2016-325-E Health - The NC Public Health Foundation for smoking cessation counseling

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DocuSign Envelope ID:91 F43AFA-8CB4-4861-887A-F304C7A6614B (2) Provides us with written authorization to: 2. Each of the following is also an insured: (a) Obtain records and other information a. Your "employees", other than either your "ex- related to the"suit"; and ecutive officers" (if you are an organization (b) Conduct and control the defense of the other than a partnership,joint venture or limited indemnitee in such "suit". liability company) or your managers (if you are So long as the above conditions are met, attor- a limited liability company), but only for acts g within the scope of their employment by you or neys' fees incurred by us in the defense of that in- while performing duties related to the conduct demnitee, necessary litigation expenses incurred of your business. However, none of these "em- by us and necessary litigation expenses incurred ployees" is an insured for: by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the (1) "Bodily injury' or "personal and advertising provisions of Paragraph 2.b.(2) of Section I—Cov- injury': erage A — Bodily Injury And Property Damage Li- (a) To you, to your partners or members (if ability, such payments will not be deemed to be you are a partnership or joint venture), to damages for "bodily injury' and "property damage" your members (if you are a limited liabil- and will not reduce the limits of insurance. ity company), or to a co-"employee" Our obligation to defend an insured's indemnitee while that co "employee" is either in the and to pay for attorneys'fees and necessary litiga course of his or her employment or per- tion expenses as Supplementary Payments ends forming duties related to the conduct of when: your business; a. We have used up the applicable limit of insur- (b) To the spouse, child, parent, brother or ance in the payment of judgments or settle sister of that co "employee" as a copse ments; or quence of Paragraph (1)(a) above; b. The conditions set forth above, or the terms of (c) For which there is any obligation to the agreement described in Paragraph f. share damages with or repay someone above, are no longer met. else who must pay damages because of the injury described in Paragraphs (1)(a) SECTION II—WHO IS AN INSURED or(b)above; or 1. If you are designated in the Declarations as: (d) Arising out of his or her providing or a. An individual, you and your spouse are insur- failing to provide professional health eds, but only with respect to the conduct of a care services. business of which you are the sole owner. (2) "Property damage"to property: b. A partnership or joint venture, you are an in- (a) Owned, occupied or used by, sured. Your members, your partners, and their spouses are also insureds, but only with re- (b) Rented to, in the care, custody or control spect to the conduct of your business. of, or over which physical control is be ing exercised for any purpose by c. A limited liability company, you are an insured. Your members are also insureds, but only with you, any of your "employees", any partner respect to the conduct of your business. Your or member (if you are a partnership or joint managers are insureds, but only with respect to venture), or any member (if you are a lim their duties as your managers. ited liability company). d. An organization other than a partnership, joint b. Any person (other than your "employee"), or venture or limited liability company, you are an any organization while acting as your real es insured. Your "executive officers" and directors tate manager. are insureds, but only with respect to their du- c. Any person or organization having proper tem- ties as your officers or directors. Your stock- porary custody of your property if you die, but holders are also insureds, but only with respect only: to their liability as stockholders. (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 7 of 13 ❑