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Insurance Certificate:RVCOG
ACC pQ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ward Insurance Agency Inc. PO Box 10167 Eugene OR 97440 CONTACT Marcy Baker PHONE FAX /c No): 541-342-8280 c E : 541-687-1117 A/C, ADDRESS: marcy@wardinsurance.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Special Districts ASsocation Of Oregon INSURED ROGUVAL-03 INSURER B Rogue Valley Council of Governments PO Box 3275 INSURER C INSURER D : Central Point OR 97502-0011 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:40965115 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DD/Y YVY EXP MMIDDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 35P44372-429 1/1/2020 1/1/2021 EACH OCCURRENCE $5,000,000 CLAIMS -MADE � OCCUR DAMAGE TO PREM SES Ea oTED Ncu snce $ X MED EXP (Any one person) $ PUBLIC OFFICIALS PROF. LIABILITY PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: A AUTOMOBILE LIABILITY Y Y 35P44372-429 1/1/2020 1/1/2021 COMBINED Ea accident SINGLE LIMIT $ 500,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IX BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR 35P44372-429 1/1/2020 1/1/2021 EACH OCCURRENCE $4,500,000 AGGREGATE $4,500,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder and all entities required by written contract are included as additional insureds on a primary and non-contributory basis with waiver of subrogation with respects to the general liability and auto liability as required by written contract per attached endorsements. Subject to policy limits, terms, conditions and exclusions. Re: Using property for meal site. Certificate holder includes: City of Ashland, its officers, employees and agents. CERTIFICATE HOLDER CANCELLATION City of Ashland 20 East Main Street Ashland OR 97520 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SID t1 S INSURANCE SERVICES Special Districts Insurance Services Liability Coverage Document Effective January 1, 2019 SDIS Liability Coverage Document - 1/1/2019 Page 1 of 52 LIABILITY COVERAGE DOCUMENT This Liability Coverage Document sets forth the coverages afforded Participants by the Special Districts Insurance Services Trust (hereafter referred to as "the Trust") pursuant to its Trust Agreement, Bylaws, and Rules. The Special Districts Association of Oregon formed the Trust, a jointly established self- insurance program, so its members could avoid the vagaries of an ever changing insurance market. As a Trust member, the Named Participant and its fellow Trust members contribute to a common fund, from which the Trust indemnifies covered losses sustained by Trust members. Generally, all Trust members share in the cost of indemnifying losses sustained by other Trust members, including the Named Participant. The Named Participant agrees, therefore, to make every reasonable effort to mitigate the amount of damage or loss sustained in the event of a covered loss. Examples of mitigation commonly include contacting the Trust immediately following a loss, cooperating with the Trust in a timely and efficient manner, and using internal resources to handle the extra work created by a loss. Mitigation also requires working with the Trust to resolve claims in a manner consistent with the best interests of the Trust and the Named Participant. A Named Participant must be a member, or associate member, of the Special Districts Association of Oregon before coverage will be provided hereunder. Defined terms appear in boldface type. Various provisions in this policy restrict coverage. Read the entire Coverage Document carefully to determine the Participant's rights, duties, and what is and is not covered. I. COVERAGE AGREEMENTS In consideration of the contribution made, and subject to the terms, exclusions, conditions, limitations, and definitions hereinafter mentioned, the Trust will pay on behalf of a Participant those sums which the Participant shall be legally obligated to pay as Damages to the extent as follows: Coverage A: Liability for Damages resulting from Bodily Injury, Personal Injury, or Property Damage arising from an Occurrence that takes place during the Coverage Period. Coverage B: Liability for Damages arising from a Wrongful Act that takes place during the Coverage Period. Coverages A and B and Additional Coverages apply to Bodily Injury, Property Damage, Personal Injury, Occurrences, or Wrongful Acts(s) only if: A. The Occurrence or the Wrongful Act(s) takes place in the Coverage Territory. B. The Occurrence or Wrongful Act(s) takes place during the Coverage Period. If prior to the Coverage Period the Participant knew or reasonably should have known the Occurrence or Wrongful Act would take place in the Coverage Period, then the Occurrence or Wrongful Act and any continuation, change, or resumption of such Occurrence or SDIS Liability Coverage Document - I/I/2019 Page 2 of 52 Wrongful Act(s) during or after the Coverage Period will be deemed to have been known and taken place prior to the Coverage Period and will not be covered hereunder. 