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PI-SAM-008 (05/19) <br />the services which you provide and the "claim" arises out of the provision of these services; <br />j. Any "defense costs" associated with a criminal trial including appeals; <br />k. "Abusive conduct" that predates the inception of this policy notwithstanding that such <br />"abusive conduct" may continue into this policy period; <br />I. Any "claim" arising out of, based upon or attributable to: <br />(1) Any litigation or demand against an insured pending on or before the inception of this <br />policy, including any future litigation or demand based on the prior or pending litigation <br />that is derived from the same or essentially the same facts as alleged in such prior <br />litigation; <br />(2) Any "abusive conduct," fact, circumstance or situation which has been the subject of any <br />written notice given under any other policy of insurance prior to inception of this policy; or <br />(3) Any "abusive conduct," fact, circumstance or situation of which, as of the inception of this <br />policy, the insured had knowledge and from which the insured could reasonably expect a <br />"claim" to arise; or <br />m. Any "claim" or "suit" arising out of sexual discrimination and/or sexual harassment, whether <br />asserted under any federal or state statute or the common or civil law of any jurisdiction. <br />B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE <br />We will also pay on your behalf "defense costs" for an "employee" or "volunteer worker" who is <br />alleged to be directly involved in "abusive conduct" until such time as that individual is adjudicated to <br />be a wrongdoer or enters a plea of no -contest. <br />This coverage does not apply to any "employee" or "volunteer worker" who knowingly allows the <br />"abusive conduct." <br />SECTION II — WHO IS AN INSURED <br />A. You are an insured. <br />B. Each of the following is also an insured: <br />1. Your directors, but only for liability arising from their duties as your directors; <br />2. Your "employees," but only for liability arising within the scope of their employment duties for <br />you; <br />3. Your "volunteer workers" but only for liability arising within the scope of their volunteer duties <br />related to the conduct of your organization; and <br />PI-SAM-008 (05/19) <br />Page 4 of 10 DMdon <br />©2019 Philadelphia Consolidated Holding Corp. REmEwED&APPRW®ar. <br />Includes copyrighted material of Insurance Services Office, Inc., with pei ' A,& e Accv44 <br />®' Risk Management Specialist <br />