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Indigent Defense Services Agreement
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02. February
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2019-02-05 10:00 AM - Commissioners' Agenda
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Indigent Defense Services Agreement
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Last modified
2/11/2019 11:21:07 AM
Creation date
2/11/2019 11:20:10 AM
Metadata
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Template:
Meeting
Date
2/5/2019
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
g
Item
Request to Approve an Agreement for Indigent Defense Services for Upper District Court
Order
7
Placement
Consent Agenda
Row ID
51104
Type
Agreement
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7. Po li cy Territory <br />Thi s Policy applies to a wrongful act taking place anywhere in the world, provi ded that the claim is made and <br />suit is broug ht aga in st the Insured within the United States of Amer ica , its territories or possess ions, Puerto Rico <br />or Canada . <br />8 . Material Change <br />a. The Named Insured sha ll immediately, but in no eve nt later than th irty (30) days, report to us in writ in g <br />any material change that occurs durin g the policy period . In each case of a material change, we shall <br />have the right to decline coverage, or to accept or alter coverage and charge an additiona l premium for <br />the materia l change . This Policy shall prov ide no coverage with respect to any claim made against any <br />Insured where a material change has occurred, or based upon or arising from an y wrongful act <br />comm itted or allegedly committed on or subsequent to the t im e and date of any acquis ition, merger or <br />dissolution if we have not been notifi ed of such material change. <br />b. A material change includes, but is not limited to, the following: <br />(1) A twenty-five percent (25%) increase or decrease in the total number of attorneys covered in this <br />Policy as represented in the Application; <br />(2) Any mergers, acquisitions, sp in-offs, dissolutions or spl its involving the Named Insured ; however, <br />the Named Insured must provide written notice to us prior to the completion of t hi s activity; <br />(3) Financial impairm ent of t he Named Insured , includ in g but not limited to the appo intment of a <br />receiver, conservator, liquidator, or trustee for the Named Insured , or if the Named Insured has <br />become a debtor in possession under bankruptcy laws; <br />(4) When any lawyer joining the Named Insured during t he policy period is aware of any claim or <br />potential claim t hat had been alleged aga inst that lawyer prior to joining the Named Insured ; or, <br />(5) When any lawyer joining the Named Insured during the policy period is subject to any <br />disciplinary proceeding by any court or bar assoc iation or has been reprimanded, cens ured or <br />disbarred or prohibited from practicin g law in a specific area before any court or adm in istrative <br />agency. <br />9. Other Insurance <br />The insurance provided for in th is Po licy sha ll be excess over all other valid and collect ible insurance, whether <br />such insurance is stated to be primary, contributory, excess , umbrella, contingent or otherwise. In no event shall <br />we be respons ible under this Po li cy for a greater proportion of such damages and claim expenses than the <br />Limit of Liab ili ty under this Policy bears to the total limits of liability under all applicable insurance issued by all <br />compan ies unless such other in suran ce is specifica ll y purchased to apply in excess of the Limits of Liability of this <br />Pol icy. <br />10 . Waiver <br />Our failure to insist on strict comp li ance with any of the terms, prov isions or cond it ions of this Po licy, or the <br />fa ilure to exercise any provision, right or privilege under th is Pol icy, shall not operate as, nor be construed as, a <br />waiver or change to any provision of this Pol icy. None of the provisions of this Pol icy will be waived, changed or <br />modified unless made by written endorsement to thi s Po licy and signed by our a uthorized representative . <br />11. cancellation and Nonrenewal <br />a . This Po li cy may be canceled by the Named Insured by provid ing written notice to us. The cancellation <br />shall be effective on the date specified by the Named Insured or the date the notice is received by us, <br />whichever is later. <br />b. If we cancel this Policy , the earned premium shall be computed pro rata. If the Named Insured ca nce ls <br />this Po licy, the Policy premium will be the amount calculated in accordance w ith the sta ndard short rate <br />tables and procedures. Prem ium adjustments shall be made within a reasonable period of t ime after <br />cancellat ion . <br />c. If we cance l or non -renew this Pol icy for any reason other than non-payment of prem ium, we shall provide <br />written notice to the Named Insured not less than thirty (30) days prior to the effective date of the <br />ATY-0001 -00-0116 Page 12 of 16 © 2016 Attorney Protective. All ri ghts reserved.
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