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Our obligation to defend an insured's indemnitee <br />and to pay for attorneys' fees and necessary <br />litigation expenses as Supplementary Payments <br />ends when: <br />a. We have used up the applicable limit of <br />insurance in the payment of judgments or <br />settlements; or <br />b. The conditions set forth above, or the terms of <br />the agreement described in Paragraph f. <br />above, are no longer met. <br />SECTION II — WHO IS AN INSURED <br />1. If you are designated in the Declarations as: <br />a. An individual, you and your spouse are <br />insureds, but only with respect to the conduct <br />of a business of which you are the sole <br />owner. <br />b. A partnership or joint venture, you are an <br />insured. Your members, your partners, and <br />their spouses are also insureds, but only with <br />respect to the conduct of your business. <br />c. A limited liability company, you are an <br />insured. Your members are also insureds, but <br />only with respect to the conduct of your <br />business. Your managers are insureds, but <br />only with respect to their duties as your <br />managers. <br />d. An organization other than a partnership, joint <br />venture or limited liability company, you are <br />an insured. Your "executive officers" and <br />directors are insureds, but only with respect to <br />their duties as your officers or directors. Your <br />stockholders are also insureds, but only with <br />respect to their liability as stockholders. <br />e. A trust, you are an insured. Your trustees are <br />also insureds, but only with respect to their <br />duties as trustees. <br />2. Each of the following is also an insured: <br />a. Employees And Volunteer Workers <br />Your "volunteer workers" only while <br />performing duties related to the conduct of <br />your business, or your "employees", other <br />than either your "executive officers" (if you are <br />an organization other than a partnership, joint <br />venture or limited liability company) or your <br />managers (if you are a limited liability <br />company), but only for acts within the scope <br />of their employment by you or while <br />performing duties related to the conduct of <br />your business. <br />However, none of these "employees" or <br />"volunteer workers" are insureds for: <br />(1) "Bodily injury" or "personal and advertising <br />injury <br />(a) To you, to your partners or members (if <br />you are a partnership or joint venture), <br />to your members (if you are a limited <br />HG 00 01 09 16 <br />liability company), to a co -"employee" <br />while in the course of his or her <br />employment or performing duties <br />related to the conduct of your <br />business, or to your other "volunteer <br />workers" while performing duties <br />related to the conduct of your <br />business; <br />(b) To the spouse, child, parent, brother or <br />sister of that co -"employee" or that <br />"volunteer worker" as a consequence <br />of Paragraph (1)(a) above; <br />(c) For which there is any obligation to <br />share damages with or repay someone <br />else who must pay damages because <br />of the injury described in Paragraphs <br />(1)(a) or (1)(b) above; or <br />(d) Arising out of his or her providing or <br />failing to provide professional health <br />care services. <br />If you are not in the business of providing <br />professional health care services: <br />(a) Subparagraphs (1)(a), (1)(b) and (1)(c) <br />above do not apply to any "employee" <br />or "volunteer worker" providing first aid <br />services; and <br />(b) Subparagraph (1)(d) above does not <br />apply to any nurse, emergency medical <br />technician or paramedic employed by <br />you to provide such services. <br />(2) "Property damage" to property: <br />(a) Owned, occupied or used by, <br />(b) Rented to, in the care, custody or <br />control of, or over which physical <br />control is being exercised for any <br />purpose by <br />you, any of your "employees", "volunteer <br />workers", any partner or member (if you <br />are a partnership or joint venture), or any <br />member (if you are a limited liability <br />company). <br />b. Real Estate Manager <br />Any person (other than your "employee" or <br />"volunteer worker"), or any organization while <br />acting as your real estate manager. <br />c. Temporary Custodians Of Your Property <br />Any person or organization having proper <br />temporary custody of your property if you die, <br />but only: <br />(1) With respect to liability arising out of the <br />maintenance or use of that property; and <br />(2) Until your legal representative has been <br />appointed. <br />d. Legal Representative If You Die <br />Your legal representative if you die, but only <br />41 Page 11 of 21 <br />REVIEWED BY: EUNICE HEREDIA (PG IZOFy� <br />