979990MOIN Solely with respect to any Claim which is covered under Coverages A and B above, and the Additional Coverages for which Damages are provided: The Trust shall have the right and duty to defend any Suit or Action against a Participant seeking Damages on account of liability covered by Coverages A, B, and the Additional Coverages for which Damages are provided - even if any or all of the allegations of the Suit or Action are groundless, false, or fraudulent, and to make any such investigation and settlement of any Suit, Action, or Claim (whether or not a Suit or Action has been filed) it deems expedient. The duty to defend any Suit or Action shall terminate, except as provided hereafter, when such Suit or Action ceases to seek covered Damages against the Participant. The Trust shall not be obligated to pay any Claim, judgment, or settlement, or to defend any Suit or Action, after either the applicable Per Occurrence Limit of Liability, the applicable Per Wrongful Act Limit of Liability, or the Annual Aggregate Limit of Liability has been exhausted. The Trust has no duty to defend until such time as the Participant has provided notice to the Trust, as provided in Section VI. Conditions, Subsection N., and the Trust shall have no obligation to pay any sum for fees, expenses, or costs incurred for the defense of a Participant prior to such notice, nor shall the Trust have any obligation to indemnify for any settlement, judgment, or other claim resolution entered prior to notice to the Trust. SUPPLEMENTARY PAYMENTS Solely with respect to any Claim which is covered under Coverages A and B above, in which the Trust defends, the Trust will pay the following Supplementary Payments: A. Defense Costs the Trust incurs. B. The bond premium costs incurred by the Trust to obtain bonds to release attachments in any Suit or Action against a Participant which the Trust defends, but only for bond amounts for covered Claims within the applicable Per Occurrence Limit of Liability or the applicable Per Wrongful Act Limit of Liability. The Trust does not have to apply for or furnish these bonds. C. All reasonable expenses incurred by the Participant, at the Trust's request, to assist the Trust in the investigation or defense of the Claim, Suit, or Action, including the actual loss of earnings up to $300 per day because of time off work. D. All costs taxed against the Participant in the Suit or Action. SDIS Liability Coverage Document - I/I/2019 Page 3 of 52 E. Prejudgment interest awarded against the Participant on any part of the judgment the Trust pays. If the Trust makes an offer to pay the applicable Per Occurrence Limit of Liability or the applicable Per Wrongful Act Limit of Liability, it will not pay any prejudgment interest based on that period of time after the offer. F. All interest on the portion of any judgment which is covered under this Coverage Document, that accrues after entry of the judgment and before the Trust has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Per Occurrence Limit of Liability or the applicable Per Wrongful Act Limit of Liability. These Supplementary Payments will not reduce the Per Occurrence Limit of Liability or the Per Wrongful Act Limit of Liability. II. DEDUCTIBLE(S) A. Where there is a Deductible(s) shown on the Declarations, it is to be applied per Occurrence or Wrongful Act, regardless of the number of Occurrences or Wrongful Acts that take place during the Coverage Period. The Trust may pay Claims without application of the Deductible(s). If the Trust requests reimbursement of the Deductible after paying the full amount of a Claim, settlement, or judgment, the Named Participant shall reimburse the Trust for any Deductible(s) within thirty (30) calendar days. B. The Deductible(s) will apply only to the actual Damages paid to a claimant. Actual Damages will include all settlement amounts paid to a claimant. C. Payment of Defense Costs incurred will not be included within the Deductible(s). D. Notwithstanding any Deductible stated in the Declarations, and except as provided herein, the Participant is responsible for the first $25,000 of any Damages paid by the Trust on behalf of the Participant with respect to any Claims arising out of adverse termination of employment or suspension without pay and benefits of any Employee of the Named Participant. However, the Participant will not be responsible for the first $25,000 if the Participant has contacted the Trust, or legal counsel approved in advance by