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<br />BI;'R: 6.2004 <br /> <br />3: 26PM <br /> <br />DlStRiul <br /> <br />another to pay damages to be a covered <br />contract: <br />. Architect, engineer, or surveyor indemnity. <br />. Architect, engineer, or surveyor <br />professional services by protected person <br />indemnity. <br /> <br />. War indemnity. <br /> <br />Tort liability means a liilbillty that would be <br />imposed by law without any contract or <br />agreement. <br /> <br />ArchItect, engineer. or surveyor indemnIty <br />means that part which indemnifies any <br />art::hitect. englnear, or surveyor for injury or <br />damage that results from; <br /> <br />. the preparation or ilpproval of. or fililure <br />to prapare or approve, any drawing and <br />specification. or any map. opinion, report, <br />survey, change order. field order, or shop <br />drawing; or <br /> <br />. the giving of or failure to give any <br />direction or instruction if that giving Or <br />failure to give is the primary cause of the <br />injury or damage. <br /> <br />ArChitect, engineer, or surveyor professIonal <br />services by protected person indemnIty <br />means that part which indemnifies any <br />person or organization for injury or damage <br />that results from the performance of or <br />failure to perform architect. engineer, or <br />surveyor professional services by the <br />protected person who Is an architect. <br />engineer, or surveyor. <br /> <br />Architect. engineer, or surveyor professIonal <br />services Includes: <br /> <br />. the preparation or approval of any drawing <br />and specification. or any map. opinìon, <br />report. survey. chenge order. field order, <br />or shop drawing; and <br /> <br />. any architectural, engineering. inspection. <br />or supervisory activity. <br /> <br />War indemnity means that part which <br />indemnifies any person Or organization fOr <br />bodily injury or property damage that results <br />from war. <br /> <br />Indemnitee means any person or <br />organization that yoll have agreed under a <br />covered contract to indemnify or hold <br />harmless. <br /> <br />";?1!/3 ! 6'/3 0 <br /> <br />NO. 293 <br /> <br />P.19/31 <br /> <br />Indemnitee defense control and 8I/thority <br />requirements means the following <br />requirements that must be fulfilled for us to <br />conduct and col'1trol the defense of an <br />indemnitee against a claim or suit under this <br />agreement: <br /> <br />. You and the indemnitee must ask us to <br />conduct and control the defense of that <br />indemnitee against the claim or suit under <br />this agreement. <br /> <br />. We must determine that there's no conflict <br />between your interests and those of the <br />indemnitee. basad on the allegations in the <br />claim or suit and on what we know about <br />the factllal and legal basis for the <br />damages being sought. <br /> <br />0 You and the indemnitee must each agree <br />in writil'1g that we can assign the same <br />counsel to defend them. <br /> <br />. The indeml'1itee must give us authority in <br />writing to conduct and control its defense <br />against the claim or suit. <br /> <br />. The indemnitee must give us authority in <br />writing to obtail'1 records and other <br />Information related to the claim or suit. <br /> <br />. The indemnitee must agree in writing to <br />comply with our indemnitee dafense <br />cooperation and notice requirements. <br /> <br />Indemnitee defense cooperation and natice <br />requIrements means the following <br />requirements that must be fulfilled for us to <br />continue defending an indemnitee against a <br />claim or suit under this agreement: <br /> <br />. The Indemnitee must cooperate with us in <br />the il'1vestigation, settlement. or defense <br />of the claim or suit. <br /> <br />0 The indemnitee must provide us with a <br />copy of any demand, notiçe. summons. or <br />legal paper received in connection with the <br />claim or suit as soon as possible after it <br />is received. <br /> <br />0 The indemnitee must give notice of the <br />claim or suit to any other Insurer that <br />provides coverage which applies to the <br />claim or suit and is available to that, <br />indemnitee. <br /> <br />. The indemnitee must help us coordinate <br />the appllçatlon of other insursl'1Ce that's <br />applicable to the claim Or suit and <br />available to that indemnitee. <br /> <br />Indemnitee defense expenses incurred by us <br />means the: <br /> <br />47150 Rev. 7-01 Printed In U.S.A. <br />Paa.. 18 of 28 .¡:;t_P~III FI.~ ~n'" ~h.I".. In."..n~. ('On ?nn, "" IOlnk" 10.......... <br />