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Agreement Indigent Defense
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12. December
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2019-12-03 10:00 AM - Commissioners' Agenda
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Agreement Indigent Defense
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Last modified
12/11/2019 10:43:30 AM
Creation date
12/11/2019 10:43:01 AM
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Meeting
Date
12/3/2019
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
h
Item
Request to Approve an Agreement for Kittitas County District Court Indigent Defense Services (2020)
Order
8
Placement
Consent Agenda
Row ID
58292
Type
Agreement
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C. DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMHffS <br />1. Defense of Claims <br />We ha ve the right and duty to defend claims bro ught against you ><:e kin g damages to wh ich th is Policy applies, <br />even if the claims are groundless . However, we shall ha ve no duty to defend claims brought aga inst you <br />~king damages or asser"Jng daims not covered by tiis Policy . When we have pa id our Limits of Liabilit'( as <br />pr v!ded In the Deda ra ons of ttlis Pcl!cv as paym i!n of damages or cla im e-xpenses1 or after ce~si ng tJ-.e <br />ramali,J rg Lim it of Ua::i lity into the reg istry of a court of com peten t Jurlsd lction, ovr c ga on to pa y a y <br />damages or cl.ilm expenses, or to undertake or con nue ~ defen s.? of anv d.ilm (l( sul:, ~-U~ st.'Ch <br />pay-nelit or deposit, we have the right to Withd raw fr om tre r:t-~ cefense of he claim or suit by ten derng <br />the de~ se of the daim or suit to you. You agree to aceept the terder of the defcf'lsa " en we wi &.draw . <br />2 . Defense Counsel <br />Whi le we welcome your input In selectJng defense counsel, we reta in t"1e exdusive right to make tiat selectJon. <br />Our determination as to the reasonableness of daim expenses is coodus i~. <br />3 . Settlement <br />We will r~t settie a claim without your consent; r()we·~., you ma·1 not unreasonably withhold such consent. <br />If you withhold consent to any settlement that we recommer.d, t-.en our liability for the cJaim will r.ot ex~ <br />the amount for which t/:e claim could have ~n settled, i:;lus daim expenses Incurred up to the date of your <br />refusal to consent. '111".en total dalm expenses and damages reach the amount for which the dalm could <br />have been settled, plus claim expenses incurred up to tt.e date of your refusal to consent, we have no further <br />liability for claim expenses or damages and have the ri ght to witr.craw our defense of the claim . You agree <br />to accept the tender of the defense when we witt:draw. <br />You shall net settJe or offer to settle any daim, incur any claim expenses, enter Into a tolling agreement, or <br />otherwise assume any contractual obligation, 04" acmit any liability with re.pert to any dalm without our prior <br />written consent. We shall not be liable for any settlement, damages, daim expenses or assumed obligations <br />or admissions for wh ich we have not given our pr.or wnt:en consent. <br />4. COiiaborative Defense <br />Your deductible as provided In the Dedarations of this Policy will be reduced by fifty percent (50%) for the <br />relevant daim If we mutually collaborate with you to Sc;C""..essfully resol~ tt:e claim and, as a result of such <br />collaboration, any of the following ocrurs: <br />a. Toe dalm Is settled or resol'led by us at mediatoo before suit is tiled at terms and conditions, and for an <br />amount, acceptable to us; <br />b. Toe claim is settled or resolved at mediation within 365 days after suit Is filed at terms and concit:i0t1S, <br />and for an amount, acceptable to us; <br />c. Toe claim is settled or resol',ed as evidenced by a written settlement agreement and witl'lin 365 days of <br />the date the dalm Is reported to us at terms ar.d conditions, and f04" an amount, acceptable to us; or, <br />d. Toe claim Is settled or resolved by us within your deductible as provided in the Dedarations of t:his Policy, <br />lncludlr.g all payments ror damages and dalm expenses. <br />However, the amount of the deductible reduction will not exceed $25,000 for tr.e relevant claim. <br />5. Pre-Claim lrwestlgation Assistance <br />Prior to a claim being made against an Insured, we may, at our sole discretion, investigate and pay costs and <br />expenses that we Incur result!~ from such lnvestlgation of a potential dalm. In order to qualify for Pre-Calm <br />Investigation Assistance under this provision, potential daims must be otherwise covered under the terms and <br />conditions of the Policy . <br />6. Subpoena Assistance <br />a. In the event you receive a subpoena for documents or testimony arising out of legal services rendered <br />by you, and you request assistance from us by providing us with a copy of the subpoena, we will retain <br />an attorney : <br />ATY-0001-00-0116 Page 6 of 16 © 2016 Attorney Protective . All riQhts reseM!d .
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