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01/12/2009 BAY CITIES JOINT POWERS INSURANCE AUTHORITY (BCJPIA) POOLED LIABILITY PROGRAM (PLP) MEMORANDUM OF COVERAGE FORM NO. BCJPIA 2008 -09 GL 2008 -2009 This Memorandum of Coverage (MOC) sets forth the terms, conditions, and limitations of coverage provided under the Pooled Liability Program (P.LP). The terms of this MOC may not be changed or waived except by amendment made a part of this MOC. Throughout this MOC, words and phrases that appear in bold have special meaning. They are defined in Section 11, "Definitions" or in the Master Program Document. In consideration of the payment of the deposit premium, the Authority agrees with the covered parties as follows: SECTION I - COVERAGE The Authority will pay up to the limit of coverage those sums on behalf of the covered parties for the ultimate net loss, less the retained limit, that the covered parties become legally obligated to pay as damages because of bodily injury, property damage, personal injury, public officials errors and omissions, or sudden and accidental pollution, as those terms are herein defined and to which this MOC applies, caused by an occurrence during the coverage period, except as otherwise excluded. This MOC does not provide insurance, but instead provides for pooled self-insurance. This MOC is a negotiated agreement amongst the members of the Authority and none of the parties to the MOC are entitled to rely on any contract interpretation principles which require interpretation of ambiguous language against the drafter of such agreement. This MOC shall be applied according to the principles of contract law, giving full effect to the intent of the members of the Authority, acting through the Board in adopting this MOC. As the Authority is not an insurer, it has no obligation to issue reservation of rights letters, nor does it have an obligation to provide "Cumis" counsel to a covered party in disputed coverage situations under Civil Code §2860. Finally, failure to provide such notice to a covered party of any coverage dispute shall not operate to waive any of the provisions of this MOC. SECTION II - .DEFINITIONS 1. Aircraft means a vehicle designed for the transport of persons or property principally in the air. 2. Authority means the Bay Cities Joint Powers Insurance Authority. J: NBCJ. P[ A1Admin lDocuments\Governing\MOC's and MPD 's1� 20091Liability/Liability MOC 2008 -2009 FINAL 050808.doc 14919 MUFF #505