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ECOTIERRA CONSULTING, INC.
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ECOTIERRA CONSULTING, INC.
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Last modified
8/20/2024 10:49:51 AM
Creation date
4/30/2024 11:59:06 AM
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Contracts
Company Name
ECOTIERRA CONSULTING, INC.
Contract #
A-2023-194-17
Agency
Planning & Building
Council Approval Date
11/7/2023
Expiration Date
11/7/2028
Insurance Exp Date
8/2/2025
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CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 <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 />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 we have used up the applicable limit <br />of insurance in the payment of judgments or <br />settlements or the conditions set forth above, or <br />the terms of the agreement described in <br />Paragraph f. 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 <br />insureds, but only with respect to the conduct <br />of a business of which you are the sole <br />owner. <br />b.A partnership or joint venture, you are an <br />insured. Your members, your partners, and <br />their spouses are also insureds, but only with <br />respect to the conduct of your business. <br />c.A limited liability company, you are an <br />insured. Your members are also insureds, but <br />only with respect to the conduct of your <br />business. Your managers are insureds, but <br />only with respect to their duties as your <br />managers. <br />d.An organization other than a partnership, joint <br />venture or limited liability company, you are <br />an insured. Your "executive officers" and <br />directors are insureds, but only with respect to <br />their duties as your officers or directors. Your <br />stockholders are also insureds, but only with <br />respect to their liability as stockholders. <br />e.A trust, you are an insured. Your trustees are <br />also insureds, but only with respect to their <br />duties as trustees.
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