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BERG & ASSOCIATES, INC. (2)
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BERG & ASSOCIATES, INC. (2)
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Last modified
8/20/2025 4:33:56 PM
Creation date
8/20/2025 4:33:04 PM
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Contracts
Company Name
BERG & ASSOCIATES, INC.
Contract #
A-2025-075-03
Agency
Public Works
Council Approval Date
5/20/2025
Expiration Date
5/20/2028
Insurance Exp Date
3/1/2026
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USS 25 35470 <br /> (B) Assistance and Cooperation <br /> Every Insured shall cooperate with the Company and its representatives and, <br /> upon the Company's request, shall submit to examination and interrogation by a <br /> representative of the Company, under bath if required; shall attend hearings, <br /> depositions and trials; shall assist in effecting settlement; shall cooperate in <br /> securing and giving evidence, obtaining the attendance of witnesses and in the <br /> conduct of suits; and shall give a written statement or statements to the <br /> Company's representatives and meet with such representatives. for the <br /> purpose of investigation and/or defense, all without charge to the Company, <br /> except as stated in Section I.I. (C) .of this Policy. Every Insured shall further <br /> cooperate with the Company and do whatever is necessary to secure and effect any <br /> rights of indemnity, contribution or,apportionment that any Insured may have. <br /> As. a condition precedent to every Insured's rights under this Policy, every <br /> Insured agrees not to settle or offer to settle any Claim, incur any Claim <br /> Expenses, or otherwise assume any contractual obligation, or admit any liability <br /> with respect to any Claim without the prior written consent of the Company. <br /> Every Insured must take -all reasonable action, within its ability, to prevent <br /> and/or mitigate any Claim or Loss which could be covered under this Policy and <br /> agrees that it shall not take any action which in any way_ increases the <br /> Company's exposure under this Policy. <br /> (C) Audit <br /> The.Company may examine and audit any Insured's hooks and records at any time <br /> during the Policy Period and after the final termination of this Policy and may <br /> require reports as far as they relate to the subject mailer of this Policy. <br /> (D) Subrogation <br /> In the event of any Claim or payment under this Policy, the Company shall be <br /> subrogated. to the extent of such Claim or payment to all rights of recovery <br /> therefore, and an Insured shall execute all documents required and shall do <br /> everything that may be necessary to secure such rights, including the <br /> execution of such documents necessary to enable the Company to effectively <br /> bring suit in the name of any Insured. An Insured shall do nothing after a <br /> Claim is made against them to prejudice such right$. However, it is agreed that <br /> the Company waives its rights to recover against any Insured's client to the <br /> extent that any Insured had, prior to the Claim at issue, a written agreement with <br /> the. client to waive.such subrogation rights. Any and all such subrogation rights <br /> that may accrue as against any and all other parties shall remain intact and <br /> unchanged. <br /> Any more recovery (after first deducting. the costs and expenses incurred. by <br /> the Company in obtaining such recovery) shall first be paid to the Company to <br /> the extent of any Loss or Claim Expenses incurred by the Company, with the <br /> balance paid to an Insured. <br /> (E) Other Insurance <br /> i <br /> AEep 4240(06'.13) <br /> Page 16 of 21 <br />
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