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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE <br />This MEMORANDUM provides pooled risk sharing among the MEMBERS of the Big Indepen~ <br />Cities Excess Pool Joint Powers Authority (BICEP) pursuant to Government Code sections 990.8 <br />6500, et seq. <br />In consideration of the MEMBER'S payment of the premium, BICEP and the MEMBER agree <br />follows: <br />SECTION I -- COVERAGES <br />BICEP will pay those sums on behalf of the COVERED PARTY for COVERED ULTIMATE NI <br />LOSS that the COVERED PARTY becomes legally obligated to pay as DAMAGES by reason <br />liability imposed by law or assumed under a COVERED INDEMNITY CONTRACT because <br />BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY, EMPLOYMENT PRACTICE <br />LAND USE CLAIM, or PUBLIC ENTITY ERRORS AND OMISSIONS caused by <br />OCCURRENCE. <br />In the event there is no coverage for LAND USE CLAIM through commercial insurance or reinsur <br />any coverage under the Memorandum for LAND USE CLAIM shall be limited per Member to <br />million per occurrence and $5.0 million per annual aggregate. <br />BICEP will pay DEFENSE COSTS incurred within the COVERED ULTIMATE NET LOSS. <br />SECTION II -DEFINITIONS <br />Capitalized words and phrases have the special meanings given in this Section. <br />1. AGENCY -- means any council, commission, agency, district, authority, board or similar <br />entity under the MEMBER'S direction or control or on which the MEMBER'S governing <br />sits as the governing body. <br />This Definition excludes an airport or hospital board or commission, regardless of how such <br />is denominated. <br />2. AIRCRAFT -- means an operational vehicle designed for the transport of persons or <br />principally in the air. <br />3. AUTOMOBILE -- means aself-propelled land motor vehicle and/or trailer or semi-trade , <br />including any attached machinery or equipment, designed for travel on public roads and subject <br />motor vehicle registration. <br />4. BODILY INJURY -- means physical injury, emotional distress, sickness, or disease sustained <br />person, including death resulting from any of these at any time. <br />03-OS-06 1 <br />