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ENV-CPL 00003 00 (02/12) Page 5 of 22 <br />Includes copyrighted material of Insurance Services Offices, Inc. with its permission. <br />iv.Cooperate with us with respect to coordinating other applicable insurance available <br />to the indemnitee; and <br />(b)Provides us with written authorization to: <br />i.Obtain records and other information related to the suit; and <br />ii.Conduct and control the defense of the indemnitee in such suit. <br />So long as the above conditions are met, attorneys ’ fees incurred by us in the defense of that <br />indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses <br />incurred by the indemnitee at our request will be paid as Supplementary Payments as provided <br />under Paragraph 2. Supplementary Payments of SECTION I – COVERAGES of this policy. <br />Notwithstanding the provisions of Paragraph 1. Contractual Liability of SECTION III – <br />EXCLUSIONS of this policy, such payments will not be deemed to be damages for bodily injury, <br />property damage, environmental damage and emergency response expense and will not <br />reduce the limits of insurance. <br />Our obligation to defend an insured’s indemnitee and to pay for attorneys' fees and necessary <br />litigation expenses as Supplementary Payments, as provided under Paragraph 2. Supplementary <br />Payments of SECTION I – COVERAGES of this policy, ends when we have used up the applicable <br />limit of insurance in the payment of judgments or settlements; or the conditions set forth above, or the <br />terms of the agreement described in paragraph (6) 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 insureds, 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 insured. Your members, your partners, and their <br />spouses are also insureds, but only with respect to the conduct of your business. <br />c.A limited liability company, you are an insured. Your members are also insureds, but only with <br />respect to the conduct of your business. Your managers are insureds, but only with respect to <br />their duties as your managers. <br />d.An organization other than a partnership, joint venture or limited liability company, you are an <br />insured. Your executive officers and directors are insureds, but only with respect to their duties <br />as your officers or directors. Your stockho lders are also insureds, but only with respect to their <br />liability as stockholders. <br />e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties <br />as trustees. <br />2.Each of the following is also an insured: <br />a.Your volunteer workers only while performing duties related to the conduct of your business, or <br />your employees, other than either your executive officers (if you are an organization other than <br />a partnership, joint venture or limited liability company) or your managers (if you are a limited <br />liability company), but only for acts within the scope of their employment by you or while <br />performing duties related to the conduct of your business. However, none of these employees or <br />volunteer workers are insureds for: <br />Docusign Envelope ID: 03EC0D15-D674-4D12-9ED3-8A2C214EE218