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<br />. 'Ii! 8i;'R; 6.2004 <br />"' <br />Q <br /> <br />3:25PM <br /> <br />~ <br /> <br />. <br />'-' <br /> <br />- <br />III <br />Iii <br />. <br />- <br />- <br />I <br />I <br />Iii <br />- <br />- <br /> <br />~; <br /> <br />§ <br /> <br />" <br />... <br /> <br />I We'll defend the indemnitee even if all of <br />the allegations of the claim Or 8uit ere <br />~roundless, hlse, or fraudulent. But we <br />won't h~ve II duty to perform eny other <br />act or service. <br /> <br />I We'll P!lY all covered Indemnitee defense <br />expenses incurred by us In connection with <br />such claim or suit. Such payments are 10 <br />!ldditiDn to tha limits of coverege. <br /> <br />8 <br /> <br />... <br /> <br />§ <br /> <br />~ <br /> <br />However, our duty to defend the Indemnitee. <br />or pay indemnitee defense expenses Incurred <br />by U!, under Ihat contract liability <br />indemnitee dehnse coverage ends when that <br />indemnitee fails to comply with any of our <br />Indemnitee defense cooperetion and notice <br />requirements. It also ends when we have <br />used up the 11m Its of coverage that apply <br />with the payment of: <br /> <br />I judgmEnts; <br /> <br />I settlements; or <br /> <br />I medical expenses. <br /> <br />'" <br />0 <br /> <br />:E <br />. <br /> <br />'" <br />.. <br />II> <br />oo <br /> <br />~ <br />~ <br />a <br />8 <br />"' <br />t- <br />oo <br />0 <br />0 <br />" <br /> <br />When we don't provide that contrect Ii ability <br />indemnitee defense coverage for thl <br />indemnitee, we'll pay covered indemnitee <br />defense expenses assumed under contract <br />Ihat: <br />. are incurred by or far that indemnitee; and <br />I are aw rded against you in a judgment C>f <br />agreed to by us in a settlement; <br />as if they're amounts you're lega lIy required <br />to pay as dem ages for inj4ry or damage <br />covered by this agreement. Payments of <br />such amounts are subject to thl limits of <br />coverage. Our duty tD make .uch payments <br />end. when we h8ve used up the limits of <br />coverage that apply with the payment of: <br />I judgmenls; <br />I settlements; or <br />I medl c e I expenses. <br /> <br />. <br /> <br />~ ll/3ð <br /> <br />We'll have the right to appeal II judgment <br />awarded In e luit against en indemnitee If: <br />I the Judgment Includes damages for injury <br />or damage for which you have assumed <br />liability under a covered contrect; <br />I such injury c>r demage Is eQvered by this <br />agreemant; <br />I the indemnitee and its Insurers don't <br />appeal the judgment; and <br />I you agree We may seele the cooperation <br />of that indemnlteB for such an IIppeal. <br /> <br />NO. 293 <br /> <br />P. 19/31 <br /> <br />11IIStRtul <br /> <br />If we appeal such a judgment, wa'll pay the <br />following th8t result directly from that <br />appael: <br /> <br />. All expenses we Incur, <br /> <br />. All reasonilble expenses th8t any protectad <br />person and the indemnitee Incur at our <br />requa.t while he¡pins us with the appeal. <br />other thon the cos I of IiIppeal ¡ onds. <br /> <br />I The cost of .ny required appeal bond. <br />But only for that plrt of the Judgment th.t <br />Is for damages covered by this agr8llmlnt <br />and is within the aveileble limit of <br />coverage. However, we'll pay, or <br />reimburse the Indemnitee, for the cost of <br />a higher appelll 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 any such bond, Nor do we have to <br />furnish any appeal bond. <br /> <br />I All postJUdgment interest that accumulates <br />on the full emount of tlte Judgment. But <br />only from the date of the judgment to the <br />dete we pay, or deposit in court, the limit <br />of coverage that applies to the judgment. <br /> <br />These payments are in addition to tha limits <br />of coverage. However. the results of an <br />appeel won't change the limits of cover!l!i e <br />that apply under this agreement. <br /> <br />Covered contract means: <br /> <br />I any easement or licenflø egreement; <br />I any elevator melntensnce agreement; <br />. any leese of premises, other than that plrt <br />which indemnifies a person or organlzetlon <br />for property demage to II premises thai <br />you rent, le858, or borrow from D1hars; <br /> <br />. any obligation to inclemnify a municipality <br />that is reC uired by ordinance and Isn't <br />connected with your work for the <br />municipality; <br />. any sidetrack agreement; <br />. that pert of ¡my other contract or <br />agreement under whi\:h you ilssume the <br />tort liability of a municipality to pay <br />demagu for injury or damage that results <br />from your work far the municipality; Or <br />. that part or any other contract or <br />agreement under which you .esume the <br />tort liability of another to pow dilmages <br />far injury or damage. <br /> <br />But we won't consider the following parts <br />of tholfll other contracts Or 8!i reementlf <br />under which you assume tha tort liability of <br /> <br />47150 Rev. 7-01 Printed In U.S.A. Insuring Agreement <br />.St.Paul Fire and Marine Insurance Co. 2001 All Rishts Reserved <br /> <br />Pllse 15 of 28 <br />