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(2) Provides us with written authorization to: (a) Obtain records and other information .related to the "sufe`, and (b) Co1ri(innt and rontrnl the 1pfprisp tiff the indeninitee in such "suit ". So long as the above - conditions :are met, attar- net's' fees incurred by us in the defense of that in- demnitee, necessary Iffigation expenses incurred by us and :necessary; litigation expenses :incurred by the indernnitee at our request will be paid as Supplernontary Payments. Notwithstanding .,tho "provisions of Paragraph 2.b.(2) of Section .1 l- Cov- erage A - Bodlly Injury'And Property Damage 0- ability, such payments will not be deemed to -be da`magea:for"bodily injury" and "property damage" and will not reduce the limits of insurance: Our obligation toc defend an insured's indemnitee and to pay foi attuineys';fees and necessary litiga- tion expenses as Supplbmentary.Payrrents :ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle= merits;, or b. The condittons set forth above; or the terms of the agreement described in Paragraph .'f above, are- nolongermet SECTioN If -'WHO is AN INsuRED 1. If you are :designated InAhe Declarations as: a. An: you and your spouse are :ihsur- eds, but only with respect to the conduct of business of which you are the sole owner: b. -A partnership or joint venture; you are an in- sured. Your members, your partners,:ad7d their spouses are also insureds, but only with re- spect to the conduct of your business. c. -A limited liability company, you `are an insuf6d. Your, meribers 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. 'An, 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. Yout Stock - holders are also insureds, but enly with respect to their'lia6ility as stockholders. 2. Each of the following is also an insured: a. Your "employees", other than either your "ex- ecutive officers" (if you, are an :organization other than; a:partnersh(p; joint venture or limited liability company),or.your.managers (if you are a- tinlitetl' liability corrij?ahy), but only for acts Within the scope of their: employment by you; or white pbrforming duties related to the conduct of your business. However, none of these ployees" is an insured for: (1) '`Bodily injury" or "personal and advertising injury ":: (a) To you; to your partners or tnernbers (if you are ea partnership or joint venture), to your members (if you are a limited liabil- ity company), or to a co- "employee" while that co- "employee" is either in. the course: of his or her employment orper- forming duties related to the conduct of Your business; (b) To`the spouse, child, parent, brother or sister of that co-"employee "as a conse- quence of.Paragraph (1)(a) above; (c) For which there is any bligation to share damages with or repay someone else who must pay damages because,of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care seryices. (2) "Property damage'` Co property: (a) Owned, occupied or used by, (b) Rontod to, in tho cara,-ouctody or control of,, or over which physical control is be- ing exercised for any purpose -by ynu, any of ynur " empinyees"„ :any partner or member (if you area partnership .or =joint venture) or any member (if you area lim- ited liabifitycompany). b. Any person (other than your "employee "),.lor ahy organization while ;acting as your real es- tata manager. C. Any person or organization having proper tem- po . rary custody of your 'property if, you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; acid (2) ,Until your legal representative has been appointed: Reviewed: �_ +e of 16 CG 00 0167 98 Copyright, Insurance - Services Office; Inc., 1997 Page 7 of 13