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01/12/2009 <br />condemnation. proceedings by whatever name called, where such claims <br />result from: <br />(i) The deliberate decision - making conduct of the covered party; or <br />(ii) A judicial, administrative, or legislative order; or <br />(iii) The initiative process, whether or not Iiability accrues directly <br />against the covered party by reason of any agreement into which <br />the covered party has entered. <br />(b) Exclusion (12)(a) does not apply to claims for property damage resulting <br />from: <br />(i) Weather conditions, such as rainfall, overflow of watercourses or <br />flooding, winds, snow, hail or ice, when, in, conjunction with the <br />negligent or inadequate design of, or the inadequate maintenance <br />of, the covered party's public work or public improvement, such <br />weather conditions act upon (or with) that public work or public <br />improvement; or <br />(ii) The accidental failure of a covered party's property or equipment; <br />or <br />(iii) Negligent or inadequate design or inadequate maintenance of a <br />public work or public improvement. <br />With respect to damages resulting from exception (12)(b)(i) and /or (12)(b)(iii) to <br />exclusion (12)(a), the covered party will be responsible for paying one -half of the <br />unpaid damages, attorney fees, and costs for any amount above its retained limit. <br />(c) Claims arising out of the design, construction, ownership, maintenance, <br />operation or use of any water treatment plant or wastewater treatment <br />plant. <br />This exclusion (12)(c) does not apply to claims for property damage resulting <br />from the accidental failure of the equipment utilized or contained within the water <br />treatment plant or the wastewater treatment plant. <br />(13) Property damage to: <br />(a) Property owned by the covered party. <br />(b) Property rented to or leased to the covered party where it has assumed <br />liability for damage to or destruction of such property, unless the covered <br />party would have been liable in the absence of such assumption of <br />liability. <br />(c) Aircraft or watercraft in the covered party's care, custody, or control. <br />J:\ BCJP1A1AdminWocuments \Governing\MOC's And MPD's12008- 20091Liability /Liability MOC 2008 -2009 FINAL 050808.doc 12 <br />14919 <br />MUFF #505 <br />