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<br />" <br /> <br />81;'R: 6.2004 <br /> <br />3:26PM <br /> <br />..alii <br /> <br />enother to pey damllgøs to be a covered <br />contn ct: <br />. Architect, engln..r, Dr surveyor indemnity. <br /> <br />. Architect, enslnaer, Dr eurvlyor <br />professional service$ by protllcted person <br />indemnity. <br /> <br />. War indemnity. <br /> <br />Tort liability muns a lillbl ty that would be <br />Imposed by law wlthout any COntract or <br />!lgreement. <br /> <br />ArcNtect, enginHl', or surveyor indemnity <br />means that part which Indemnifies any <br />IIrchitect, engl ne.r, or surveyor tor injury or <br />damage that results from; <br /> <br />0 thl praparation or IIpproval of, Dr failure <br />to preparl'l or approve. any drawing and <br />specification, Dr any map, opinion, report, <br />611rvey, chanse order, field order, Dr sl¡op <br />dr.wlng; or <br /> <br />. the giving of or failure to give any <br />direction or instruction if that giving or <br />failure to glva is the primary cause of the <br />injury or dllmll:ge. <br /> <br />Architsct, englnefJr. or survøyor professional <br />servÜ:es Þy protectad person indemnity <br />mUns th!llt part which indemnifies IIny <br />person or organi~atlon for injury or damage <br />thllt results from the performllnce of or <br />failure to perform architect, engineer, or <br />surveyor professionel services by the <br />proteoted pàrson who is an architect, <br />engineer, or surveyor. <br /> <br />Archit«:t. engIneer. or surveyor professIonal <br />servIces Includes, <br /> <br />0 the preparation or IIpproval of .ny drawing <br />~nd specification. or any map, opinion, <br />report, survey, changl!l order, field order, <br />or shop drewlng; end <br /> <br />. any IIrchitectural, engineering, inspection, <br />or supervisory activity. <br /> <br />War Indemnity means that part which <br />inQen>nifie, "oy person or Or8l! nl~atiQn for <br />bodily Injury or property damage that results <br />from War. <br /> <br />Indsn7nftee ntsens any persOn or <br />organization that you have IIgread under II <br />covered contract to Indemnify or hold <br />narmless. <br /> <br />~ <br /> <br />I C/3° <br /> <br />NO. 293 <br /> <br />P.19/31 <br /> <br />Indt1n7nffH dtlfen.rtl control and authority <br />rfJqulrt1ments means the following . <br />requlremsnts that must bs fl1lfllled for U8 to <br />conduot and control the defense of IIn <br />¡Memnltes 8gainst a claim or suit under this <br />agreement: , <br />. You and the Indemnitee must ask liS to <br />conduct and control the defense of that <br />Indemnitee eseinst the crefm or &ult under <br />this agreement. <br />. We must determ ine that there's no conflict <br />between your interasts and thon of the <br />indem"'tee, bued on the allegations In the <br />claim or suit and on what we know about <br />the 1actulIl and legal b88ls for the <br />damage. being sought. <br />. You a"d the indemnitee must alleh Dgree <br />In writing that we can assIgn the sama <br />counsel to defend them. <br />. The indemnitee must give us authority in <br />writing to conduct IInd contrDI its defense <br />Dgslnst the claim or sllit. <br />. The Indemnitee must give us lIuthority in <br />writing to obtain rllcords and othar <br />Information r81ated to the clelm or suit. <br />. The indemnitee must agrae In writing to <br />comply with our indemnite& defBnse <br />cooperation end notice requirements. <br /> <br />Indemnitee defense cooperatIon end notice <br />requirB1Tlents meens the following <br />requirements thDt must be fulfilled for us to <br />continulI defending an indemnitee against I <br />claim or suit under this agreement: <br />. The indemnitee must cooperate with us in <br />the irwestlgation, IiBttlement, or d.fense <br />of the claim or suit. <br />0 The indemnitee must proVide us with" <br />copy of any dem2lnd, notice, surnmons, or <br />le¡ ar paper receIved in c:onnection with the <br />claim Dr suit 11$ soon as possible after It <br />is received. <br />. The Indemnitea must give notice of the <br />claim or suIt to any other Insurer that <br />provIdes coverage which IIpplles to the <br />clllm Dr suit and is IV!llilable tD thllt ' <br />Indemnitee. <br />. The indemniteB must help us COordinate <br />the ~ppllcatlon of other insurance that's <br />applicable to the claim or suit and <br />IIvallable to that indemnitee. <br /> <br />Ind.mnitH defense expenses Incurred by us <br />mllllns the: <br /> <br />47150 Rev. 7-01 Printed In U.S.A. <br />