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HUITT-ZOLLARS, INC. (3)
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HUITT-ZOLLARS, INC. (3)
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Last modified
11/7/2023 8:36:11 AM
Creation date
4/7/2021 3:34:09 PM
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Contracts
Company Name
HUITT-ZOLLARS, INC.
Contract #
A-2021-035-06
Agency
Public Works
Council Approval Date
3/16/2021
Expiration Date
4/21/2023
Destruction Year
2028
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any insured, if benefits for the "bodily injury" are <br />payable or must be provided under a workers' <br />compensation or disability benefits law or a <br />similar law. <br />e. Athletics Activities <br />To a person injured while practicing, <br />instructing or participating in any physical <br />exercises or games, sports, or athletic <br />contests. <br />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 />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 />Page 10 of 21 <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 />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, <br />necessary litigation expenses incurred by us and <br />necessary litigation expenses incurred by the <br />indemnitee at our request will be paid as <br />Supplementary Payments. Notwithstanding the <br />provisions of Paragraph 2.b.(2) of Section I — <br />Coverage A — Bodily Injury And Property <br />Damage Liability, such payments will not be <br />deemed to be damages for "bodily injury" and <br />"property damage" and <br />of insurance. <br />I,N_oaa RisleManagementDMsfan <br />?9 'e''REVIEWED & APPROVED BY.- <br />} z <br />a P1. M44441 <br />Risk Management Analyst <br />
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