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3) A self-insurance pooling joint powers authority which provides coverage to the covered party; or 4) A party making payment because of a contractual indemnity agreement with the covered party. In the event that one of the sources listed above provides indemnity coverage to the covered party and other defendant(s) in the claim or suit, only those sums paid on behalf of the covered party shall be used to satisfy the retained limit. If payment is for a settlement, payment will be allocated between the covered party and the other defendant(s) in accordance with their court -determined shares of liability, or in an allocation according to liability as agreed upon by the covered party and the Authority. In the event that the covered party and the Authority are unable to agree upon an allocation, the matter will be submitted binding arbitration for a determination of the respective shares of liability. This determination will be according to the procedures set forth in the California Code of Civil Procedure, each side to bear its own costs. 26) Fireworks Retained Limit For any fireworks display or demonstration sponsored or controlled by the covered party, if the covered party has not secured an additional insured endorsement in its favor from the fireworks vendor's insurance or coverage provider with limits in an amount of at least $5 million dedicated, project specific aggregate limit, the Retained Limit will not be satisfied by any payment by the insurance or coverage provider for the vendor (see Definition 25(d)), and must instead be paid by the covered party; and the applicable Retained Limit will be increased by 50% (fifty percent) for any claim(s) arising out of the fireworks display or demonstration. 27) Sexual harassment means unwelcome sexual advances and/or requests for sexual favors and/or other verbal or physical conduct of a sexual nature that: (1) are made a condition of employment; and/or (2) are used as a basis for employment decisions; and/or (3) create a work environment that is intimidating, hostile or offensive, or interfere with performance. 28) Ultimate net loss means the total of all defense costs incurred by the covered parties and all damages for which the covered parties are liable either by adjudication or by compromise with the written consent of the Authority, arising from an occurrence to which this coverage applies. However, ultimate net loss does not include defense expenses incurred by the Authority after the Authority assumes control of the negotiation, investigation, defense, appeal or settlement of any claim or proceeding. Ultimate net loss also does not include attorney's fees or costs awarded to the prevailing party in a suit except where such attorney's fees or costs are attributable to a claim for compensatory damages covered by this Memorandum. Memorandum of coverage Effective: 0710112019 11