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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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ENV-1205 (03-14)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 8 <br />b.Authorize us to obtain records and other information; <br />c.Cooperate with us in the investigation or settlement of the claim or defense against the suit; and <br />d.Assist us, upon our request, in the enforcement of any right against any person or organization which may <br />be liable to the insured because of injury or damage to which this insurance may also apply. <br />4.No insured will, except at your own cost, voluntarily make a payment, assume any obligation, or incur any <br />expense without our consent. <br />Duty to Defend <br />1. The Insurer will have the right and the duty to defend the insured against a claim to which this insurance <br />applies. However, such duty to defend ends once the Limits of Insurance are exhausted or are tendered into <br />a court of applicable jurisdiction, or once the insured refuses a settlement offer as provided in Paragraph 3., <br />below. <br />2. The Insurer will have the right, but not the duty, to select legal counsel for the investigation, adjustment, and <br />defense of any claim(s) covered under this Policy. <br />3. The Insurer will present all settlement offers to the insured. The Insurer will not settle without the consent of <br />the insured. If the Insurer recommends a settlement which is acceptable to a claimant, which exceeds any <br />applicable deductible, is within the Limits of Insurance, and the insured refuses to consent to such settlement <br />offer, then the Insurer’s duty to defend shall end. The Insurer’s liability for claim(s)or supplementary <br />payments shall not exceed the amount for which the claim could have been settled if the recommendation <br />made by the Insurer had been accepted, exclusive of the deductible. <br />Inspection <br />With reasonable notice to the insured, the Insurer shall be permitted, but not obligated, to inspect the insured's <br />premises, equipment, and/or operations. Neither the Insurer's right to make inspections nor the making thereof <br />nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to <br />determine or warrant that such property or operations are safe or in compliance with any applicable law, <br />regulation or rule. Any recommendations or information provided is not intended as a substitute for advice from a <br />safety expert or legal counsel you may retain for your own purposes. It is not intended to supplant any legal duty <br />you may have to provide a safe premises, workplace, product or operation. <br />Headings <br />The descriptions in the headings and sub-headings of this policy are inserted solely for convenience and do not <br />constitute any part of the terms or conditions hereof. <br />IV. DEFINITIONS <br />For the purpose of this endorsement the following definitions apply and any conflicting provisions of Section VI., <br />DEFINITIONS, of the policy to which this endorsement is attached shall not control coverage afforded herein: <br />A. Auto means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached <br />machinery or equipment. But auto does not include mobile equipment. <br />B. Claim(s) means: <br />1.A request or a demand received by you or us for money or services, including the institution of suit, seeking <br />damages arising from an act, error, or omission in the rendering or failure to render professional services; <br />and <br />2.A request or a demand received by you or us for money or services, including the institution of suit, seeking <br />damages that result from a mold condition arising from an act, error, or omission in the rendering or failure <br />to render professional services. <br />C. Coverage territory means: <br />1.The United States of America, its territories and possessions, and Puerto Rico; and <br />2.International waters or airspace, but only if the injury or damage occurs in the course of travel or <br />transportation between any places included in Item 1., above.
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