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<br />¡¡1¡'R: 6.200.1
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<br />3: 26PM
<br />
<br />1IIIfIRluI
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<br />another to pay damag"s to be a cov"red
<br />contract:
<br />. Architect, engineer, or surveyor indemnity.
<br />
<br />0 Architect, engin"er, Dr surveYOr
<br />professional services by protected person
<br />indemnity,
<br />
<br />0 War indemnity.
<br />
<br />Tort liability means a liability that would be
<br />imposed by law without any contract or
<br />Ijgreement,
<br />
<br />Architect, engineer, or surveyor indemnity
<br />means that part which indemnifies any
<br />Ijrchitect, engIneer, or surveyor for injury or
<br />damage that results from:
<br />. the preparation or approval of, or failure
<br />to prepare or Ijpprove, any drljwing and
<br />specification, or any map, opinion, report.
<br />survey. change order, field order, Dr shOp
<br />drawing; or
<br />0 the giving of or failure to give any
<br />direction Dr instruction if that giving or
<br />failur" 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 />meilns that part which indemnifies allY
<br />person or orgllnization for injury or damage
<br />that results from the performance of or
<br />fal lure to perform architect, engineer, or
<br />surveyor professional services by the
<br />protected persoll 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 drllwing
<br />IInd specification. or any map. opinion,
<br />report, survey, change order, field order,
<br />Dr shop drawing; and
<br />
<br />0 any IIrchitectural, engineering, inspection,
<br />or supervisory activity.
<br />
<br />War Indemnity means that part which
<br />indemnifies ",ny person or organization for
<br />bodily injury or property damage that results
<br />from war.
<br />
<br />Indemnitee meilns any persOn or
<br />organization that you have agreed under a
<br />covered contract to indemnify Dr hold
<br />harmless,
<br />
<br />~ IS/3O
<br />
<br />NO. 293
<br />
<br />P.19/31
<br />
<br />Indemnitee defense control and authority
<br />requirements means the following
<br />requirements that must be fulfilled for us to
<br />conduct and control the defense of an
<br />indemnitee against a claim or suit under this
<br />agreement:
<br />
<br />0 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 />0 We must determine that there's no conflict
<br />between your interests and those of the
<br />indemnitee, based on the allegations in the
<br />claim or suit and on what we know about
<br />the factual and legal basis for the
<br />damages being sought,
<br />
<br />. You and the indemnitee must each agree
<br />in writing that we can assign the same
<br />counsel to defend them,
<br />
<br />0 The indemnitee must give us authority in
<br />writing to conduct and control its defense
<br />against the claim or suit,
<br />
<br />0 The indemnitee must give us authority in
<br />writing to obtain records and other
<br />Information related to the claim or suit.
<br />
<br />0 The indemnitee must agree in writing to
<br />comply with our ¡"dem"itee defense
<br />cooperation and notice requirements.
<br />
<br />Indemnitee defense cooperation and notice
<br />requirements mellns 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 />0 The Indemnitee must cooperate with us in
<br />the investigation, settlement, or defense
<br />of the claim or suit.
<br />. The indemniteE! must provide us with /I
<br />copy of any demand, notice. 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 /lpplles to the
<br />claim or suit and is avllilable to that.
<br />indemnitee,
<br />. The indemnitee must help us coordinate
<br />the application of other insurance 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.
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