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<br />, ,~ I;1I;'R." 5.2004 <br />'" <br />'" <br /> <br /><~ <br /> <br />- <br />==- <br />= <br />- <br />=- <br />- <br />- <br />~ <br />- <br />- <br />iiiiiiiiiiiiiii <br />.- <br />.... <br />.. <br />- <br />- <br />=- <br />IiIiiiiiiiiiiii <br />IIIIII;;;II <br />- <br />- <br />- <br />- <br />- <br />¡¡¡¡ <br />- <br /> <br />------/ <br /> <br />3: 25PM <br /> <br />§ <br /> <br />" <br />'-' <br /> <br />. We'll defend the indemnitee even if all of <br />the ~lIegations of the claim or suit are <br />groundless, hlse, or fraudulent. But we <br />won't have a duty to perform any other <br />act or service. <br /> <br />. We'll p~y all covered indemnitee defense <br />expenses incurred by us in connection with <br />such claim or suit. Such payments are In <br />addition to the limits of coverage. <br /> <br />õ <br />0 <br /> <br />I- <br /> <br />8 <br /> <br />~ <br />'" <br />0 <br /> <br />However, our duty to defend the indemnitee, <br />or p~y indemnitee defense expenses incurred <br />by us, under that contract liability <br />indemnitee defense coverage ends when that <br />indemnitee fails to comply with any of our <br />indemnitee defense cooperation ~nd notice <br />requirements. It also ends when we have <br />used up the limits of coverage that apply <br />with the payment of: <br /> <br />. judgments; <br /> <br />. settlemlilnts; or <br /> <br />. medical expenses. <br /> <br />,. <br /> <br />OJ <br />.. <br />:(: <br /> <br />:1J <br />'" <br />;; <br />~ <br />0 <br />'" <br />l- <br />N <br />0 <br />0 <br />" <br /> <br />When we don't provide that contract liability <br />indemnitee defense coverage for the <br />indemnitee, we'll pay covered indemnitee <br />defense expenses assumed under contract <br />that: <br /> <br />. are incurred by or for that indemnitee; ~nd <br /> <br />. are awarded against you in a judgment or <br />agreed to by us in a settlement; <br />as if they're amounts you're legally required <br />to pay as damages for inj4ry or damage <br />covered by this agreement. P~yments of <br />such amounts are subject to the limits of <br />coverage. Our duty to make such p~yments <br />ends when we have used up the limits of <br />coverage that apply with the payment of: <br /> <br />. judgments; <br /> <br />. settlements; or <br />. medical expenses. <br /> <br />';ftß Il /J ò <br /> <br />We'll have the right to appeal a judgment <br />awarded In a suit against an indemnitee if: <br />. the judgment includes damages for injury <br />or damage for which you have assumed <br />liability under a covered contract; <br />. such injury or damage is covered by this <br />agreement; <br />. the indemnitee "nq its insl,!rers don't <br />appeal the judgment; and <br />. you agrea we may seek the cooperation <br />of that indemnitee for such an appelli. <br /> <br />NO.293 <br /> <br />P.18/31 <br /> <br />1I1oSIRIul <br /> <br />If we appeal such a judgment, we'll pay the <br />following that result directly from that <br />appeal: <br />. All expenses we incur. <br /> <br />. All reasonable expenses that any protected <br />person IInd the indemnitee incur at our <br />request while helping us with t~e appeal, <br />other than the cost of appeal bonds. <br />. The cost of any required appeal bond. <br />But only for that part of the judgment that <br />is for damages covered by this agreement <br />and is within the available limit of <br />coverage. However, we'll pay, or <br />reimburse the indemnitee, for the cost of <br />a higher appeal bond amount if we're <br />required to do so under the law that <br />applies. But we won't be the principal <br />under eny such bond, Nor do we have to <br />furnish any appeal bond. <br />. All post judgment interest that accumulates <br />on the full amount of the judgment. But <br />only from the date of the judgment to the <br />date we pay, or deposit in court, the limit <br />of coverage that applies to the judgment. <br /> <br />These payments are in addition to the limits <br />of coverage. However, the results of an <br />appeal won't change the limits of coverage <br />that apply under this agreement. <br /> <br />Covered contract means: <br /> <br />. IIny easement or license agreement; <br />. any elevator maintenance agreement; <br />. any lease of premises, other than that part <br />which indemnifies a person or organization <br />for property damage to a premises that <br />you rent. lease, or borrow from others; <br /> <br />. any obligation to indemnify a municipality <br />that is required by ordinance and Isn't <br />connected with your work for the <br />municipality; <br />. any sidetrack agreement; <br /> <br />. that pert of any other contract or <br />agreement under which you assume the <br />tort liability of a municipality to pay <br />damages fer injury or damage that results <br />from your work for the municipality; or <br />. that part of any other contract or <br />agreement under which you assume the <br />tort liabilitY of another to pay damages <br />for injury or damage. <br /> <br />But we won't consider the following parts <br />of those other contracts Or agreements <br />under which YOI,! assume the tort liability of <br /> <br />47150 Rev. 7-01 Printed in U.S.A. Insuring Agreement <br />cSt.Paul Fire and Marine Insurance Co. 2001 All Rights Reserved <br /> <br />Page 15 of 28 <br />