SULLY-MILLER CONTRACTING COMPANY (BRISTOL ST. IMPROVEMENTS FROM WARNER AVE. TO ST. ANDREW PL.)

Home Browse Search

g. All interest on the full amount of any judgment So long as the above conditions are met, attorneys' that accrues after entry of the judgment and fees incurred by us in the defense of that before we have paid, offered to pay, or indemnitee, necessary litigation expenses incurred deposited in court the part of the judgment that by us and necessary litigation expenses incurred is within the applicable limit of insurance. by the indemnitee at our request will be paid as These payments will not reduce the limits of Supplementary Payments. Notwithstanding the insurance. provisions of Paragraph 2.b.(2) of Section I — Coverage A— Bodily Injury And Property Damage 2. If we defend an insured against a "suit" and an Liability, such payments will not be deemed to be indemnitee of the insured is also named as a parry damages for "bodily injury" and "property damage" to the "suit",we will defend that indemnitee if all of and will not reduce the limits of insurance. the following conditions are met: Our obligation to defend an insured's indemnitee a. The "suit" against the indemnitee seeks and to pay for attorneys' fees and necessary damages for which the insured has assumed litigation expenses as Supplementary Payments the liability of the indemnitee in a contract or ends when we have used up the applicable limit of agreement that is an"insured contract"; insurance in the payment of judgments or b. This insurance applies to such liability assumed settlements or the conditions set forth above, or by the insured; the terms of the agreement described in c. The obligation to defend, or the cost of the Paragraph f. above, are no longer met. defense of, that indemnitee, has also been SECTION II—WHO IS AN INSURED assumed by the insured in the same "insured 1. if you are designated in the Declarations as: contract"; a. An individual, you and your spouse are d. The allegations in the "suit"and the information insureds, but only with respect to the conduct of we know about the "occurrence" are such that a business of which you are the sole owner. no conflict appears to exist between the b. A partnership or joint venture, you are an interests of the insured and the interests of the insured. Your members, your partners, and indemnitee; their spouses are also insureds, but only with e. The indemnitee and the insured ask us to respect to the conduct of your business. conduct and control the defense of that c. A limited liability company, you are an insured. indemnitee against such suit and agree that Your members are also insureds, but only with we can assign the same counsel to defend the respect to the conduct of your business. Your insured and the indemnitee; and managers are insureds, but only with respect to f. The indemnitee: their duties as your managers. (1) Agrees in writing to: d. An organization other than a partnership, joint (a) Cooperate with us in the investigation, venture or limited liability company, you are an settlement or defense of the"suit'; insured. Your "executive officers" and directors are insureds, but only with respect to their (b) Immediately send us copies of any duties as your officers or directors. Your demands, notices, summonses or legal stockholders are also insureds, but only with papers received in connection with the respect to their liability as stockholders. suit"; {c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their duties as trustees. (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee;and (2) Provides us with written authorization to: (a) Obtain records and other information related to the"suit";and (b) Conduct and control the defense of the indemnitee in such"suit". CG 00 01 0413 0 Insurance Services Office, Inc.,2012 Page 9 of 16