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<br />6.2A <br />Page 46 <br /> <br />(23) Claims against a covered party for d8:mages other than property damage <br />arising out of: <br /> <br />(a) estimates ofprobable cost or cost estimates being exceeded, or <br /> <br />(b) faulty preparation of bid specifications or plans, including architectural <br />plans, wl1ess prepared by a qualified licensed and/or registered engineer or <br />architect who is the appointed City Engineer or an employee of the <br />covered party. <br /> <br />(24) (a) <br /> <br />Claims arising out of failure to perform, or breach of~ a contractual <br />obligation. <br /> <br />(b) Claims arising out of liability assumed under any contract or agreement, <br />except liability that would be imposed by law in the absence of the <br />contract or agreement, or when such assumption is the subject of a duly ~ <br />issued certificate of additional covered party; but such assumption is <br />covered only up to the limit of coverage stated in the certificate. This <br />exclusion does not apply to liability assumed in a contract or agreement <br />that is a covered indemnity contract, provided the bodily injury or <br />property damage occurs subsequent to the execution of the contract or <br />agreement. <br /> <br />Exclusions (24)(a) and (24)(b) are not applicable to mutual aid <br />agreements. <br /> <br />(25) Claims arising out of the Employee Retirement Income Security Act of 1974 or <br />any law amendatory thereof, or any similar law, or arising out of fiduciary <br />activities with respect to employee benefit plans. <br /> <br />(26) Claims arising out of ownership, maintenance, management, supervision, or the <br />condition of any property owned, operated, or controlled by a housing authority, <br />unless all of the individuals involved in the operation of the housing authority <br />are officials or employees of the Participant. <br /> <br />(27) Claims arising out of the ownership, operation~ maintenance, or control of any <br />permanent landfill site or facility. Landfill includes any site for permanent <br />storage~ accumulation, burial, compost, sludge, or any other process for reducing <br />or disposing of waste. <br /> <br />(28) Ultimate net loss arising out of relief or redress, in any form other than damages. <br /> <br />(29) Claims ari.sing out of bun gee jumping or propelling activities sponsored, <br />controlled, or authorized by a covered party. <br /> <br />J:\BCJPIA\Admin\Documents\Goveming\MOC's and MPD's\2008-2009\LiabilitylLiabiJity MOC 2008-2009 FINAL OS080S.doc 14 <br />