSINESS LIABILITY COVERAGE FORM b . If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit" , we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met : necessary litigation expenses incurred ( 1 ) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments , has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1 . b . ( b ) of Section B .that is an " insured contract" ; Exclusions , such payments will not be (2 ) This insurance applies to such liability deemed to be damages for " bodily assumed by the insured ; injury" and "property damage " and will (3 ) The obligation to defend , or the cost of not reduce the Limits of Insurance . the defense of, that indemnitee , has Our obligation to defend an insured 's also been assumed by the insured in indemnitee and to pay for attorneys ' fees the same " insured contract" ; and necessary litigation expenses as (4 ) The allegations in the "suit" and the Supplementary Payments ends when : information we know about the ( 1 ) We have used up the applicable limit " occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements ; or of the insured and the interest of the (2 ) The conditions set forth above , or the indemnitee ; terms of the agreement described in (5 ) The indemnitee and the insured ask Paragraph (6) above , are no longer met. us to conduct and control the defense B . EXCLUSIONS of that indemnitee against such "suit"and agree that we can assign the 1 . Applicable To Business Liability Coverage same counsel to defend the insured This insurance does not apply to : and the indemnitee ; and a . Expected Or Intended Injury ( 6 ) The indemnitee : ( 1 ) " Bodily injury" or " property damage" ( a ) Agrees in writing to : expected or intended from the ( 1 ) Cooperate with us in the standpoint of the insured . This investigation settlement or exclusion does not apply to "bodily defense of the "suit" ; injury" or " property damage" resulting from the use of reasonable force to ( ii ) Immediately send us copies of protect persons or property ; or any demands , notices , (2 ) " Personal and advertising injury" arising summonses or legal papers out of an offense committed by , at the received in connection with direction of or with the consent or the "suit" ; acquiescence of the insured with the ( iii ) Notify any other insurer whose expectation of inflicting " personal and coverage is available to the advertising injury" . indemnitee ; and b . Contractual Liability ( iv) Cooperate with us with 1 " Bodilyu e or respect to coordinating other ( ) injury if " property pe damage" ; applicable insurance available (2 ) " Personal and advertising injury" to the indemnitee ; and for which the insured is obligated to pay ( b ) Provides us with written damages by reason of the assumption of authorization to : liability in a contract or agreement . ( 1 ) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit" ; and ( a ) " Bodily injury" , " property damage" or ( ii ) Conduct and control the "personal and advertising injury" that defense of the indemnitee in the insured would have in the such "suit" . absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24