Bush, Roed & Hitchings Inc. 2/23/2017

3. We will pay the following as expenses, "claim" or "suit" against the "Insured." to the extent that they are not included We will, however, have the right and will in the coverage in the underlying poli- be given the opportunity to participate in cies listed in the Schedule of Under- the settlement, defense and trial of any lying Insurance or in any other insur- "claim" or "suit" relative to any "occur- ance providing coverage to the "In- rence" which, in our opinion, may create sured": liability on our part under the terms of this policy. If we exercise such right, we will a. premiums on bonds to release at- do so at our own expense. tachments, which bond amounts will not exceed our Limits of In- Iv. EXCLUSIONS surance, but we are not obligated to apply for or furnish any such This insurance does not apply to: bond; A. "Bodily injury" or "property damage" ex- b. premiums on appeal bonds, pected or intended from the standpoint of which bond amounts will not ex- the "Insured." This exclusion does not ap- ceed our policy limits, required by ply to "bodily injury" resulting from the law to appeal any "claim" or use of reasonable force to protect persons "suit" we defend, but we are not or property. m • obligated to apply for or furnish any such bond; B. Any obligation of the "Insured" under a Workers Compensation, Unemployment c. all costs taxed against the "In- Compensation or Disability Benefits Law, sured" in any "claim" or "suit" or under any similar law, regulation or we defend; ordinance. d. pre judgment interest awarded C. Any obligation of the "Insured" under the against the "Insured" on that part Employee Retirement Income Security Act of the judgment we pay that is of 1974 or any amendments to that act, or within our applicable Limits of In- under any similar law, regulation or ordi- surance. If we make an offer to nance. pay the applicable Limits of Insur- ance, we will not pay any pre- D. Any obligation of the "Insured" under a judgment interest based on the No Fault, Uninsured Motorist or Underin- period of time after the offer; sured Motorist law, or under any similar law, regulation or ordinance. e. all interest that accrues after entry of judgment and before we have E. "Property damage" to "impaired property" paid, offered to pay or deposited or property that has not been physically in court the part of the judgment injured, arising out of: that is within our applicable Limit of Insurance; 1. a defect, deficiency, inadequacy or dangerous condition in "your product" f. the "Insured's" actual and reason- or "your work"; or able expenses incurred at our re- quest. 2. a delay or failure by you or anyone acting on your behalf to perform a con- C. We will not investigate any "claim" or de- tract or agreement in accordance with fend any "suit" after our applicable Limits its terms. of Insurance have been exhausted by pay- ment of judgments or settlements. This exclusion does not apply to the loss of use of other property arising out of D. In all other instances except Subsection A. sudden and accidental physical injury to in Section III. DEFENSE, we will not be "your product" or "your work" after it has obligated to assume charge of the inves- been put to its intended use. tigation, settlement or defense of any CU 60 02 06 97 (Page 3 of 15)