Opening of Bids - Main & Colfax Structure Repairs Proj No. 115-143BR - Pullman SST, Inc.

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(12) A partnership, joint venture or limited liability company that you acquire or form during the policy period, but only if we have named such partnership, joint venture or limited liability company as an insured on a written endorsement that is made part of this policy. III. DEFENSE AND SETTLEMENT (A) We will have the right and duty to defend any suit covered by Insuring Agreement A, but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies. (B) We will have the right and the duty to defend any suit covered by Insuring Agreement B, but only when such suit seeks damages because of bodily injury, property damage, or personal and advertising injury that are not covered by the scheduled underlying insurance or by other insurance. (C) When we assume the defense of any suit under Paragraph (A) or (B) above, we will have the right to investigate, defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless, false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend, but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance: (1) Premiums on appeal bonds or bonds to release attachments, subject to the applicable Limits of Insurance set forth in the Declarations, provided that we will not be obligated to apply for or furnish any such bond. (2) All costs taxed against an insured in connection with the suit. (3) Pre -judgment interest awarded against the insured on that part of any judgment paid under this policy, but only such interest as shall accrue before we make a settlement offer within the policy's applicable Limits of Insurance. (4) Post -judgment interest that accrues after entry of judgment and before we have paid, offered to pay, or deposited in court, that part of the judgment that is within this policy's applicable Limits of Insurance. (5) Reasonable expenses incurred by an insured at our request or with our consent. (D) We will have no duty to defend, investigate, pay or settle, or continue to defend, investigate, pay or settle, a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss; in which case we will have the right to withdraw and discontinue our investigation or defense of such suit. (E) We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. (F) If we are prevented by law or statute from assuming our defense obligations under Paragraph (A) or (B), we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section. (G) Except as otherwise provided in this Section III. Defense and Settlement, we shall have no duty to defend any suit against an insured. We, however, will have the right, but not the duty, to associate with you in the investigation, settlement or defense of any claim or suit to which this policy applies, in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense. XCU 050 0811 © 2011 X.L. America, Inc. All Rights Reserved. Page 5 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc., with its permission.