the Trust, before such termination or suspension of employment, and the Participant has followed all reasonable advice provided to the Participant by the Trust or such approved legal counsel with respect to such termination or suspension of employment. If a Deductible of $25,000 or greater is shown on the Declarations, then the Deductible shown on the Declarations will apply and the Deductible will not be waived for any reason. E. When an Employee is terminated before the expiration of an employment SDIS Liability Coverage Document - 1/1/2019 Page 4 of 52 contract that requires payment of a severance for early termination, and the terminated Employee is later due Damages as a result of any Claim in any way related to termination, the Named Participant will pay the severance amount stated in the employment contract before any coverage under this Coverage Document will apply. Payment of such severance will be in addition to payment of any Deductible attributable to the Claim. This provision only applies if the Named Participant does not pay the severance under the employment contract prior to assertion of the Claim. This provision does not apply to a union contract. F. In addition to any Deductible stated in the Declarations, a $10,000 deductible applies to accidental Property Damage arising from a fire that is intentionally set by a Named Participant for a training exercise or demolition of a structure, unless the Trust finds, in its sole discretion, that the Named Participant documents and demonstrates satisfactorily that it followed guidelines established by the Oregon State Fire Marshal's Office or the Board on Public Safety Standards and Training (BPSST). III. ADDITIONAL COVERAGES These Additional Coverages are provided by the Trust to a Participant. Unless otherwise indicated in this Section III, any amounts paid under these Additional Coverages are included in, subject to, and not in any event in addition to, the Per Occurrence Limit of Liability, the Per Wrongful Act Limit of Liability, and the Annual Aggregate Limit of Liability stated on the Declarations. All other terms, conditions, exclusions, and definitions of this Coverage Document apply to the Additional Coverages unless otherwise expressly indicated. As a condition precedent to these Additional Coverages the Participant must provide notice to the Trust as provided in Section VI. Conditions, Subsection N., of this Coverage Document, and the Trust has no obligation for any Defense Costs incurred by the Participant or Damages paid by the Participant prior to such notice. Any titles referenced within this Section III. Additional Coverages are inserted solely for convenience of reference and shall not be deemed in any way to limit, expand, or affect the Additional Coverage to which they relate. Additional Coverage 1: ETHICS COMPLAINT DEFENSE COSTS Notwithstanding Exclusion AL, the Trust will reimburse a Participant for Defense Costs incurred by the Participant in the successful defense of administrative complaints before the Oregon Government Ethics Commission (Ethics Complaints) arising from an Occurrence or Wrongful Act that takes place during the Coverage Period as provided herein: $2,500 is the most the Trust will pay under this Additional Coverage 1 for all Defense Costs incurred as a result of all Occurrences or Wrongful Acts that occur during the Coverage Period. Once the Trust pays $2,500 under this Additional Coverage 1, it has no further obligation under this Additional Coverage 1 to pay for Defense Costs, regardless of the number of Participants, Occurrences, Wrongful Acts, administrative hearings, Claims, Suits, or Actions, and regardless of whether the administrative proceeding is resolved during the Coverage Period. SDIS I.iabilitN Coverage Document - 1/1/2019 Pape 5 of 52 2. The Trust has no obligation to pay the Defense Costs if the Participant does not prevail in the administrative complaint proceeding before the Oregon Government Ethics Commission. The Trust has no obligation to reimburse the Participant for Defense Costs until final resolution of the complaint in favor of the Participant and upon receipt by the Trust of adequate documentation reflecting the Defense Costs incurred. 3. This Additional Coverage 1 applies only to the cost of defending complaints filed with the Oregon Government Ethics Commission against a Participant arising out of alleged conduct within the course and scope of the Participant's duties to the Named Participant. This Additional Coverage 1 does not cover fines, penalties, Damages, or any other liability imposed. 