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1 <br />2 <br />25. <br />Failure to perform, or breach of, a contractual obligation, except for liability: <br />3 <br />4 a. That would be imposed in the absence of the contractual obligation; <br />5 <br />6 b. Assumed under any COVERED INDEMNITY CONTRACT. <br />7 <br />8 26. The Employee Retirement Income Security Act of 1974 (ERISA) and any law amendato <br />9 thereto, or any state statute or common law rule which imposes fiduciary duties ai <br />10 responsibilities with respect to employee benefit programs. <br />11 <br />12 27. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). <br />13 <br />14 28. War, whether or not declared, civil war, or revolution or any act or condition incident to tl <br />15 foregoing, except for a MEMBER'S response to such acts or conditions. <br />16 <br />17 29. The purchase, sale, issuance and holding of securities, including but not limited to bonds. <br />18 <br />19 30. A lockout, strike, picket line, replacement or similar actions in connection with labor disputes <br />20 labor negotiations. <br />21 <br />22 This exclusion does not apply to the coverages for BODILY INJURY and PROPERT <br />23 DAMAGE. <br />24 <br />25 31 The cost of modifying any building or property in order to make said building or property ma <br />26 accessible or accommodating to any disabled person in compliance with the Americans wi <br />27 Disabilities Act (Public Law 101-336) or similar state law. <br />28 <br />29 <br />30 SECTION VII -- CONDITIONS <br />31 <br />32 <br />33 The following are conditions precedent to coverage under this MEMORANDUM: <br />34 <br />35 1. Premium and audit: <br />36 <br />37 a. The MEMBER shall pay the Deposit Premium designated in the Declarations, and any furth~ <br />38 premium that the LIABILITY PROGRAM requires. <br />39 <br />40 b. B[CEP may examine the MEMBER'S books and records that relate to the subject matter c <br />41 this MEMORANDUM at any reasonable time until ten (10) years after the final terminatic <br />42 of coverage under this MEMORANDUM or until all known claims noticed under paragraph <br />43 below have been closed, whichever occurs last. <br />44 <br />45 2. Inspections: <br />46 <br />47 BICEP shall be permitted, but is not obligated to, inspect the MEMBER'S property and operation <br />48 at any reasonable time. Neither such right to make inspections nor the making thereof, nor an <br />03-OS-06 1 1 <br />