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Res09 14919
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Res09 14919
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Last modified
4/13/2011 5:07:07 PM
Creation date
1/15/2009 4:20:00 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
1/12/2009
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01/12/2009 <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 />"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 />This exclusion does not apply to firefighting activities, including training burns, <br />or intentional demolition or burns for the purpose of limiting a fire, or to the <br />discharge of pollutants for the purpose of controlling a fire 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 />Q 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 pools, wading pools, 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 />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 />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 />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 />X1 <br />J: IBCJPIA1 Admin\Documents\Governing\MOC's and MPD's 12008- 20091Liability/'Liability MOC 2008 -2009 FINAL 050808,doe 9 <br />14919 <br />MUFF #505 <br />
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