4. The Trust will have no obligation to reimburse for Defense Costs under this Additional Coverage 1 unless the Participant notifies the Trust of a complaint within thirty (30) calendar days of first communication from the Oregon Governmental Ethics Commission. Such notice must be provided as set forth in Section VI. Conditions, Subsection N., of this Coverage Document, and the Trust has no obligation for any Defense Costs incurred prior to such notice. 5. The Trust will be subrogated, to the extent of any payments made under this Additional Coverage 1, to any amounts recoverable by the Participant from other collectible insurance or pursuant to ORS 244.400, or any other subrogation remedy. Additional Coverage 2: EEOC/BOLT DEFENSE COSTS Notwithstanding Exclusion AM, the Trust will pay the Defense Costs incurred by the Participant in administrative proceedings under ORS Chapter 659 before the State of Oregon Bureau of Labor & Industries ("BOLI") or the U.S. Equal Employment Opportunity Commission (`EEOC") arising from an Occurrence or Wrongful Act that takes place during the Coverage Period as provided herein: 1. This Additional Coverage 2 only applies to Defense Costs. The Trust has no obligation to pay any penalties or fines which may be assessed by BOLI or EEOC against the Participant under this Additional Coverage 2. This Additional Coverage 2 does not apply to unemployment compensation Claims or Claims that are subject to Exclusions G, H and Q of this Coverage Document. 2. The Trust's obligation to pay the Defense Costs is conditioned upon the Participant using an attorney selected by the Trust. In the Trust's sole discretion, such attorney may be an attorney from within the Special Districts Association of Oregon or it may be an attorney at a private law firm. The Trust has no obligation to pay Defense Costs under this Additional Coverage 2 for legal fees charged by an attorney that was not selected by the Trust. SDIS Liability Coverage Document- 1/1/2019 Page 6 of 52 3. The Trust will be subrogated, to the extent of any payments made under this Additional Coverage 2, to any amounts recoverable by the Participant from other collectible insurance or pursuant to ORS 244.400, or any other subrogation remedy. Additional Coverage 3: LIMITED POLLUTION COVERAGE Notwithstanding Exclusion K, the Trust will pay Damages arising from Claims for Bodily Injury or Property Damage caused by an Occurrence, including a reimbursement of Defense Costs associated therewith, and any resulting cleanup expenses required by a regulatory authority, arising from a sudden and accidental discharge, dispersal, release, or escape of Pollutants from or on the Named Participant's premises or as a result of operations performed by or on behalf of the Named Participant that takes place during the Coverage Period. This Additional Coverage 3 is subject to the following provisions: $250,000 is the most the Trust will pay under this Additional Coverage 3 for all Damages and Defense Costs and clean-up costs incurred as a result of all Occurrences that take place during the Coverage Period. Once the Trust pays $250,000 under this Additional Coverage 3, it has no further obligation under this Additional Coverage 3 to pay for Damages or Defense Costs, regardless of the number of Claims, properties, Participants, Occurrences, administrative hearings, Claims, Suits, or Actions, and regardless of whether the administrative proceeding is resolved during the Coverage Period. 2. This Additional Coverage 3 only relates to sudden and accidental discharge, dispersal, release or escape of Pollutants that ends within 72 hours after such discharge, dispersal, release, or escape commences. This Additional Coverage 3 does not relate to discharge, dispersals, release, or escape of Pollutants that takes place over the course of weeks or months or more. However, if a sudden and accidental event that triggers this Additional Coverage 3 results in continuing discharge, dispersal, release, or escape of Pollutants, all such related or resulting discharge, dispersal, release, or escape will be deemed to take place the first time of any discharge, dispersal, release or escape, regardless of the number of Pollutants involved. The first sudden or accidental discharge, dispersal, release, or escape of the Pollutants must take place during the Coverage Period for this Additional Coverage 3 to apply. 3. This Additional Coverage 3 only applies if the Participant gives written notice to the Trust of such sudden and accidental discharge, dispersal, release or escape of Pollutants within 30 days of when the Participant knew, or reasonably should have known, of the sudden and accidental discharge, dispersal, release or escape of Pollutants. Such notice must be in compliance with Section VI (Conditions), Subsection N of this Coverage Document. The Trust has no obligation under this Additional Coverage 3 if the Participant SDIS Liability Coverage Document - 1/1/2019 Page 7 of 52 fails to give such 30-day notice. Such 30-day notice is a condition to coverage under this Additional Coverage 3, regardless of whether the Participant knew, or should have known, of a Claim, Suit or Action, or administrative action within that 30-day notice timeframe. 