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EWC MOC 7/1/2012 Page 5 of 10 <br />VII. Loss arising out of operations for which the Covered Party has violated or failed <br />to comply with any Workers’ Compensation Law; <br /> <br />VIII. Loss arising out of operations for which the Covered Party has rejected any <br />Workers’ Compensation Law; <br /> <br />IX. Punitive or Exemplary Damages, fines or penalties assessed against or imposed <br />upon the Covered Party: <br /> <br />A. On account of bodily injury or occupational disease sustained by <br />any employee; or <br /> <br />B. On account of the conduct of the Covered Party or any of its agents (i) <br />in the investigation, trial or settlement of any claim for benefits under <br />the applicable Workers’ Compensation Act or for damages at law, or <br />(ii) in failing to pay or delaying the payment of any such benefits or <br />damages; or <br /> <br />C. On account of violation of any statute or regulation; or <br /> <br />D. On account of bodily injury or occupational disease intentionally <br />caused or aggravated by the Covered Party; or <br /> <br />E. On account of bodily injury arising out of termination of employment; <br />or <br /> <br />F. On account of bodily injury arising out of the coercion, demotion, <br />reassignment, discipline, defamation, harassment or humiliation of, or <br />discrimination against any employee. <br /> <br /> <br />CONDITIONS <br /> <br />I. PREMIUMS: The Board of Directors of the Authority shall assess the premium <br />for the Excess Workers’ Compensation Program to participating Covered <br />Parties. Such premiums shall be calculated in accordance with Article 14 of the <br />Joint Powers Agreement. <br /> <br />II. VOLUNTEERS: This Memorandum shall apply to loss on account of bodily <br />injury or occupational disease sustained by volunteer workers while acting <br />within the scope of their duties for or on behalf of the Covered Party, provided <br />that, prior to the occurrence, the Governing Board of the Covered Party has <br />adopted a resolution as provided in Division 4, Part 1, Chapter 2, Article 2, of the <br />California Labor Code, declaring such volunteer workers to be employees of the <br />Covered Party for purposes of the Workers’ Compensation Act; or provided <br />that such volunteer workers are statutorily deemed by the Workers’ <br />6.1.C. - Page 54