Res09 14919 - Laserfiche WebLink

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01/12/2009 (30) Claims by any covered party against its own past or present elected or appointed officials, employees, volunteers, or additional covered parties where such claim seeks damages payable to the covered party. (31) Claims arising out of radon, asbestos, asbestos fibers, asbestos products or by- products, or any asbestos - containing material, including any supervision, instructions, recommendations, notices, warnings, or advice given or which should have been given. in connection therewith or, (a) Any obligation of the covered party to indemnify or to contribute with another because of such claims; or, (b) Any obligation to defend any suit or claims against the covered party because of any such claim. However, the Authority will provide a defense up to the amount of $100,000 over the retained limit per occurrence. (32) Claims arising out of oral or written publication of material, if done by or at the direction of the covered party with knowledge of its falsity. (33) The cost of providing reasonable accommodation pursuant to the Americans with Disabilities Act, Fair Employment and Housing Act, or similar law. (B) This MOC does not apply under public officials errors and omissions, to: (1) bodily injury or personal injury; (2) physical injury to tangible property, including all resulting loss of use of that property; or (3) benefits payable under any employee benefit plan, whether the plan is voluntarily established by the covered party or mandated by statute, because of unlawful discrimination. SECTION VII - CONDITIONS 1. The covered party's duties in the event of occurrence, claim, or suit reasonably likely to involve the Authority are as follows. These provisions are conditions precedent to coverage afforded under this MOC. The covered party's failure to comply with any of these provisions shall void coverage herein. (a) The covered party shall notify the Authority within 30 days upon receipt of notice of a claim reasonably likely to exceed fifty percent of the retained limit or any occurrence involving: 0 (i) One or more fatalities; J:I BCJPIA1Admin \Documents\Governing\MOC's and MPD 's12008- 20091Liability/Liabiiity MOC 2008 -2009 FINAL 050808,doe 15 14919 MUFF #505