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for inclusion in the agenda packet, it can be postponed to the next following Board meeting. The General Manger and the covered party will have the right to submit written materials a.nd present oral argument to the Board, subject to reasonable time constraints. Within sixty (60) days following any denial of coverage by the Board, the covered party may request, in writing, that the Authority initiate a declaratory relief action in Superior Court for a determination of the coverage matter. The declaratory relief action shall be initiated in the County of the Authority's home office, unless the Authority and covered party agree on a different venue. Any determination by the Executive Committee, and by the Board of Directors if the matter is appealed to the Board of Directors, whether a Covered Party has breached parts (1) (a) or (b) of these Conditions concerning notice of a claim, and any determination whether the Authority has been prejudiced by that breach, so that this coverage does not apply, comes within the sole discretion of the Executive Committee and Board of Directors, respectively. Such determinations shall be conclusive, final and binding and shall not be the subject of any further review, whether by declaratory relief action or otherwise. Under no circumstances shall the Authority be liable for consequential damages, "bad faith" damages, or any sums beyond the amounts due under Section I — Coverages, plus interest at the same rate as the Authority earned on investments for the time period involved. 11) Arbitration of Coverage Disputes (a) Coverage Determinations Determinations regarding allocation of funds spent in settlement or defense of claims, for purposes of determining satisfaction of the Retained Limit under Definition 25, shall be subject to binding arbitration as set forth below. Additionally, the Authority and covered parties by mutual agreement may agree to submit any other coverage dispute to binding arbitration in the alternative to the procedure set forth in Section VII (10) above. 1) Selection of Arbitrators If an appeal of a Board decision is submitted to arbitration, each side shall, within ten ,(10) calendar days, select one (1) arbitrator and submit his or her name in writing to the other side. Within ten (10) calendar days after their selection, these two arbitrators shall select a third independent arbitrator. If the two sides cannot agree on the selection of the third arbitrator within ten (10) calendar days, either side may petition the Alameda County Superior Court for the appointment of the third arbitrator Memorandum of Coverage Effective: 0710112019 30