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<br />Declarations, the maximum amount of the "Covered Party's" Retention and the <br />maximum limit of the Authority's indemnity hereunder shall not exceed the amounts <br />specified in Items 4 (a) and 4 (b) of the Declarations. <br /> <br />DEFINITIONS <br /> <br />Wherever used in this Memorandum. <br /> <br />I. <br /> <br />"BODILY INJURY": The term "bodily injury" shall include death resulting therefrom <br />but shall not include "occupational disease"; <br /> <br />II. <br /> <br />"COMMUNICABLE DISEASE" shall mean a disease caused by an infectious <br />organism. which is transmissible from one source to another, directly or indirectly; <br /> <br />III. <br /> <br />"COVERED PARTY" shall include all entities named in Item 1 of the Declarations and <br />any named insured as defined by any Workers' Compensation Act; <br /> <br />IV. <br /> <br />"EMPLOYEE": The word "employee" shall mean, as respects liability imposed upon <br />the "Covered Party" by the "Workers' Compensation Act" of any state, any person <br />performing work which renders the "Covered Party" liable under any "Workers' <br />Compensation Act", provided such person's normal employment or residence is <br />located in a state named in Item 3 of the Declarations, for "bodily injury" or <br />"occupational disease" sustained by such person; <br /> <br />V. <br /> <br />"EMPLOYERS' LIABILITY": The term "Employers' Liability" shall not include any <br />"Bodily Injury" arising out of the course and scope of employment; <br /> <br />VI. <br /> <br />"JOINT POWERS AGREEMENT" or "AGREEMENT" shall mean the Joint Powers <br />Agreement, as amended, creating the CSAC Excess Insurance Authority; <br /> <br />VII. <br /> <br />"LOSS": The word "loss" shall mean only such amounts as are actually paid by the <br />"Covered Party" in payment of benefits under the applicable "Workers' <br />Compensation Act", or in payment of amounts imposed upon the "Covered Party" <br />by "Employers' Liability", in settlement of claims for such benefits or damages, or <br />satisfaction of awards or judgments for such benefits and damages, including court <br />costs, interest upon awards or judgments and allocated investigation, adjustment and <br />legal expenses, but the term "loss" shall not include as expenses, salaries paid to <br />"employees" of the "Covered Party", nor fees and retainers paid to any service <br />organization; <br /> <br />VIII. <br /> <br />"OCCUPATIONAL DISEASE": The term "occupational disease" shall include <br />death resulting therefrom and cumulative injuries; <br /> <br />IX. <br /> <br />"OCCURRENCE": (A) All "Bodily Injury" sustained by one or more "employees", <br />as a result of a single accident, shall be deemed to arise from a single "occurrence". <br />(B) "Occupational disease" sustained by each "employee" shall be deemed to <br /> <br />Form 7/1/2004 <br /> <br />Page 2 of 8 <br /> <br />.~..__._u--..__. L_' <br />