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6.2A Page 43 (5) Any obligation for which the covered party or any insurance company as the covered party's insurer may be held liable under any workers' compensation, unemployment compensation, or disability benefits law or any similar law. This exclusion applies whether the covered party may be liable as an employer or in any other capacity. (6) Claims arising out of ownership, maintenance, management, supervision, or the condition or operation of any hospital, airport, marina, or community correcti.onal facility, except that liability for a marina will be covered if it is added to this MOC by endorsement upon approval by the Board, but only to the extent that the occurrence does not apply to any coverage normally afforded by Marina Operators' Protection and Indemnity Coverage or any similar coverage. (7) Claims arising out of any professional medical malpractice: (a) committed by a doctor, osteopath, chiropractor, dentist, or veterinarian; or (b) committed by any health care provider, as defined in Business & Professions Code Section 6146(c)(2), working for any hospital or hospital operated out-patient, in-patient, or other clinic at the time of the occurrence giving rise to the loss. (8) Claims arising out of partial or complete structural failure of a dam. (9) Fines, assessments, penalties, restitution, disgorgement, exemplary, or punitive damages. This exclusion applies whether the fme, assessment, disgorgement, exemplary, or punitive damage is awarded by a court or by an administrative or regulatory agency. "Restitution" and "disgorgement" as used herein refer to the order of a court or administrative agency for the return of a spec ific item of property or a specific sum of money, because such item of prope11y or sum of money was not lawfully or rightfully acquired by the covered party. (10) Claims for injury or damages caused by intentional conduct done with willful and conscious disregard of the rights or safety of others, or with malice. However, where the covered party did not authorize, ratify, participate in, consent to, or have knowledge of such conduct by its past or present employee, elected or appointed official, or volunteer, and the claim against the covered party is based solely on its vicarious liability arising from its relationship with such employee, official, or volunteer, this exclusion does not apply to said covered party. (11) Claims arising out of the hazardous properties of nuclear material. (12) (a) Claims arising out of or in connection with inverse condemnation caused by the construction of a public work or public improvement; land use regulation or planning; annexation; eminent domain; or other J:\BCJPIA\Admin\Documents\Goveming\MOC's and MPD's\2008-2009\Liability/Liability MOC 2008-2009 FINAL OS080S.doc 11