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INTERWEST CONSULTING GROUP, INC
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Last modified
8/19/2024 8:43:29 AM
Creation date
7/31/2020 11:01:58 AM
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Contracts
Company Name
INTERWEST CONSULTING GROUP, INC
Contract #
A-2020-153-02
Agency
PUBLIC WORKS
Council Approval Date
7/21/2020
Expiration Date
7/15/2022
Insurance Exp Date
5/12/2025
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f. Products -Completed Operations Hazard <br />Included within the "products -completed <br />operations hazard". <br />g. Coverage A Exclusions <br />Excluded under Coverage A. <br />SUPPLEMENTARY PAYMENTS - COVERAGES <br />A AND B <br />1. We will pay, with respect to any claim we <br />investigate or settle, or any "suit" against an <br />insured we defend: <br />a. All expenses we incur. <br />b. Up to $1,000 for cost of bail bonds required <br />because of accidents or traffic law violations <br />arising out of the use of any vehicle to which <br />the Bodily Injury Liability Coverage applies. <br />We do not have to furnish these bonds. <br />c. The cost of appeal bonds or bonds to release <br />attachments, but only for bond amounts <br />within the applicable limit of insurance. We do <br />not have to furnish these bonds. <br />d. All reasonable expenses incurred by the <br />insured at our request to assist us in the <br />investigation or defense of the claim or "suit", <br />including actual loss of earnings up to $500 a <br />day because of time off from work. <br />e. All court costs taxed against the insured in <br />the "suit". However, such costs do not <br />include attorneys' fees, attorneys' expenses, <br />witness or expert fees, or any other expenses <br />of a party taxed to the insured. <br />f. Prejudgment interest awarded against the <br />insured on that part of the judgment we pay. If <br />we make an offer to pay the applicable limit of <br />insurance, we will not pay any prejudgment <br />interest based on that period of time after the <br />offer. <br />g. All interest on the full amount of any judgment <br />that accrues after entry of the judgment and <br />before we have paid, offered to pay, or <br />deposited in court the part of the judgment <br />that is within the applicable limit of insurance. <br />These payments will not reduce the limits of <br />insurance. <br />2. If we defend an insured against a "suit" and an <br />indemnitee of the insured is also named as a <br />party to the "suit", we will defend that indemnitee <br />if all of the following conditions are met: <br />a. The "suit" against the indemnitee seeks <br />damages for which the insured has assumed <br />the liability of the indemnitee in a contract or <br />agreement that is an "insured contract"; <br />b. This insurance applies to such liability <br />assumed by the insured; <br />c. The obligation to defend, or the cost of the <br />defense of, that indemnitee, has also been <br />Page 10 of 21 <br />assumed by the insured in the same "insured <br />contract"; <br />d. The allegations in the "suit" and the <br />information we know about the "occurrence" <br />are such that no conflict appears to exist <br />between the interests of the insured and the <br />interests of the indemnitee; <br />e. The indemnitee and the insured ask us to <br />conduct and control the defense of that <br />indemnitee against such "suit" and agree that <br />we can assign the same counsel to defend <br />the insured and the indemnitee; and <br />f. The indemnitee: <br />(1) Agrees in writing to: <br />(a) Cooperate with us in the investigation, <br />settlement or defense of the "suit"; <br />(b) Immediately send us copies of any <br />demands, notices, summonses or legal <br />papers received in connection with the <br />"suit"; <br />(c) Notify any other insurer whose <br />coverage is available to the <br />indemnitee; and <br />(d) Cooperate with us with respect to <br />coordinating other applicable <br />insurance available to the indemnitee; <br />and <br />(2) Provides us with written authorization to: <br />(a) Obtain records and other information <br />related to the "suit"; and <br />(b) Conduct and control the defense of the <br />indemnitee in such "suit". <br />So long as the above conditions are met, <br />attorneys' fees incurred by us in the defense of <br />that indemnitee, necessary litigation expenses <br />incurred by us and necessary litigation expenses <br />incurred by the indemnitee at our request will be <br />paid as Supplementary Payments. <br />Notwithstanding the provisions of Paragraph <br />2.b.(2) of Section I - Coverage A - Bodily Injury <br />And Property Damage Liability, such payments <br />will not be deemed to be damages for "bodily <br />injury" and "property damage" and will not reduce <br />the limits of insurance. <br />Our obligation to defend an insured's indemnitee <br />and to pay for attorneys' fees and necessary <br />litigation expenses as Supplementary Payments <br />ends when: <br />a. We have used up the applicable limit of <br />insurance in the payment of judgments or <br />settlements; or <br />b. The conditions set forth above, or the terms of <br />the agreement described in Paragraph f. <br />above, are no longer <br />HORaN RiskMmWmentDMsian <br />REVIEWED & APPROVED BY.- <br />} z <br />f R. VSA44a <br />Risk Management Analyst <br />
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