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(b) Conduct and control the defense of the <br />indemnitee in such "suit ". <br />So long as the above conditions are met, attor- <br />neys' fees incurred by us in the defense of that in- <br />demnitee, necessary litigation expenses incurred <br />by us and necessary litigation expenses incurred <br />by the indemnitee at our request will be paid as <br />Supplementary Payments. Notwithstanding the <br />provisions of Paragraph 2.b.(2) of Section I — Cov- <br />erage A — Bodily Injury And Property Damage Li- <br />ability, such payments will not be deemed to be <br />damages for "bodily injury" and "property damage" <br />and will not reduce the limits of insurance. <br />Our obligation to defend an insured's indemnitee <br />and to pay for attorneys' fees and necessary litiga- <br />tion expenses as Supplementary Payments ends <br />when we have used up the applicable limit of in- <br />surance in the payment of judgments or settle- <br />ments or the conditions set forth above, or the <br />terms of 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 insur- <br />eds, but only with respect to the conduct of a <br />business of which you are the sole owner. <br />b. A partnership or joint venture, you are an in- <br />sured. Your members, your partners, and their <br />spouses are also insureds, but only with re- <br />spect to the 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 <br />to 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 officers" and directors <br />are insureds, but only with respect to their du- <br />ties as your officers or directors. Your stock- <br />holders are also insureds, but only with respect <br />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 du- <br />ties as trustees. <br />2. Each of the following is also an insured: <br />a. Your "volunteer workers" only while performing <br />duties related to the conduct of your business, <br />or your "employees ", other than either your <br />"executive officers" (if you are an organization <br />other than a partnership, joint venture or limited <br />liability company) or your managers (if you are <br />a limited liability company), but only for acts <br />within the scope of their employment by you or <br />while performing duties related to the conduct <br />of your business. However, none of these "em- <br />ployees" or "volunteer workers" are insureds <br />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 li- <br />ability company), to a co- "employee" <br />while in the course of his or her em- <br />ployment or performing duties related to <br />the conduct of your business, or to your <br />other "volunteer workers" while perform- <br />ing duties related to the conduct of your <br />business; <br />(b) To the spouse, child, parent, brother or <br />sister of that co- "employee" or "volun- <br />teer worker" as a consequence of Para- <br />graph (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 of <br />the injury described in Paragraphs (1)(a) <br />or (b) above; or <br />(d) Arising out of his or her providing or <br />failing to provide professional health <br />care services. <br />(2) "Property damage" to property: <br />(a) Owned, occupied or used by, <br />(b) Rented to, in the care, custody or con- <br />trol of, or over which physical control is <br />being exercised for any purpose by <br />you, any of your "employees ", "volunteer <br />workers ", any partner or member (if you are <br />a partnership or joint venture), or any mem- <br />ber (if you are a limited liability company). <br />CG 00 01 12 07 0 ISO Properties, Inc., 2006 Page 9 of 16 ❑ <br />