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the member county or on its behalf; conducted for the <br />m e mbc l' county or Tor others" or c o nduc ted by a tenant <br />01' other e nli! Li nder ,onttacl with the m ember cou nl y. <br />T hi s exclllsio n d oes not a p ply to d a mage 0'1' i l~ury <br />ariBin,g Ollt of'fhe loading or un loading of ",plor vehicles <br />at a landfill, transfer station or drop box <br />location and to persons at landfill, transfer station or <br />drop box locations for that purpose. <br />V. Nuc lea r Energy . <br />This MLC shall not apply to bodily injury, personal <br />injury, property damage, errors and omissions or <br />advertising injury: <br />1. With respect to which the member county <br />under the MLC is also an insured under a nuclear <br />energy liability policy issued by Nuclear Energy <br />Liability Insurance Association, Mutual Atomic <br />Energy Liabi I ity Underwriters, Nuclear Insurance <br />Association of Canada or any of their successors, or <br />would be insured under any such policy but for its <br />termination upon exhaustion of its limit ofliability; <br />or <br />2. Resulting from the hazardous properties of <br />nuclear material and with respect to which: <br />a. Any person or organization is required to <br />maintain financial protection pursuant to the <br />Atomic Energy Act of 1954, or any law <br />amendatory thereof; or <br />b. The member county is, or had this policy <br />not been issued would be, entitled to indemnity <br />from the United States of America, or any <br />agency thereof, under any agreement entered <br />into by the United States of America, or any <br />agency thereof, with any person or <br />organization. <br />3. Resulting from the hazardous properties of <br />nuclear material, if: <br />a. The nuclear material: <br />(\) is at any nuclear facility owned by, or <br />operated by or on behalf of, the member <br />county; or <br />(2) has been discharged or dispersed <br />therefrom. <br />b. The nuclear material is contained in spent <br />fuel or waste at any time possessed, handled, <br />used, processed, stored, transported or <br />disposed of by or on behalf of the member <br />county; or <br />c. The bodily injury or property damage <br />arises out of the furnishing by a protected <br />party of services, materials, parts or <br />equipment in connection with the planning, <br />construction, maintenance, operation or use of <br />any nuclear facility, but if such facility is <br />located within the United States of America, <br />its territories or possessions or Canada, this <br />exclusion (c}ap il lies only to property d ;unag <br />to such nuclear facility and any property <br />tJlere'dl . <br />4. As used in this exclusion: <br />a. "Hazardous properties" include <br />radioactive, toxic or explosive properties; <br />b. "Nuclear material" means source material, <br />special nuclear material or by-product material; <br />c. "Source material", "special nuclear <br />material", and "by-product material" have the <br />meanings given them in the Atomic Energy Act <br />of 1954 or in any law amendatory thereof; <br />d. "Spent fuel" means any fuel element or <br />fuel component, solid or liquid, which has been <br />used or exposed to radiation in a nuclear <br />reactor; <br />e. "Waste" means any waste material: <br />(1) Containing by-product material other <br />than the tailings or wastes produced by the <br />extraction or concentration of uranium or <br />thorium from any ore processed primarily <br />for this source material content; and <br />(2) Resulting from the operation by any <br />person or organization of any nuclear <br />facility included under the first two <br />paragraphs of the definition of nuclear <br />facility; <br />f. "Nuclear Facility" means: <br />(\) Any nuclear reactor; <br />(2) Any equipment or device designed or <br />used for: <br />(a) Separating the isotopes of <br />uranium or plutonium; <br />(b) Processing or utilizing spent <br />fuel; or <br />(c) Handling, <br />packaging wastes; <br />processing or <br />(3) Any equipment or device used for the <br />processing, fabricating or alloying of <br />special nuclear material if at any time the <br />total amount of such material in the <br />custody of the protected party at the <br />premises where such equipment or device <br />is located consists of or contains more than <br />25 grams of plutonium or uranium 233 or <br />any combination thereof, or more than 250 <br />grams of uranium 235; <br />MEMORANDUM OF LIABILITY COVERAGE 1 % 1 /2016-1 % 1/2017 <br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 6