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G-00000-A <br />(Ed. ) <br />(2)assumed in a contract or agreement that is an insured contract provided the offense 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 litigation 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 party's defense has 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 SUPPLEMENTARYPAYMENTS–COVERAGESAANDB: <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 2.f.(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 />D.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 />17.PROPERTYDAMAGE–ELEVATORS <br />A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled <br />Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and <br />(6) of the Damage to Property Exclusion do not apply to property damage that results from the use of <br />elevators. <br />B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, <br />the Other Insurance conditions is amended to add the following paragraph: <br />This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any <br />other basis that is Property insurance covering property of others damaged from the use of elevators. <br />18. SUPPLEMENTARY PAYMENTS <br />The section entitled SUPPLEMENTARYPAYMENTS–COVERAGESAANDB is amended as follows: <br />A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a <br />$5,000. limit; and <br />B.Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a <br />$1,000. limit. <br />G-00000-A Page 12 of 13 <br />(Ed. ) <br />Attachment Code: D524693 Certificate ID: 18166892 <br />Policy Number: TCP 7024348-11 <br />43