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<br />necessary litigation expenses incurred by us and <br />necessary litigation expenses incurred by the <br />indemnitee at our request will be paid as <br />Supplementary Payments. Notwithstanding the <br />provisions of Paragraph 2.b.(2) of Section I <br />Coverage A - Bodily Injury And Property Damage <br />Liability. such payments will not be deemed to be <br />damages for "bodily injurylt and "property damage" and <br />will not reduce the limits of insurance. <br />Our obligation to defend an insured's indemnitee and <br />to pay for attorneys' fees and necessary litigation <br />expenses as Supplementary Payments ends when: <br />a. We have used up the applicable limit of insurance <br />in the payment of judgments or settlements; or <br />b. The conditions set forth above. or the terms of the <br />agreement described in Paragraph f. above I are no <br />longer met. <br />SECTION II - WHO IS AN INSURED <br /> <br />1. If you are designated in the Declarations as: <br />a. An individual. you and your sppuse are insureds. <br />but only with respect to 'the conduct of a business <br />of which you are the sole owner, <br />b. A partnership or joint venture. you are an insured. <br />Your members. your partners. and their spouses <br />are also insuredS'; but only with respect, to the <br />conduct of your business. <br />c. A limited liability company. you are an insured. <br />Your members are also insureds, but only with <br />respect to the conduct of your business. Your <br />managers are insureds, but only with respect to <br />their duties as your managers. <br />d. An organization other than a partnership. joint <br />venture or limited liability company, you are an <br />insured. Your "executive officerslf and directors are <br />insureds. but only with respect to their duties as <br />your officers or directors. Your stockholders are <br />also insureds. but only with respect to their liability <br />as stockholders. <br />e. A trust. you are an insured. Your trustees are also <br />insureds, but oniy with respect to their duties as <br />trustees. <br />2. Each of the following is also an insured: <br />a. Employees and Volunteer workers <br />Your "volunteer workers" only while performing <br />duties related to the conduct of your business. or <br />your "employees", other than either your "executive <br />officers" (if you are an organization other than a <br />partnership, joint venture or limited liability <br />company) or your managers (if you are a limited <br />liability company), but only for acts within the scope <br />of their employment by you or while performing <br />duties related to the conduct of your business. <br /> <br />HG 00 01 06 05 <br /> <br />However, none of these "employees" or "volunteer <br />workers" are insureds for: <br />(1) "Bodily injury" or "personal and advertising <br />injury": <br />(a) To you, to your partners or members (if you <br />are a partnership or joint venture), to your <br />members (if you are a limited liability <br />company), to a co-"employee" while in the <br />course of his or her employment or <br />performing duties related to the conduct of <br />your business, or to your other "volunteer <br />workers" while performing duties related to <br />the conduct of your business; <br />(b) To the spouse, child, parent. brother or sister <br />of that co- "employee" or that "volunteer <br />worker" as a consequence of Paragraph <br />(1)(a) above; <br />,(c) For which there is any obligation to share <br />damages with or repay someone else who <br />must pay damages because of the injury <br />described in Paragraphs (1)(a) or (b) above; <br />or <br />(d) Arising out of his or her providing or failing to <br />provide professional health care services. <br />If you ~re not in the business of providing <br />professional health care services. Paragraph (~) <br />does not apply to any nurse. emergency <br />medical 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 control of, <br />or over which physical control is being <br />exercised for any purpose by <br />you. any of your "employees", ''volunteer <br />workers", any partner or member (if you are a <br />partnership or joint venture), or any member (if <br />you are a limited liability 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. but <br />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 be~n <br />appointed. <br />d. legal Representative If You Die <br />Your legal representative if you die. but only with <br />respect to duties as such. That representatiye will <br /> <br />Page 9 of 18 <br />