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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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39) Watercraft <br />For any motorized watercraft owned, operated, rented, or loaned to a covered <br />party, to (1) bodily injury or property damage arising out of the use of watercraft <br />unless such use is by an entity employee acting within the course and scope of <br />employment; and (2) to watercraft being used to carry persons or property for a <br />charge. Charge, as used herein, includes any payment or fee, including a donation. <br />Use includes operation and loading or unloading. Use does not include static <br />displays of watercraft. <br />40) Willful Violation of Statute <br />Claims arising out of the willful violation of a statute or ordinance committed by <br />the covered party or with its consent. <br />SECTION VII - CONDITIONS <br />1) _Covered Party's Duties in the Event of Occurrence Claim or Suit <br />(a) The covered party shall notify the Authority within 30 days upon receipt of <br />notice of a claim, or the setting of a reserve on any claim or suit including <br />multiple claims or suits arising out of one occurrence, such claim or reserve <br />amounting to fifty percent or more of the retained limit; Title 42 USC 1983 <br />cases in which a complaint has been served and the plaintiff is represented <br />by legal counsel or with reserves of twenty-five percent or more of the <br />retained limit; or regardless of reserve, any claim involving: <br />1) one or more fatalities; <br />2) loss of a limb; <br />3) loss of use of any sensory organ; <br />4) quadriplegia or paraplegia; <br />5) third degree burns involving ten percent or more of the body; <br />6) serious facial disfigurement; <br />7) paralysis; or <br />8) closed head injuries. <br />Written notice containing particulars sufficient to identify the covered party <br />and also reasonably obtainable information with respect to the time, place <br />and circumstances thereof, and the names and addresses of the covered party <br />and of available witnesses, shall be given by or for the covered party to the <br />Authority or any of its authorized agents as soon as possible. <br />(b) The covered party shall notify the Authority within 30 days upon receipt of <br />lawsuit containing allegations involving employment practices liability. <br />Memorandum of Coverage <br />Effective: 0710112019 <br />M <br />
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