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<br />6.2A <br />Page 47 <br /> <br />(30) Claims by any covered party against its own past or present elected or appointed <br />officials, employees, volunteers, or additional covered parties where such claim <br />seeks damages payable to the covered party. <br /> <br />(31) Claims arising out of radon, asbestos, asbestos fibers~ asbestos products or by- <br />products, or any asbestos-containing material, including any supervision, <br />instructions, recommendations, notices, warnings, or advice given or which <br />should have been given in connection therewith or, <br /> <br />(a) Any obligation of the covered party to indemnify or to contribute with <br />another because of such claims; or, <br /> <br />(b) Any obligation to defend any suit or claims against the covered party <br />because of any such claim. <br /> <br />However, the Authority will provide a defense up to the amqunt of $100,000 <br />over the retained limit per occurrence. - <br /> <br />(32) Claims arising out of oral or written publication of material, if done by or at the <br />direction of the covered party with knowledge of its falsity. <br /> <br />(33) The cost of providing reasonable accommodation pursuant to the Americans with <br />Disabilities Act, Fair Employment and Housing Act, or similar law. <br /> <br />(B) This MOC does not apply under public officials errors and omissions, to: <br /> <br />(1) bodily injury or personal injury; <br /> <br />(2) physical injury to tangible property, including all resulting loss of use of that <br />property; or <br /> <br />(3) benefits payable under any employee benefit plan, whether the plan is voluntarily <br />established by the covered party or mandated by statute, because of unlawful <br />discrimination. <br /> <br />SECTION vn - CONDITIONS <br /> <br />1. The covered party's duties in the event of occurrence, claim, or suit reasonably likely to <br />invo Ive the Authority are as fo llows. These provisions are conditions precedent to <br />coverage afforded under this MOC. The covered party's failure to comply with any of <br />these provisions shall void coverage herein. <br /> <br />(a) The covered party shall notify the Authority within 30 days upon receipt of <br />notice of a claim reasonably likely to exceed fifty percent of the retained limit or <br />any occurrence involving: <br /> <br />(i) One or more fatalities; <br /> <br />J:\BCJPIA\Admin\Documents\Goveming\MOC's and MPD's\2008-2009\Liabilitynjability MOC 2008-2009 FINAL 050808.doc 15 <br />