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Page 10 of 21 HG 00 01 09 16 <br />any insured, if benefits for the "bodily injury" are <br />payable or must be provided under a workers' <br />compensation or disability benefits law or a <br />similar law. <br />e. Athletics Activities <br />To a person injured while practicing, <br />instructing or participating in any physical <br />exercises or games, sports, or athletic <br />contests. <br />f. Products-Completed Operations Hazard <br />Included within the "products-completed <br />operations hazard". <br />g. Coverage A Exclusions <br />Excluded under Coverage A. <br />SUPPLEMENTARY PAYMENTS – COVERAGES <br />A AND B <br />1.We will pay, with respect to any claim we <br />investigate or settle, or any "suit" against an <br />insured we defend: <br />a.All expenses we incur. <br />b.Up to $1,000 for cost of bail bonds required <br />because of accidents or traffic law violations <br />arising out of the use of any vehicle to which <br />the Bodily Injury Liability Coverage applies. <br />We do not have to furnish these bonds. <br />c.The cost of appeal bonds or bonds to release <br />attachments, but only for bond amounts <br />within the applicable limit of insurance. We do <br />not have to furnish these bonds. <br />d.All reasonable expenses incurred by the <br />insured at our request to assist us in the <br />investigation or defense of the claim or "suit", <br />including actual loss of earnings up to $500 a <br />day because of time off from work. <br />e.All court costs taxed against the insured in <br />the "suit". However, such costs do not <br />include attorneys' fees, attorneys' expenses, <br />witness or expert fees, or any other expenses <br />of a party taxed to the insured. <br />f.Prejudgment interest awarded against the <br />insured on that part of the judgment we pay. If <br />we make an offer to pay the applicable limit of <br />insurance, we will not pay any prejudgment <br />interest based on that period of time after the <br />offer. <br />g.All interest on the full amount of any judgment <br />that accrues after entry of the judgment and <br />before we have paid, offered to pay, or <br />deposited in court the part of the judgment <br />that is within the applicable limit of insurance. <br />These payments will not reduce the limits of <br />insurance. <br />2.If we defend an insured against a "suit" and an <br />indemnitee of the insured is also named as a <br />party to the "suit", we will defend that indemnitee <br />if all of the following conditions are met: <br />a.The "suit" against the indemnitee seeks <br />damages for which the insured has assumed <br />the liability of the indemnitee in a contract or <br />agreement that is an "insured contract"; <br />b.This insurance applies to such liability <br />assumed by the insured; <br />c.The obligation to defend, or the cost of the <br />defense of, that indemnitee, has also been <br />assumed by the insured in the same "insured <br />contract"; <br />d.The allegations in the "suit" and the <br />information we know about the "occurrence" <br />are such that no conflict appears to exist <br />between the interests of the insured and the <br />interests of the indemnitee; <br />e.The indemnitee and the insured ask us to <br />conduct and control the defense of that <br />indemnitee against such "suit" and agree that <br />we can assign the same counsel to defend <br />the insured and the indemnitee; and <br />f.The indemnitee: <br />(1)Agrees in writing to: <br />(a)Cooperate with us in the investigation, <br />settlement or defense of the "suit"; <br />(b)Immediately send us copies of any <br />demands, notices, summonses or legal <br />papers received in connection with the <br />"suit"; <br />(c)Notify any other insurer whose <br />coverage is available to the <br />indemnitee; and <br />(d)Cooperate with us with respect to <br />coordinating other applicable <br />insurance available to the indemnitee; <br />and <br />(2)Provides us with written authorization to: <br />(a)Obtain records and other information <br />related to the "suit"; and <br />(b)Conduct and control the defense of the <br />indemnitee in such "suit". <br />So long as the above conditions are met, <br />attorneys' fees incurred by us in the defense of <br />that indemnitee, <br />necessary litigation expenses incurred by us and <br />necessary litigation expenses incurred by the <br />indemnitee at our request will be paid as <br />Supplementary Payments. Notwithstanding the <br />provisions of Paragraph 2.b.(2)of Section I – <br />Coverage A – Bodily Injury And Property <br />Damage Liability, such payments will not be <br />deemed to be damages for "bodily injury" and <br />"property damage" and will not reduce the limits <br />of insurance. <br />Docusign Envelope ID: D5A391BD-DDF5-4DBF-90C7-138B00DFD5AD