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,Iorl liabil Hy of another party to pay fIlonela'ry damages
<br />for Bod!\}' Injury ~el: on. I Lnjury, Propl'rty
<br />Ollmfl~e, Errors or Omiss ions or A dvcl'tislng Illju ry
<br />t? 1\ t!lJrd person ,Of .or~anizat i ol\, Tort li nbi li ty; means II
<br />Ilabilrty that ~ ou ld be Illl pos'ed b law in the absence of
<br />any contract or agreement.
<br />"in ' er e condemnntiori " mt:ans a claim by anyone
<br />other than II protected party that a pl'oteeted P fir t
<br />has la ke ,,' C!r diminished ,the value of land throug h land
<br />LI ~e rcstnctlOns on suc h land or use of adjacent land o r
<br />al~ space by II profected p,art y. .
<br />"member county" means the county identified as a
<br />member of the Pool in the Declarations,
<br />"mobile ~quipment" means a land vehicle (including
<br />any machmery or apparatus attached thereto), whether
<br />or not self-propelled, (I) not subject to motor vehicle
<br />regist,ration, or (2) maintained for use exclusively on
<br />premises owned by or rented to the member county
<br />incJ,ud ing the ways, i~mediately adjoining, or (3)
<br />des~gne,d for u,se pnnclpally off pu b li c roads, or (4)
<br />desll?,~ed or ma~ntamed for the sole purpose of affording
<br />~oblhty to eqUIpment of the following types forming an
<br />mtegral part of or permanently attached to such vehicle:
<br />power cra~es, shovels, loaders, diggers and drills;
<br />concrete mixers (other than the mix-in-transit type);
<br />bulldozers, graders, scrapers, rollers and other road
<br />construction or repair equipment; air-compressors,
<br />pu~~s and gen,erators, ,including spraying, welding and
<br />bUlldmg cleanmg eqUIpment; farm machinery; street
<br />sweepers or other cleaners; forklifts; and geophysical
<br />exploration and well-servicing equipment.
<br />"nominal damages" means a small or token sum
<br />soug~t a~ damages where a legal ~ight has allegedly
<br />been mfrmged but no real or substantial monetary loss is
<br />claimed.
<br />"occupying" means in, upon, or getting in, on out or
<br />off. ' ,
<br />"occurrence" means an accident, including continuous
<br />or repeated exposure to substantially the same
<br />conditions, which results in bodily injury, property
<br />damage, or errors and omissions, With respect to
<br />personal injury and advertising in j u r y ,
<br />"occurrence" means an event, including continuous or
<br />repeated exposure to substantially the same conditions,
<br />"penalties" means any monetary fine, penalty or other
<br />monetary award for anything other than compensatory
<br />damages to an injured party or person andlor any award
<br />of attorney fees and costs to a prevailing party seeking
<br />a fi.ne, penalty or non-compensatory damages award
<br />agall1st a member county. "Penalties" also includes
<br />any mon,:tary award, cost, fine or penalty arising out of,
<br />or occurrmg, in whole or in part, due to a violation of
<br />the Open Public Meetings Act (RCW 42,30) or the
<br />Public Records Act (RCW 42.56).
<br />"personal injury" means: (I) False arrest, false
<br />imprisonment, wrongful eviction, wrongful entry,
<br />wrongful detention, malicious prosecution, or defective
<br />service of process; (2) Libel, slander defamation of
<br />ch ,aJ'3 ctcr. humili~l i()n or lhe i'llvAsion 'of the rights of
<br />pl'I~acy. u~les an.sip!:I 'OU I of lId ~(!rt.is in g . broadcaslin g.
<br />OJ' teh:castll1g ~CI1VI'IlCS; (3) Assl\u lt or bal1er), by an
<br />emp loyee or3gellt Oflh memb er coun ty, provided that
<br />th e. UlcmlJel ' count is held J'egally liable rhel'eror nnd
<br />l~at lI~e a. sa ulL or l:Ial'lelY WI\S not colll lllilU:d by 01' 31 th
<br />dIH:crl?" of the mcmber COUllt)'. except when
<br />committed for the purpose of protecting life or property
<br />owned by or otherwise in the care, custody or control of
<br />the member county; (4) Discrimination or violation of
<br />Civil Rights protected by 42 U,S,C, 1981, et seq., or
<br />state Jaw; or (5) Violation of property rights.
<br />:'p~llutants" means any solid, liquid, gaseous or thermal
<br />Irritant or ~ontaminant, including smoke, vapors, soot
<br />fumes, aCIds, alkalis, chemicals and waste and
<br />hazardous waste. Waste includes materials to be stored
<br />recycled, reconditioned, reclaimed or discarded. '
<br />"property damage" means (1) physical injury to or
<br />destructi~n o~tangi?le property which occurs during the
<br />MLC penod, II1cludll1g the loss of use thereof at any time
<br />resultmg the!efrom, or (2) loss of use of tangible
<br />property which has not been physically injured or
<br />destroyed, provided such loss of use is caused by an
<br />occurrence during the MLC period.
<br />:'pro!ecte~ party~' means any person or organization
<br />Identified 111 SectIOn 2 of thiS MLC and includes the
<br />member county,
<br />"suit" means a civil proceeding in which monetary
<br />damages are alleged because of bodily injury, property
<br />damage, personal injury, errors and omissions or
<br />advertising injury to which this MLC and its self-
<br />insurance liability coverage applies, Suit includes an
<br />arbitration proceeding alleging such damages to which
<br />the protected party must submit or submit with the
<br />Pool's consent.
<br />"vehicle" means every device in, lIpon or by which any
<br />person is or may be transported. "Vehicle" does not
<br />include an animal.
<br />7. CONDITIONS AND RESPONSIBILITY :
<br />A. Compliance with Claims Handling Policies and
<br />Procedures:
<br />Every protected party shall comply with the Pool's
<br />Claims Handling Policies and Procedures in all
<br />respects.
<br />B. Protected Party's Duties in the Event of
<br />Occurrence, Claim or Suit:
<br />1. In the event of an occurrence, written notice
<br />containing particulars sufficient to identify the
<br />protected party and also reasonably obtainable
<br />information with respect to the time, place and
<br />circumstances thereof, and the names an d
<br />addresses of the injured and ofavailable witnesses
<br />shall be given by or for the protected party to the'
<br />MEMORANDUM OF LIABILITY COVERAGE I DID 1 120 16-1 DID 1 120 17
<br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 8
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