APPRISS INC. f/n/a VINE COMPANY 1 - 2001

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('I('R: 6.2004 3:26PM D8StRiul another to pay damages to be a covered contract: I Architect, engineer, or surveyor indemnity, . Architect, engineer, or surveyor professional services by protected person indemnity. . War indemnity. Tort liability means a liability that would be imposed by law without any contract or agreement. Architect, engineer. or surveyor indemnity means that part which indemnifies any architect, engineer, or surveyor for injury or damage that results from: . the preparation or approval of, or failure to prepare or approve, any drawing and specification, or any map, opinion, report, survey, change order, field order, or shop drawing; or I the giving of or failure to give any direction or instruction if that giving or failure to give is the primary cause of the injury or damage. Architect, engineer. or surveyor professional services by protected person Indemnity means that part which indemnifies any person or organization for injury or damage that results from the performance of or failure to perform architect, engineer, or surveyor profess i anal services by the protected person who is an architect, engineer, or surveyor. Architect. engineer, or surveyor professional servIces Includes: I the preparation or approval of any drawing and specification, or any map, opinion, report, survey, change order, field order, or shop drawing; and . any ¡>Irchitectural, engineering, inspection, or supervisory activity. War indemnity means that part which indemnifies any person or organization for bodily injury or property damage that results from war. Indemnitee means any person Or organization that you h¡>lye agreed under a covered contract to indemnify or hold harmless. ~ IS/YO NO. 293 P.19/31 Indemnitee defense control and authority requirements means the following requirements that must be fulfilled for us to conduct and control the defense of an indemnitee against a claim or suit under this agreement: . . You and the indemnitee must ask us to conduct and control the defense of that indemnitee against the claim or suit under this agreement. . We must determine that there's no conflict between your interests and those of the indemnitee, based on the allegations in the claim or suit and on what we know about the factual and legal basis for the damages being sought. I You and the indemnitee must each agree in writing that we can assign the same counsel to defend them. . The indemnitee must give us authority in writing to conduct and control its defense against the claim or suit. . The indemnitee must give us authority in writing to obtain records and other Information related to the claim or suit. I The indemnitee must agree in writing to comply with our indemnitee defense cooperation and notice requirements, Indemnitee defense cooperation and notice requirements means the following requirements that must be fulfilled for us to continue defending an indemnitee against a claim or suit under this agreement: . The Indemnitee must cooperate with us in the investigation, settlement, or defense of the claim or suit. I The indemnitee must provide us with a copy of any demand, notice, summons, or legal paper received in connection with the claim or suit as soon as possible after it is received. . The indemnitee must give notice of the claim or suit to any other insurer that provides coverage which applies to the claim or suit and is available to that. indemnitee. I The indemnitee must help us coordinate the application of other insurance that's applicable to the claim or suit and available to that indemnitee. Indemnitee defense expenses Incurred by us means the: 47150 Rev. 7-01 Printed In U.S.A. PaDe 16 "f 28 .!':t_P~,,1 ¡:I.~ ~n'" ~b.¡nD In."..n~. f'^ ?nn, ..11 "'~~.. IOu.....'"