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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
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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 50 <br /> <br />provided hereunder will apply over the other co lIectible insurance or other coverage up to <br />the limits of the Authority's liability. <br /> <br />This coverage shall be in excess of, and shall not contribute with~ any insurance or <br />coverage which names a covered party herein as an additional covered party or <br />additional insured party, where coverage is extended to a loss also covered hereunder. In <br />order for the coverage herein to apply, the covered party must pay the full amount of its <br />retained limit. Payment of the retained limit by the covered party is required in <br />addition to and regardless of any payments from any other source for or on behalf of that <br />covered party. <br /> <br />S. Severability of Interests <br /> <br />The term covered party and its sub~terms including entity, covered individuaL and <br />additional covered party are used severally and not collectively, but the inclusion herein <br />of more than one covere<! party shall not operate to increase the limits of the <br />Authority's liability or die retained limit applicable per occurrence. <br /> <br />6. Accumulation of Limits <br /> <br />A claim which contains allegations extending to a duration of more than one coverage <br />period shall be treated as a single occurrence arising during the first coverage period <br />when the occurrence begins. <br /> <br />7. Termination <br /> <br />This MOC may be terminated at any time in accordance with the Bylaws of the <br />Authority . <br /> <br />8. Changes <br /> <br />Notice to any agent or knOWledge possessed by any agent of the Authority or by any <br />other person shall not effect a waiver or a change in any part of this MOC, nor shall the <br />terms of this MOC be waived or changed except by endorsement issued to form a part of <br />this MOC. <br /> <br />9. Arbitration <br /> <br />Decisions by the Authority whether to assume control of the negotiation, investigation, <br />defense, appeal, or settlement of a claim, or whether or not coverage exists for a <br />particular claim or part ofa claim shall be made by the Board. <br /> <br />Any dispute concerning a decision of the Authority to deny coverage for all or part of a <br />claim shall not be subject to any court action, but shall instead be submitted to binding <br />arbitration. The covered party must exhaust the right to appeal to the Board, if <br />applicable, before requesting arbitration of a dispute. <br /> <br />J:\BCJPIA \Admin\Documents\Goveming\MOC's and MPD's\2008-2009\LiabilitylLiability MOC 2008-2009 FINAL OS0808.doc 18 <br />
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