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Program Manual - Saint Louis University

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. <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong> and its attorneys may offer counsel with respect to<br />

claims for punitive or exemplary damages without voiding other<br />

provisions of this document and without incurring liability to pay any<br />

judgment or claim for or on account of punitive or exemplary damages.<br />

c. As a condition of coverage under this agreement, all protected persons<br />

hereby assign their right to waive any conflicts of interest, with respect to<br />

the retention of counsel, to <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong>. This assignment shall<br />

become null and void to the extent a claim involves allegations outside the<br />

scope of protection provided hereunder.<br />

d. <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong> may settle any claim or suit brought against any<br />

protected person, as it deems proper. Any protected person may be<br />

consulted prior to settlement to determine their views concerning<br />

compromise. However, <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong>, through its authorized<br />

representatives, shall ultimately determine whether settlement shall occur<br />

and at what amount and the decision shall be final.<br />

e. All protected persons, as a condition for the protection afforded, shall be<br />

required to cooperate fully with <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong> and its designated<br />

counsel and personnel in processing and defending any claims or suits<br />

directed against any protected person or against <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong> as<br />

a result of the activity of the protected person.<br />

6. EFFECTIVE DATES<br />

a. Subject to all terms and conditions contained herein, this Letter of<br />

Indemnity covers protected persons for claims or suits arising from health<br />

care services rendered July 1, 2009 through June 30, 2010 irrespective of<br />

the date a claim for damages or lawsuit is first presented to the protected<br />

person or <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong>. Claims and suits presented February 28,<br />

1998 and after, but related to health care services rendered prior to<br />

February 28, 1998, will be governed by the Letter of Indemnity in effect at<br />

the time of the subject health care service.<br />

7. LIMIT OF FINANCIAL LIABILITY<br />

a. The extent of protection provided by <strong>Saint</strong> <strong>Louis</strong> <strong>University</strong> to each<br />

protected person under this Letter of Indemnity is $1,000,000 per<br />

occurrence, inclusive of allocated claims adjustment expenses, subject to a<br />

combined maximum aggregate of $3,000,000, over the effective period,<br />

for all claims and suits against all protected persons and <strong>Saint</strong> <strong>Louis</strong><br />

<strong>University</strong>.<br />

b. In addition to the levels of protection provided by this Letter of Indemnity,<br />

<strong>Saint</strong> <strong>Louis</strong> <strong>University</strong> has purchased, on behalf of the institution and on<br />

behalf of all protected persons, excess commercial insurance in the<br />

amounts at least equal to $20,000,000 per occurrence and $20,000,000 in<br />

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