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b. The following is added to Paragraph b. Excess Insurance: <br />When a written contract or written agreement, other than a premises lease, facilities rental contract or <br />agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political <br />subdivision between you and an additional insured does not require this insurance to be primary or <br />primary and non-contributory, this insurance is excess over any other insurance for which the addi- <br />tional insured is designated as a Named Insured. <br />Regardless of the written agreement between you and an additional insured, this insurance is excess <br />over any other insurance whether primary, excess, contingent or on any other basis for which the <br />additional insured has been added as an additional insured on other policies. <br />I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" <br />This provision applies to any person or organization who qualifies as an additional insured under any form <br />or endorsement under this policy. <br />1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: <br />An additional insured under this endorsement will as soon as practicable: <br />a. Give written notice of an "occurrence" or an offense that may result in -a claim or "suit" under <br />this insurance to us; <br />b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have <br />insurance available to the additional insured; and <br />c. Agree to make available any other insurance which the additional insured has for a loss we <br />cover under this Coverage Part. <br />d. We have no duty to defend or indemnify an additional insured under this endorsement until <br />we receive written notice of a "suit" by the additional insured. <br />2. The limits of insurance applicable to the additional insured are those specified in a written contract <br />or written agreement or the limits of insurance as stated in the Declarations of this policy and <br />defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are <br />inclusive of and not in addition to the limits of insurance available under this policy. <br />J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE <br />WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES <br />Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: <br />(1) "Bodily injury" or "personal and advertising injury": <br />(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if <br />you are a limited liability company), to a co -"employee" while in the course of his or her employ- <br />ment or performing duties related to the conduct of your business, or to your other "volunteer <br />workers" while performing duties related to the conduct of your business; <br />(b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a <br />consequence of Paragraph (1) (a) above; <br />(c) For which there is any obligation to share damages with or repay someone else who must pay <br />damages because of the injury described in Paragraphs (1) (a) or (b) above; or <br />(d) Arising out of his or her providing or failing to provide professional health care services. However, <br />if you are not in the business of providing professional health care services or providing profes- <br />sional health care personnel to others, or if coverage for providing professional health care ser- <br />vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not <br />apply. <br />Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by <br />an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means <br />the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- <br />ees" of yours. However, non of these "employees" are insureds for "bodily injury" or "personal and <br />20113,iberly Mutual Insurance <br />CG 88 10 04 13 Includes i d Ate I of.1i s r ce Services Office, Inc, with its permission. Page 6 of 8 <br />