4. Amounts paid under this Additional Coverage 3 count toward the Annual Aggregate Limit of Liability. The Trust has no obligation to pay under this Additional Coverage 3 once the Annual Aggregate Limit of Liability has been exhausted from Claims under Coverage A, Coverage B, this Additional Coverage 3, or any of the other Additional Coverages. 5. The $250,000 limit under this Additional Coverage 3 will be reduced by any amounts paid under any other coverage provided by the Trust. Additional Coverage 4: INJUNCTIVE RELIEF DEFENSE COSTS Notwithstanding Exclusion AG, the Trust will reimburse the Named Participant for Defense Costs incurred in defending the Named Participant against a Suit or Action for Injunctive Relief or declaratory relief arising from an Occurrence or Wrongful Act that takes place during the Coverage Period, subject to the following: $25,000 is the most the Trust will pay under this Additional Coverage 4 for all Defense Costs incurred by a Participant as a result of all Occurrences or Wrongful Acts that take place during the Coverage Period. Once the Trust pays $25,000, for Defense Costs incurred by a Participant, under this Additional Coverage 4, it has no further obligation under this Additional Coverage 4 to pay for Defense Costs incurred by any claimants, Participant under this Coverage Document, regardless of the number of Participants, Occurrences, Wrongful Acts, administrative hearings, Claims, Suits or Actions, and regardless of whether the administrative proceeding is resolved during the Coverage Period. 2. A request for Injunctive Relief or declaratory relief may arise from a single Occurrence, Wrongful Act, administrative hearing, Claim, Suit or Action that is asserted against a Participant under this Coverage Document, as well as against one or more Participants under other liability coverage documents issued by the Trust. Subject to the $25,000 limit set forth in paragraph 1, above, $100,000 is the most the Trust will pay under for all Defense Costs incurred in connection with such single Occurrence, Wrongful Act, administrative hearing, Claim, Suit or Action, regardless of the number of Participants and the number of liability coverage documents issued by the Trust that apply. Subject to the $25,000 limit in paragraph 1, above, once the Trust pays $100,000 for Defense Costs incurred by all such Participants under multiple liability coverage documents issued by the Trust for Injunctive Relief or declaratory relief arising from a single Occurrence, SDIS Liability Coverage Document - 1/1/2019 Page 8 of 52 Wrongful Act, administrative hearing, Claim, Suit or Action, the Trust has no further obligation to pay for any further Defense Costs related to the request for Injunctive Relief or declaratory relief. When this paragraph 2 applies because coverage is triggered under more than one liability coverage document, the Trust will pay for the respective Participants' Defense Costs on a pro rata basis and the Trust has sole discretion concerning the method and timing of payment. 3. This Additional Coverage 4 only applies to Defense Costs. The Trust has no obligation to pay for the cost of complying with the Injunctive Relief or declaratory relief, penalties, or fines which may be assessed as part of the Injunctive Relief or declaratory relief. The Trust has no obligation under this Additional Coverage 4 to pay for the cost of any bond or similar security. 4. This Additional Coverage 4 is not applicable to a Suit or Action seeking Damages that are covered under Coverage A or Coverage B and are not excluded under Exclusion AG. Additional Coveraae 5: CRIMINAL DEFENSE COST REIMBURSEMENT Notwithstanding Exclusion S, the Trust will reimburse Defense Costs in the criminal defense of a Participant criminally charged in the death or injury of a non -Participant as provided herein: This Additional Coverage 15 applies only to the criminal defense of a Participant while acting within the scope of their employment or duties on behalf of the Named Participant. This Additional Coverage 15 does not cover fines, penalties or Damages. 2. This Additional Coverage 15 applies to the criminal defense of a Participant only if the governing body of the Named Participant agrees to provide the defense. 3. The most the Trust will pay under this Additional Coverage 15 shall be limited to $100,000 for any one Named Participant in any one Coverage Period. 