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DocuSign Envelope ID:8B670D51-A7FD-4694-8E94-963553021305 <br /> TERMS, CONDITIONS AND OTHER PROVISIONS <br /> MANAGEMENT & PROFESSIONAL LIABILITY POLICY <br /> DEFINITIONS <br /> Defense Costs - continued <br /> a. Wage, salary,benefit or overhead expenses of an "insured"; <br /> b. Any attorneys' fees, disbursements, costs or expenses incurred in connection with an affirmative <br /> claim by or on behalf of an "insured" including counterclaims, cross-claims or third-party claims, <br /> except for claims for contribution or indemnity asserted with the "insurance organization's" consent <br /> against persons or parties not insured under this Policy; or <br /> c. Amounts that are incurred in connection with providing any collateral that may be required for <br /> obtaining any appeal bond, or other similar bond or any obligation to provide such collateral. <br /> Director Or Officer <br /> "Director or officer" means: <br /> a. Any natural person who was, is now or becomes in the future a duly elected or appointed officer, <br /> director, member of the board of managers, or management committee of the "insured <br /> organization"; <br /> b. With respect to a "subsidiary" incorporated or chartered outside the United States of America, any <br /> natural person who was, is now or becomes in the future in a position that is the functional <br /> equivalent of any duly elected or appointed officer or director of that"subsidiary"; <br /> c. With respect to any"insured organization" that is a non-profit entity, any natural person who was,is <br /> now or becomes in the future a duly elected or appointed officer, director, member of the audit <br /> committee, member of the supervisory committee, or trustee; or <br /> d. Only with respect to Fiduciary Liability Coverage made part of this Policy, any natural person who <br /> was, is now or becomes in the future a duly elected or appointed trustee, officer or director of any <br /> "insured plan." <br /> Domestic Partner <br /> "Domestic partner" means any natural person qualifying as a domestic partner under the provisions of <br /> any applicable federal, state or local law or under the provisions of any formal written program <br /> established by the "insured organization." <br /> Employee <br /> "Employee" means any natural person, other than a "director or officer," "leased employee," <br /> "volunteer" or "independent contractor," whether their employment status is full-time, part-time, <br /> temporary or seasonal,who: <br /> a. Has provided, is providing, or seeks to provide in the future labor or service within the scope of the <br /> performance of their assigned duties at the direction of the "insured organization" in the conduct of <br /> its business; and <br /> MPL 0002 07 13 CUMIS Insurance Society, Inc. Page 5 of 30 <br />