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EWC MOC 7/1/2012 Page 8 of 10 <br />are respectively claimed and proven in conformity with this <br />Memorandum. <br /> <br />VII. PAYMENTS THE COVERED PARTY MUST MAKE: The Covered Party shall <br />be responsible for any payments in excess of the benefits regularly provided by <br />the Workers’ Compensation Act, including but not limited to those required <br />because: <br /> <br />A. of serious and willful misconduct on the part of the Covered Party; <br /> <br />B. the Covered Party knowingly employs an employee in violation of the <br />law; <br /> <br />C. the Covered Party fails to comply with a health or safety law or <br />regulation; however, this does not apply to recommendations <br />promulgated by the Joint Commission for Accreditation of Health; <br /> <br />D. of discharge, coercion, or discrimination against any employee in <br />violation of the Workers’ Compensation Act; <br /> <br />E. of claims relating to or in any way arising out of California Labor Code <br />Section 132(a); <br /> <br />F. of the unreasonable delay or failure to make payments o f <br />compensation by or on behalf of the Covered Party, including the <br />legal fees associated with defending resulting claims or suits; <br /> <br />G. the Covered Party violates or fails to comply with the Workers’ <br />Compensation Act. <br /> <br />If the Authority makes any payments on behalf of the Covered Party in excess of <br />the benefits regularly provided by the Workers’ Compensation Act, the Covered <br />Party will reimburse the Authority promptly. <br /> <br />VIII. SUBROGATION: In the event of any payment under this Memorandum, the <br />Authority shall be subrogated, to the extent of such payment, to all the Covered <br />Party’s rights of recovery therefore, and the Covered Party shall execute all <br />papers required and shall do everything that may be necessary to secure such <br />rights. Any amount recovered as a result of such proceedings, together with all <br />expenses necessary to the recovery of any such amount shall be apportioned as <br />follows: The Authority shall first be reimbursed to the extent of its actual payment <br />hereunder. If any balance then remains, said balance shall be applied to <br />reimburse the Covered Party. The expenses of all proceedings necessary to <br />the recovery of such amount shall be apportioned between the Covered Party <br />and the Authority in the ratio of their respective recoveries as finally settled. If <br />6.1.C. - Page 57