4. The most the Trust will pay under this Additional Coverage 15 for all SDIS Members covered by the Trust in any one Coverage Period is $500,000 in the aggregate. Once the total cost of claims submitted to the Trust reached $500,000, the Trust will no longer pay Claims under this Additional Coverage 15. 5. Reimbursement payments for Defense Costs will be made upon receipt by the Trust of documentation, sufficient to the Trust in the Trust's sole discretion, to show that: a. The legal fees/expenses were actually incurred; and SDIS Liability Coverage Document - 1/1/2019 Page 9 of 52 b. Majority approval of the Named Participant's Board of Directors to provide the criminal defense. Additional Coverage 6: PREMISES MEDICAL EXPENSE Notwithstanding Exclusion J, with the Named Participant's approval, the Trust will pay reasonable medical expenses to an injured claimant for injuries sustained to guests on the premises owned or occupied by the Named Participant arising from an Occurrence that takes place during the Coverage Period. Payment of such Claims is subject to the following provisions: $5,000 is the most the Trust will pay under this Additional Coverage 6 as a result of all Occurrences that occur during the Coverage Period. Once the Trust pays $5,000 under this Additional Coverage 6, it has no further obligation under this Additional Coverage 6 to pay for reasonable medical expenses, regardless of the number of Participants, Occurrences, guests, injuries, Claims, Suits or Actions. 2. The medical expenses must be incurred and reported to the Trust within one year from the date of the Occurrence. Such report to the Trust must be in compliance with the notice provision of Section VI (Conditions), Subsection N of this Coverage Document. 3. The medical expenses must be incurred to address the injury caused by the Occurrence. This coverage will not apply to: a. Any Employee of the Named Participant. b. Any person hired to do work on behalf of the Named Participant or any tenant of the Named Participant. C. Any person who normally occupies the premises upon which the Occurrence took place. d. Any person who qualifies for Workers' Compensation benefits under any state or federal law. e. An individual injured while taking part in athletics. Additional Coveraae 7: SEXUAL MOLESTATION Notwithstanding Exclusion AJ, this Coverage Document provides coverage for a Participant as a result of vicarious or other indirect liability of the Participant for acts of Participants for Damages for Bodily Injury, Personal Injury caused by an Occurrence, or injury caused by a Wrongful Act resulting from Sexual Molestation which takes place during the SD[S Liability Coverage Document - 1/1/2019 Page 10 of 52 Coverage Period. This Additional Coverage 7 does not apply to liability of a Participant accused of, or found liable for, directly committing Sexual Molestation. If the Sexual Molestation did not take place during the Coverage Period, this Additional Coverage 7 does not apply, regardless of whether the resulting Bodily Injury, or Personal Injury, or injury resulting from a Wrongful Act takes place during the Coverage Period. In the event of repeated or continuous acts of Sexual Molestation, the Sexual Molestation will be deemed to take place during the Coverage Period at the time of the initial Sexual Molestation while the Named Participant is covered by the Trust, and all such Sexual Molestation and resulting Bodily Injury or Personal Injury, or injury caused by a Wrongful Act, will be deemed to be one Occurrence, or only one Wrongful Act, and only one Per Occurrence Limit of Liability or Per Wrongful Act Limit of Liability will apply, whether committed by the same Participant or two or more Participants acting in concert and without regard to: the number of incidents of Sexual Molestation taking place thereafter; 2. the number of victims of Sexual Molestation; 3. the locations where the Sexual Molestation took place; or 4. the Trust's Coverage Periods over which the Sexual Molestation took place. In the case where the Named Participant is required by statute to provide a defense to the accused Participant in a criminal proceeding and, on that basis, provides a defense to the accused Participant, the Trust will reimburse the Named Participant for the amount of the Defense Costs it pays for the defense of the accused Participant(s). However, the Trust will not reimburse the Named Participant for Defense Costs incurred by the Named Participant to defend the accused Participant after the accused Participant(s) is convicted of, or pleads guilty or no contest to, the crime from which the Claim of Sexual Molestation arose. In any event, the Bodily Injury or Personal Injury must be caused by an Occurrence or injury caused by a Wrongful Act resulting in a Sexual Molestation Claim must be caused by an