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the age of fourteen (14) years regardless of any such
<br />law.
<br />4. Any claim recoverable under the insurance
<br />prov is ions of ,any workers' com pensation or
<br />occu p,iition al disease law or under the Uni ted States
<br />Longshoreanc;ll-larborWorkers' Co mpen sation Act
<br />or afly o ther insurance avail able fo r the prQte,ction
<br />oftbe m e m ber ('ount)'.
<br />5. Any premium, assessment, penalty, fine or
<br />other obligation imposed by any workers'
<br />compensation law.
<br />6. Any cl im fo r bodily injury with respect to
<br />which the member county is deprived of any
<br />defense or defenses or is otherwise subject to
<br />penalty because of default in p l'eLlli ll 111 paym ent
<br />under, or any other failure to <;ornp ly with the
<br />provisions ofthe workers' compensation laws of the
<br />State of Washington.
<br />7. Past salary or wages due.
<br />8. Benefits payable under an employee benefit
<br />plan.
<br />9. Liability imposed under the Employee
<br />Retirement Income Security Act of 1974 and any
<br />law amendatory thereof.
<br />10. Liability of a protected pa rty for personal
<br />injury, advertising injury or errors and
<br />omissions if such liability is alleged by another
<br />protected party and arises out of conduct that,
<br />based upon an objective standard, is wanton,
<br />willful, reckless, malicious, or grossly negligent.
<br />This exclusion shall not apply to the member
<br />county. Without limiting the foregoing in any
<br />manner, the Pool shall have the right and duty to
<br />defend any such suit brought against a protected
<br />party.
<br />C. Pollutants.
<br />I. Liability arising out of the actual, alleged or
<br />threatened discharge, dispersal, release or escape of
<br />pollutants:
<br />a. At or from premises owned, rented or
<br />occupied by the protected party.
<br />b. At or from any site or location used by or
<br />for the protected party or others for the
<br />handling, storage, disposal, processing or
<br />treatment of waste.
<br />c. Which are at any time transported,
<br />handled, stored, treated, disposed of, or
<br />processed as waste by or for the protected
<br />party or any person.
<br />d. At or from any site or location on which
<br />the protected party or any contractor(s) or
<br />subcontractor(s) working directly or indirectly
<br />on its behalf are performing operations:
<br />(I) If the p o llutants are brou ght on to the
<br />site or lo cation in conne rio n with such
<br />operations, or
<br />(2) If the operations are to test for,
<br />monitor, clean up, remove, contain, treat,
<br />detoxify or neutralize pollutants.
<br />This exclusion docs not apply to loss or iluury
<br />caused by heat, s moke or fumes from a hostil e fir c
<br />or liability for I)er 'o nal Injury or bo d ily iuj ur
<br />and pr o perty d a mllge ari sing out of coli is ion, upset
<br />or overturn of any automobile or mobile
<br />equipment, or arising from acts or omissions of
<br />member county noxious weed control boards
<br />activated pursuant to Chapter 17.10 RCW, and
<br />m ember cou nt · mil l yet ro,.1d'ide sprayi ng,
<br />while performing or ill good ft)ith purport illg to
<br />perform. their offieial dUlies .
<br />2. Any loss, cost or expense arising out of any
<br />governmental direction or request that a protected
<br />party tests for, monitors, cleans up, removes,
<br />contains, treats, detoxifies or neutralizes
<br />pollutants.
<br />D. Watercraft. Liability arising out of ownership,
<br />maintenance or use, including loading or unloading, of
<br />watercraft over forty-nine (49) feet in length.
<br />E. Property LQSS . Property damage to:
<br />I. Property owned by the member county, or
<br />2. Property rented or leased by the protected
<br />party where it has assumed liability for damage to
<br />or destruction of such property unless it would have
<br />been liable in the absence of such assumption of
<br />liability, or
<br />3. Property in the care, custody or control of the
<br />protected party. This exclusion does not apply to
<br />non-owned automobiles, recreational vehicles or
<br />boats and trai lers that are in the care, custody or
<br />control of the member county or in the member
<br />county's custody as part of the operations of
<br />impound lots or seizure activities.
<br />F. Taking or PtO!) rty . Liability arising out of or in any
<br />way connected with any operation of the principles of
<br />eminent domain, condemnation proceedings or inverse
<br />condemnation, by whatever name called, and whether
<br />or not liability accrues directly against any member
<br />county by virtue of any agreement entered into by or on
<br />behalf of any member county.
<br />G. _Certain Municipal Activi t ies. Liability arising out
<br />of:
<br />I. Public Housing, or
<br />2. The activities of a Public Transit Authority, as
<br />defined in RCW 36.57.020 or Public
<br />Transportation Benefit Area Authority, as
<br />defined in RCW 36.57 A.O 10(2), or
<br />MEMORANDUM OF LIABILITY COVERAGE 10101/2016-10101/2017
<br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 4
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