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10. Professional Services, whenever used in this policy, means legal services rendered or that should have been <br />rendered by any Insured arising out of the conduct of the Insured's profession as a lawyer, or as a lawyer acting <br />in the capacity of an arbitrator, mediator, title insurance agent or notary public. <br />11. Related Individual, whenever used in this policy, means the spouse, former spouse, children, grandchildren, <br />parents and siblings of an Insured and any trust or estate of which any of them is a beneficiary. With respect to a <br />professional corporation which is an Insured, Related Individual includes a Related Individual of each owner of <br />such professional corporation. <br />12. Temporary Contract Lawyer, whenever used in this policy, means any sawyer under the direct control or <br />supervision of the Named Insured while performing Professional Services on behalf of the Named Insured who <br />is either a temporary substitute for a permanent employee or is hired to meet temporary workload conditions. <br />EXCLUSIONS <br />THE COMPANY SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY ANY INSURED FOR, AND THIS <br />INSURANCE DOES NOT APPLY: <br />a. To any Claim based on, arising out of, any criminal act, omission or Personal Injury committed by an <br />Insured or any dishonest, fraudulent or malicious act(s), omission(s), or Personal Injury(ies) committed by <br />an Insured with actual, dishonest or fraudulent purpose or intent or with malice. As used herein, "malice" <br />means conduct which is intended by the Insured to cause injury, or conduct which is carried on by the <br />Insured with conscious disregard of the rights or safety of others. <br />However, nothing contained in the foregoing shall exclude coverage to the Insured Firm or to any other <br />Insured who has not acted with such intent nor ratified such act, omission or Personal Injury. <br />b. To any Claim made by an Insured or a present, former or prospective employee, partner, officer, director, <br />owner, stockholder, or Related Individual of any Insured unless such Claim arises solely out of <br />Professional Services rendered by the Insured in a lawyer -client relationship. <br />c. To any Claim, or any portion of a Claim for, based upon or arising from bodily injury, sickness, disease, or <br />death of any person or injury to, conversion of, or destruction of any tangible property, or to the loss of use <br />thereof. <br />d. To any Claim based upon or arising out of any Insured's activities as an officer, director, manager, partner, <br />trustee or employee of a business enterprise (other than the Named Insured), corporation, organization, <br />association or charitable organization. <br />e. To any Claim based upon or arising out of any Insured's service or capacity as: <br />a public official, or an employee of a governmental body, subdivision or agency; except if the Insured <br />is deemed -to be such solelyby reason of legal advice rendered to such governmental body for a fee <br />payable to the Named Insured; or <br />ii. a fiduciary under the Employee Retirement Income Security Act of 1974, and its amendments, or any <br />regulation or order issued pursuant thereto; except if the Insured is deemed to be a fiduciary solely by <br />reason of legal advice rendered with respect to any employee benefit plan.. <br />To any Claim based upon or arising out of the certification or acknowledgment of a signature by any <br />Insured acting in the capacity of a notary public if such certification or acknowledgment was made without <br />the contemporaneous physical presence of the individual whose act of signature was certified or <br />acknowledged. <br />g. To any Claim based upon or arising out of defects in title which any Insured had knowledge of at the date of <br />. issuance of such title insurance. <br />S1599-EO (12/98) Page 5 of 9 <br />