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AgdaPkt 2009-01-12 clsd and reg
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AgdaPkt 2009-01-12 clsd and reg
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Last modified
6/10/2009 8:48:38 AM
Creation date
1/8/2009 1:43:05 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
1/12/2009
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<br />6.2A <br />Page 41 <br /> <br />into the environment intentionally or accidentally or gradually or suddenly and <br />whether or not the covered party or any other person or organization is <br />responsible for the contamination. However, as to any such claim for damages for <br />personal injury or to real property no longer owned, maintained, or used by the <br />covered party, the Authority will provide a defense up to the amount of <br />$100,000 over the retained limit per occurrence for any such pollution related <br />claim. <br /> <br />"Contamination" includes any unclean, unsafe, or unhealthful condition, either <br />actual or potential, which arises out of the presence in the environment of any <br />pollutant whether permanent or transient. '~Environment" includes land, bodies <br />of water, underground water or water table or aquifer, the atmosphere, and any <br />other natural feature of the earth, whether or not altered, developed or cultivated. <br /> <br />This exclusion does not apply to flfefighting activities, including training bums, <br />or intentional demo lition or bums for the purpose of limiting a fIre, or to the <br />discharge of pollutants for the purpose of controlling a fife or to police use of <br />mace, oleoresin capsicum (O.C. or pepper gas), or tear gas, or to weed abatement, <br />or to tree spraying, or to claims arising from sudden and accidental sewer <br />backups, with coverage provided and limited to an amount up to $100,000 over <br />the retained limit per occurrence. <br /> <br />This exclusion does not apply to claims arising from the sudden and accidental <br />discharge, dispersal, release, or escape of chlorine and other chemicals (gas, <br />liquid, or solid) which are being used or being prepared for use in fresh or waste <br />water treatment or in water used in swimming poo Is, wading poo Is, or decorative <br />fountains, with coverage provided and limited to an amount up to $100,000 over <br />the retained limit" per occurrence. As used herein, "sudden" means abrupt or <br />immediate, and occurring within a period not exceeding twenty-four (24) hours; <br />"accidental" means causing harm neither expected nor intended by a covered <br />party. <br /> <br />This exclusion does not apply to claims arising from materials being collected as <br />part of any drop off or curbside recycling program implemented and operated by <br />the covered party, if the materials have not been stored by the covered party or <br />parties for a continuous period exceeding sixty (60) days. Notwithstanding what <br />is stated in the applicable Declarations, the limit of coverage for claims described <br />in this exception will be subject to a sub limit of$100,000. <br /> <br />This exclusion does not apply to claims arising from mold and/or fungus, with <br />coverage limited to an amount up to $100,000 over the retained limit per <br />occurrence. <br /> <br />This exclusion does not apply to property damage or bodily injury caused by a <br />covered party's response to "contamination" caused by a third-party unrelated to <br /> <br />J:\BCJPIA\Admin\Documents\Goveming\MOC's and MPD's\200S-2009\Liability/Liability MOC 2008-2009 FINAL 05080S,doc 9 <br />
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