DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 61

ARTICLE XV (cont.)

(ii)  Damages Limitation (cont.).
excess of the coverage of insurance specified below to any person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortious act or omission of the volunteer officer or Board member if all of the following conditions are satisfied:

(1)  The Board member or officer is a tenant of a Unit or an Owner of no more than two (2) Units;

(2)  The act or omission was performed within the scope of the Board member's or officer's Association duties;

(3)  The act or omission was performed in good faith;

(4)  The act or omission was not willful, wanton or grossly negligent; and

(5)  The Association maintained and had in effect at the time the act or omission occurred and at the time a claim was made one (1) or more policies of insurance which include coverage for (A) general liability of the Association and (B) individual liability of officers and Board members for negligent acts or omissions in that capacity; provided, that both types of coverage are in the minimum amount specified in Section 1365.7(a}(4) of the California Civil Code.

A Board member or Association officer who at the time of the act or omission was the Declarant or received direct or indirect compensation as an employee from Declarant or from a financial institution that purchased a Condominium at a judicial or nonjudicial foreclosure of a Mortgage is ·not a volunteer for purposes of this Section 15.7(a)(ii). The payment of actual expenses incurred by a Board member or Association officer does not affect the member's or officer's status as a volunteer for purposes of this Section 15.7(a)(ii).

(iii) Indemnification. The Association shall pay all expenses incurred by, and satisfy any judgment or fine levied against, any person as a result of any action or threatened action against such person to impose liability on such person for his Official Acts, provided that:

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