EAST LOS ANGELES CLASSIC THEATRE 2-2009

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turn: Leslie Mills At: In en ure Insurance Brokers Fa iD: To: Santa Ana city Attorney Office Date: 2J 12010 0 : 1 AM Page: 9 of 12 (b) Conduct and control the defense of the indemnl ee In such "suit". So long as the above conditions are met,attor- neys' fees incurred by us in the defense of that in- dernnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indernnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraphs .b. of Section I — ov- erage A — Bod i I y Injury And Property Damage Li- ability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indernnitee and to parr for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when we have used up the applicable limft of in- surance in the payment of judgments or settle- ments or the conditions set forte above, or the terms of the agreement described in Paragraph f. above, are no longer met. sECUO i i— WHO Is AN IN SU RED I if you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds, but only with respect to the conduct of a business of which you are the sole owner. b. A - partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your lousiness. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. Are organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. . Each of the following is also an insured: a. Your "volunteerworkers" only whrile performing duties related to the conduct of your business, or your "employees", other than either -your "ieecutive officers" (if you are are organization other than a partnership, joint venture or limited liability company) or your managers if you are a limited liability company), but only for acts within the scope of their employment by you or while perforating duties related to the conduct of your business. However, none of these "em- ployees" or "volunteer workersm are insureds for: (1)"Bodily injury" or "personal and advertising injury'': a To you, to your partners or members if you are a partnership or joint venture), to your members if you are a limited li- ability company), to a co -"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" " while perform- ing dupes related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volun- teer worker" as a consequence of Para- graph 1)(a) above; (o) For which there is any obligation to share damages with or repair someone else who must pay damages because of the injury described in Paragraphs 1a or b above; or d Arising out of his or her providing or failing to provide professional health care services. ( "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol of, or over which physical control is be i ng exercis ed for an y pu rpose by you, any of your "employees", "volunteer workers" any partner or member if you are a partnership or joint venture), or any mem- ber if you are a limited liability company). CG 00 01 12 07 0 ISO Properties, Inc., 2006 Pave 9 af 1613