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Last modified
4/23/2021 2:48:03 PM
Creation date
12/21/2020 4:27:04 PM
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Contracts
Company Name
AVOLVE SOFTWARE
Contract #
A-2020-261
Agency
PLANNING & BUILDING
Council Approval Date
12/15/2020
Insurance Exp Date
1/2/2022
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COMMERCIAL GENERAL LIABILITY <br />loss of earnings up to $500 a day <br />because of time off from work. <br />e. All court costs taxed against the <br />insured in the "suit". However, these <br />payments do not include attorneys' <br />fees or attorneys' expenses taxed <br />against the insured. <br />f. Prejudgment interest awarded against <br />the insured on that part of the <br />judgment we pay. If we make an <br />offer to pay the applicable limit of <br />insurance, we will not pay any <br />prejudgment interest based on that <br />period of time after the offer. <br />g. All interest on the full amount of any <br />judgment that accrues after entry of <br />the judgment and before we have <br />paid, offered to pay, or deposited in <br />court the part of the judgment that is <br />within the applicable limit of <br />insurance. <br />These payments will not reduce the <br />limits of insurance. <br />2. If we defend an insured against a "suit" <br />and an indemnitee of the insured is also <br />named as a party to the "suit", we will <br />defend that indemnitee if all of the <br />following conditions are met: <br />a. The "suit" against the indemnitee <br />seeks damages for which the insured <br />has assumed the liability of the <br />indemnitee in a contract or agreement <br />that is an "insured contract"; <br />b. This insurance applies to such <br />liability assumed by the insured; <br />C. The obligation to defend, or the cost <br />of the defense of, that indemnitee, <br />has also been assumed by the insured <br />in the same "insured contract"; <br />d. The allegations in the "suit" and the <br />information we know about the <br />"occurrence" or offense are such that <br />no conflict appears to exist between <br />the interests of the insured and the <br />interests of the indemnitee; <br />e. The indemnitee and the insured ask <br />us to conduct and control the <br />defense of that indemnitee against <br />such "suit" and agree that we can <br />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 <br />investigation, settlement or <br />defense of the "suit"; <br />(b) Immediately send us copies <br />of any demands, notices, <br />summonses or legal papers <br />received in connection with the <br />"suit"; <br />(C) <br />Notify any other insurer whose <br />coverage is available to the <br />indemnitee; and <br />(d) <br />Cooperate with us with respect <br />to coordinating other applicable <br />insurance available to the <br />indemnitee; and <br />(2) Provides us with written <br />authorization to: <br />(a) <br />Obtain records and other <br />information related to the <br />"suit"; and <br />(b) <br />Conduct and control the <br />defense of the indemnitee in <br />such "suit". <br />So long as the above conditions are <br />met, attorneys' fees incurred by us in <br />the defense of that indemnitee, <br />necessary litigation expenses incurred by <br />us and necessary litigation expenses <br />incurred by the indemnitee at our request <br />will be paid as Supplementary Payments. <br />Notwithstanding the provisions of <br />Paragraph 2.b.(2) of Section I - Coverages <br />- Coverage A - Bodily Injury And <br />Property Damage Liability or Paragraph <br />2.e. of Section I - Coverages - Coverage <br />B - Personal And Advertising Injury <br />Liability, such payments will not be <br />deemed to be damages for "bodily <br />injury", "property damage" or "personal <br />injury", and will not reduce the limits of <br />insurance. <br />Our obligation to defend an insured's <br />indemnitee and to pay for attorneys' <br />fees and necessary litigation expenses as <br />Supplementary Payments ends when: <br />a. We have used up the applicable limit <br />of insurance in the payment of <br />judgments, settlements or medical <br />expenses; or <br />b. The conditions set forth above, or <br />the terms of the agreement described <br />in Paragraph f. above, are no longer <br />met. <br />SECTION If — WHO IS AN INSURED <br />1. If you are designated in the Declarations <br />as: <br />a. An individual, you and your spouse <br />are insureds, but only with respect to <br />the conduct of a business of which <br />you are the sole owner. <br />RAMwagzmentDi sign <br />CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. �e% Fg fdEvlEvveD&APPROVED Br: <br />Includes copyrighted material of Insurance Services Office, Inc. with its permi " <br />' �" P, ° " <br />Rusk K4anagement Analyst <br />
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