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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 />5. CLAIM -- means a claim presented pursuant to Government Code section 910, et seq., <br />demand, action, suit, or administrative proceeding against a COVERED PARTY to ~ <br />DAMAGES caused by an OCCURRENCE. <br />6. COVERED PARTY -- means: <br />a. BICEP; <br />b. The MEMBER; <br />c. The MEMBER'S EMPLOYEES; <br />d. The MEMBER'S AGENCIES; <br />e. With respect to any AUTOMOBILE owned by a COVERED PARTY or leased or hired <br />use by or on behalf of a COVERED PARTY, any person while using such AUTOMOBI <br />and any person or organization legally responsible for the use thereof, provided its actual i <br />is with the permission of the MEMBER. However, the following are not COVERT <br />PARTIES: <br />i. Any person or organization, or any agent or employee thereof, operating <br />AUTOMOBILE sales agency, repair shop, service station, storage garage, or pu <br />parking place with respect to an OCCURRENCE arising out of the operation they <br />including road testing and delivery; or <br />ii. The owner or any lessee, other than the COVERED PARTY, of a leased or <br />AUTOMOBILE or any agent or employee of such owner or lessee; <br />f Any person or entity holding a certificate of coverage duly issued by BICEP, as limits <br />therein ("ADDITIONAL COVERED PARTY"). An ADDITIONAL COVERED PARTY <br />not covered for claims arising from the ADDITIONAL COVERED PARTY'S sole negligen <br />or for claims by another COVERED PARTY. <br />This Definition 6 excludes a joint powers agency, or any person or entity acting pursuant to a jc <br />powers agreement, other than an EMPLOYEE, unless the agency or agreement is added <br />endorsement to this MEMORANDUM. <br />7. COVERED INDEMNITY CONTRACT -- means an agreement pertaining to the MEMBER'S <br />its AGENCY's routine governmental operations that incidentally requires either of them to defe <br />or indemnify another party for BODILY INJURY, PROPERTY DAMAGE or PERSONF <br />INJURY to a third party caused by an OCCURRENCE. <br />8. COVERED ULTIMATE NET LOSS -- means an amount by which ULTIMATE NET L( <br />exceeds the SELF-INSURED RETENTION, but not exceeding the LIMIT OF LIABILITY, <br />which this MEMORANDUM covers. <br />9. DAM -- means any artificial barrier, together with appurtenant works, which: <br />U3-OS-06 2 <br />