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EWC MOC 7/1/2012 Page 2 of 10 <br />1. bodily injury or occupational disease covered by a <br />protection and indemnity coverage or similar policy issued to or <br />on behalf of the Covered Party <br /> <br />2. The duty to provide transportation, wages, and maintenance. <br /> <br />II. RETENTION AND INDEMNITY: As respects loss which the Covered Party <br />sustains as a result of each occurrence, the Covered Party shall retain loss in <br />the amount of the Covered Party’s Retention specified in the Declarations, and <br />the Authority agrees to indemnify the Covered Party against loss in excess of <br />such Retention. Notwithstanding the application of this Memorandum to loss <br />sustained by the Covered Party under Coverage Agreements I.A. or I.B., and <br />regardless of the number of entities named in the Declarations, or otherwise <br />qualifying as Covered Parties, the maximum amount of the Covered Party’s <br />Retention and the maximum limit of the Authority’s indemnity hereunder shall not <br />exceed the amounts specified in the Declarations. <br /> <br /> <br />DEFINITIONS <br /> <br />Wherever used in this Memorandum, the following definition of terms shall apply: <br /> <br />I. BODILY INJURY: The term bodily injury shall include death resulting <br />therefrom but shall not include occupational disease. <br /> <br />II. COMMUNICABLE DISEASE shall mean a disease caused by an infectious <br />organism, which is transmissible from one source to another, directly or <br />indirectly. <br /> <br />COVERED PARTY shall include all entities named in the Declarations and any related <br />“employer” as defined by any applicable Workers’ Compensation Act. <br /> <br />IV. EMPLOYEE: The term employee shall mean, as respects liability imposed upon <br />the Covered Party by the Workers’ Compensation Act of any applicable state, <br />any person performing work which renders the Covered Party liable under any <br />Workers’ Compensation Act, provided such person’s normal employment or <br />residence is located in California, for bodily injury or occupational disease <br />sustained by such person. <br /> <br />V. JOINT POWERS AGREEMENT or AGREEMENT shall mean the Joint Powers <br />Agreement, as amended, creating the CSAC Excess Insurance Authority. <br /> <br />VI. LOSS: The term loss shall mean only such amounts as are actually paid by the <br />Covered Party as benefits under the applicable Workers’ Compensation Act, <br />or in payment of amounts imposed upon the Covered Party by “Employers’ <br />Liability”, in settlement of claims for such benefits or damages, or satisfaction of <br />6.1.C. - Page 51