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Agmt BART Dark Fiber
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5/26/2021 3:30:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2020
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PERM
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(c) claim or suit brought under the Clean Water Act, including state or federal <br />enforcement actions under 33 U.S. Code sections 1319, et seq.; citizen suits <br />brought under sections 1365, et seq.; or state enforcement actions brought <br />under the California Water Code sections 13385, et seq.; or claims or suits <br />brought under any similar law relating to discharge permit violations. <br />29) Property of a Covered Party <br />Property damage to: <br />(a) property owned by the covered party; <br />(b) property rented to or leased to the covered party where it has assumed <br />liability for damage to or destruction of such property, unless the covered <br />party would have been liable in the absence of such assumption of liability; <br />or <br />(c) aircraft or watercraft in the covered party's care, custody or control. <br />Notwithstanding what is stated in the applicable declarations, the limit of coverage <br />for any property damage not excluded by the language of this exclusion, but which <br />is described in the care, custody or control hazard, shall be subject to a general <br />aggregate limit within Pool D only. The designated general aggregate limit of <br />$5,000,000 is the most the Authority will pay from Pool D for all ultimate net loss <br />described in the care, custody or control hazard for all covered parties, combined, <br />in any program year. <br />30) Public Officials Errors & Omissions— Fiduciary Liabilitv <br />Under public officials errors and omissions coverage, claims (including emotional <br />distress claims) arising from the covered party's activities in a fiduciary capacity <br />including but not limited to those with respect to: (a) property, including related <br />operations, in which the covered party is acting in a fiduciary or representative <br />capacity; (b) a pension, welfare, profit sharing, mutual or investment trust fund or <br />trust, benefit plan or similar activity in a fiduciary capacity; (c) the issuance, <br />management of proceeds or repayment of bonds, notes or other debt instruments <br />by any insured or any agent acting on behalf of such insured; or (d) the purchase, <br />transfer or sale of any securities by any insured or agent acting on behalf of such <br />insured. <br />Memorandum of Coverage <br />Effective: 0710112019 <br />'24 <br />
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