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<br />joint powers authority, or any joint powers agreement which creates a separate
<br />agency or entity, unless added hereto by endorsement. However, as to any person
<br />who is an official, employee, or volunteer of the Participant and is participating
<br />in the activities of any other joint powers authority or any separate agency or
<br />entity created under any joint powers agreement on behalf of that named entity,
<br />the coverage afforded by this MOC will apply in excess of and shall not
<br />contribute with any collectible insurance or other coverage provided to or through
<br />the other joint powers authority or joint powers agreement covering a loss also
<br />covered hereunder (whether on a primary, excess, or contingent basis).
<br />(f) With respect to any automobile owned by the covered party or leased or hired
<br />for use by or on behalf of the covered party, any person while using such
<br />automobile, and any person or organization legally responsible for the use
<br />thereof, provided its actual use is with the permission of the Participant, except:
<br />(i) Any person or organization, or any agent or employee thereof, operating
<br />an. automobile sales agency, repair shop, service station, storage garage,
<br />or public parking place, with respect to an occurrence arising out of the
<br />operation thereof, including road testing and delivery; or
<br />(ii) The owner or any lessee, other than the covered party, of a leased or
<br />hired automobile, or any agent or employee of such owner or lessee.
<br />(iii) This MOC does not provide uninsured or underinsured motorist coverage.
<br />(g) Notwithstanding sections (b) and (f) above, the defense and indemnity coverage
<br />afforded by this MOC to a past or present official, employee, or volunteer of a
<br />Participant (including a Participant of a member joint powers authority) is not
<br />broader than the Participant's duty to defend and indemnify its official,
<br />employee, or volunteer pursuant to California Government Code Section §815,
<br />815.3, 825 to 825.6, 995 to 996.6, inclusive, and any amendments thereof.. if the
<br />Participant which employs the official, employee, or volunteer is not obligated
<br />under the California Government Code to provide a defense, or to provide
<br />indemnity for a claim, or if said Participant refuses to provide such defense
<br />and /or indemnity to said official, employee, or volunteer, then this MOC shall not
<br />provide any such defense or indemnity coverage to said official, employee, or
<br />volunteer.. All immunities, defenses, rights and privileges afforded to a
<br />Participant under California Government Code Section §815, 815.3, 825 to
<br />825.6, 995 to 996.6, inclusive, and any amendments thereof, shall be afforded to
<br />the Authority to bar any defense or indemnity coverage under this MOC to that
<br />Participant's official, employee, or volunteer.
<br />7. Dam means any artificial barrier, together with appurtenant works, which. does or may
<br />impound or divert water, and which either (a) is 25 feet or more in height from the natural
<br />bed of the stream or watercourse at the downstream toe of the barrier, or from the lowest
<br />elevation of the outside limit of the barrier, if it is not across a stream, channel, or
<br />J:I BCJPIA1AdminlDocuments lGoveming\MOC's and MPD's12008- 20091Liability /Liability MOC 2008 -2009 FINAL 050808.doe 3
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