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1 a. Is 25 feet or more in height from the natural bed of the stream or watercourse; or <br />2 <br />3 b. Has an impounding capacity of 50 acre-feet or more. <br />4 <br />5 No structure specifically exempted from jurisdiction by the State of California Department <br />6 Water Resources, Division of Safety of Dams shall be a DAM, unless such structure is under t <br />7 jurisdiction of any agency of the federal government. <br />8 <br />9 10. DAMAGES -- means money damages, and includes attorney fees, costs and interest award. <br />10 against the COVERED PARTY. <br />11 <br />12 This Definition excludes any demand, action, suit or petition for restitution, disgorgement and a~ <br />13 non-monetary remedy or relief, including equitable relief, injunctive relief, administrative relit <br />14 administrative mandamus, or declaratory relief and any attorney fees, costs and interest base <br />15 thereon. <br />16 <br />17 This Definition also excludes attorney fees, costs and interest based on a contractual provisic <br />18 not falling within the definition of IL7. COVERED INDEMNITY CONTRACT. <br />19 <br />20 11. DEFENSE COSTS -- means reasonable attorney fees, costs and expenses incurred by tl <br />21 COVERED PARTY for the adjustment, investigation, defense or appeal of a CLAIM. <br />22 <br />23 This Definition includes City Attorney Office fees, but excludes the MEMBER'S clan <br />24 administration expenses. <br />25 <br />26 However, attorney fees shall not exceed the rates specified in the LIABILITY RIS <br />27 MANAGEMENT REQUIREMENTS, unless the BICEP Board of Directors authorizes a high <br />28 rate. <br />29 <br />30 This Definition excludes the attorney fees, costs and interest that a COVERED PARTY incurs- <br />31 coverage or other disputes with BICEP. <br />32 <br />33 12. EMPLOYEE -- means a past or present elected or appointed official, employee or volunteer of t} <br />34 MEMBER or its AGENCY acting within the scope ofhis or her employment with, or duties fo <br />35 the MEMBER or AGENCY. <br />36 <br />37 13. EMPLOYMENT PRACTICES -- means a COVERED PARTY'S employment practices, polio <br />38 acts or omissions that lead to an EMPLOYEE'S CLAIM for harassment, wrongful terminati <br />39 wrongful employment, failure to hire or promote, retaliation, unlawful discrimination or violat <br />40 of civil rights. <br />41 <br />42 14. IN V ERSE CONDEMNATION -- means a CLAIM by any person or entity under the California c <br />43 United States Constitutions alleging that the MEMBER or its Agency has taken or damaged rea <br />44 personal, tangible or intangible property for public use through any means without payment c <br />45 just compensation. <br />46 <br />47 15. LAND USE CLAIM-means any CLAIM, other than for INVERSE CONDEMNATION, arisin <br />48 out of the enactment of any zoning ordinance, specific plan, general plan, or similar regulation c <br />49 use or improvement of real property, and the granting, denying or the conditional granting of <br />03-US-06 3 <br />