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(4) Any structure, basin, excavation
<br />premises or place prepared or used for th~
<br />storage or disposal of waste; and
<br />(5) Includes the site on which any of the
<br />foregoing is located, all operations
<br />conducted on such site and all premises
<br />used for such operations;
<br />g. . ''Nuclear reactor" means any apparatus
<br />deSIgned or used to sustain nuclear fission in a
<br />self-supporting chain reaction or to contain a
<br />critical mass of fissionable material;
<br />h. "Property damage" as used in this
<br />exclusion includes all forms of radioactive
<br />contamination of property.
<br />W. Railroad Lines . Bodily injury, personal injury,
<br />property damage, errors and omissions, or
<br />ad~ertising injury arising out of the operation or
<br />maintenance or use of railroad lines, including bridges,
<br />trestles or other structures supporting railroad lines.
<br />However, this exclusion shall not apply to bodily
<br />injury, personal injury, property damage, errors and
<br />omissions, or advertising injury arising solely out of
<br />the member county's ownership of a railroad line
<br />including a bridge, trestle or other structure supporting
<br />a railroad line, and only if such liability is asserted on
<br />the basis of vicarious liability.
<br />X. Conlractual Dispules . Any liability to a party to a
<br />contract or agreement with a member county, whether
<br />for bodily injury, property damage, errors and
<br />o f!li.ssiO!ls, person~1 injury or advertising injury,
<br />anslng In whole or In part, out of an alleged failure to
<br />pay, an alleged failure to perform, or an alleged default,
<br />under the contract or agreement, whether intentional or
<br />accidental. This exclusion does not apply to claims for
<br />monetary damages by reason of liability assumed under
<br />an indemnity contract as contemplated in Paragraph 1 of
<br />this MLC.
<br />Y. Quantum Meru it . Any claim, whether for bodily
<br />injury, property damage, errors and omISSIons,
<br />personal injury, or advertising injury, which seeks to
<br />hold a protected party liable for Quantum Meruit. For
<br />purposes of this exclusion, Quantum Meruit is defined
<br />as a remedy implied by law for the payment ofthe value
<br />of services rendered in the absence of any contract or
<br />agreement between the claimant and a protected party.
<br />Z. Financial InsL rilmems . Any liability for bodily
<br />injury, personal injury, property damage, errors or
<br />omissions, or advertising injury arising in whole or in
<br />part out of a member county's guarantee or, or offer to
<br />guarantee, or sale of, or offer to sell: loans, mortgages,
<br />bonds, securities or any other financial instruments.
<br />AA. Debt Finanein g . Any liability, whether for bodily
<br />injury, personal injury, property damage, errors or
<br />omissions, or advertising injury, arising out of any
<br />type of debt financing issued by or for the member
<br />county. Debt financing includes, but is not limited to
<br />bonds, debentures, guarantees of debt or notes. '
<br />6. DEFINITIONS: When used in this MLC,
<br />including endorsements forming a part hereof:
<br />"accident" includes continuous or repeated exposure to
<br />the same conditions resulting in bodily injury or
<br />property damage the protected party n e it her
<br />expected nor intended.
<br />"advertising injury" means (I) libel, slander or
<br />defamation, (2) any infri ngement of copyright or oftitle
<br />or of slogan, (3) piracy or unfair competition or idea
<br />~isa~propria~ion under. an implied contract, or {4 any
<br />in vaSIO n of fight of privacy, cOll llnilletl or all eged to
<br />ha~e been committed in any advertisement, publicity
<br />artIcle, broadcast or telecast arising out oft h e protected
<br />party's advertising activities.
<br />"aircraft" means a vehicle designed for the transport of
<br />persons or property principally in the air.
<br />"assessment" shall have the meaning described in
<br />Section 7 of this MLC.
<br />"automobile" means a land motor vehicle, trailer or
<br />semi-trailer designed for travel on public roads
<br />(including any machinery or apparatus attached thereto),
<br />but does not include mobile equipment.
<br />"bodily injury" means physical trauma, sickness,
<br />disease or shock sustained by any person which occurs
<br />during the MLC period, including death at any time
<br />resulting therefrom and, if arising out of the foregoing,
<br />mental anguish and emotional injury.
<br />"defense costs" means all fees and expenses caused by
<br />and relating to the adjustment, investigation, defense or
<br />litigation of a claim or suit including attorneys' fees,
<br />court costs and interest on judgments accruing after
<br />entry of judgment. Defense costs shall not include the
<br />office expenses of the Pool or the member county or
<br />the salaries of employees or officials of the Pool or any
<br />protected party.
<br />"disciplinary proceedings" means all proceedings
<br />before the entity or entities established by constitutional
<br />provision, statute, court rule or professional society or
<br />association, to investigate, review or impose disciplinary
<br />sanctions for professional misconduct.
<br />"e.rrors and omissions" means any err or,
<br />mIsstatement, misleading statement or act or omission,
<br />neglect or breach of duty committed, attempted or
<br />allegedly committed or attempted by a protected party.
<br />"hostile fire" means a fire which becomes
<br />uncontrollable or breaks out from where it was intended
<br />to be confined.
<br />"indemnity contract" means a contract or agreement
<br />in which the member county has agreed to assume the
<br />MEMORANDUM OF LIABILITY COVERAGE 1010 1/20 16-1010 1/20 17
<br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 7
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