Occurrence, and the Occurrence must take place in the Coverage Territory for this Additional Coverage 7 to apply. If the Claim involves an Occurrence and a Wrongful Act, this Additional Coverage 7 is subject to the Per Occurrence Limit of Liability or the Per Wrongful Act Limit of Liability, whichever is higher. In no event will the Trust be obligated to pay more than the Per Occurrence Limit of Liability or the Per Wrongful Act Limit of Liability, whichever is higher, regardless of the number of Participants, Occurrences, Wrongful Acts, injuries, Claims, Suits or Actions. The Trust will not pay more than the Annual Aggregate Limit of Liability under this Coverage Document. SDIS Liability Coverage Document- 1/1/2019 Page 11 of 52 Additional Coverage 8: FUNGAL PATHOGENS (MOLD) DEFENSE COSTS Notwithstanding Exclusion AA, this Coverage Document will provide reimbursement up to $100,000 per Occurrence for Defense Costs incurred during the Coverage Period for Bodily Injury, Personal Injury, or Property Damage Claims arising directly or indirectly out of, resulting from, caused by, or contributed to by any Fungal Pathogens. This Defense Cost coverage does not include any coverage for Damages arising out of such Claims. $100,000 is the most the Trust will pay under this Additional Coverage 8 for all Defense Costs incurred as a result of all Occurrences that occur during the Coverage Period. Once the Trust pays $100,000 under this Additional Coverage 8, it has no further obligation under this Additional Coverage 8 to pay for Defense Costs, regardless of the number of Participants, Occurrences, Claims, Suits, or Actions. 2. Additional Coverage 8 does not apply to provide coverage for reimbursement of Defense Costs for any Claim for damage to the Named Participant's own property or property in the possession or control of the Named Participant. Additional Coverage 9: APPLICATORS POLLUTION COVERAGE Notwithstanding Exclusion K, this Coverage Document will provide reimbursement for Defense Costs, Supplementary Payments, cleanup expenses, or any other payment or expense incurred, and Participant's liability for Property Damage arising out of Participant's use of pesticides, herbicides, or fungicides in the scope of the Participant's duties, provided each of the following conditions are met: 1. The usage meets all standards of any statutes, ordinances, regulations, or license requirements of any federal, state, or local government pertaining to such use; and 2. The person or entity applying the pesticide, herbicide, or fungicide is licensed to do so and is acting within the scope of such license. The limit of liability of the Trust under this Additional Coverage 9 shall not exceed $50,000 for each Occurrence, and in the aggregate, for any and all Occurrences during any one Coverage Period. Once the Trust pays $50,000 under this Additional Coverage 9, it has no further obligation to pay for Damages, cleanup expenses, Defense Costs, Supplementary Payments, or any other payment or expense incurred with respect thereto, whether or not incurred within the Coverage Period. SDIS Liability Coverage Document - 1/1/2019 Page 12 of 52 Additional Coveraae 10: LEAD SUBMIT DEFENSE COSTS Notwithstanding Exclusion AD, this Coverage Document will provide reimbursement for Defense Costs for a Participant's liability for Bodily Injury or Personal Injury arising out of a Participant's handling of lead containing materials in the scope of the Participant's duties, subject to the following: The limit of liability of the Trust under this Additional Coverage 10 shall not exceed $50,000 each Occurrence, and in the aggregate, for any and all Occurrences during any one Coverage Period; and 2. The most the Trust will pay under this Additional Coverage 10 for all members of the Trust that are covered by the Trust in any one Coverage Period is $200,000 in the aggregate. Once the total cost of Claims submitted to the Trust reaches $200,000, the Trust will no longer pay Claims under this Additional Coverage 10 for any member of the Trust. Additional Coveraae 11: EMPLOYER'S LIABILITY COVERAGE Notwithstanding Exclusion H, the Trust agrees to pay Defense Costs and all sums the Named Participant legally must pay as Damages because of Bodily Injury, including resulting death, to the Named Participant's Employees, provided the Bodily Injury is covered by this Employer's Liability coverage and the Bodily Injury results from an Occurrence that takes place during the Coverage Period. This Employer's Liability coverage is secondary to any coverage provided by the Named Participant's workers' compensation insurer. The Damages the Trust will pay under this Additional Coverage 11, where recovery is permitted by law, include Damages: For which the Named Participant is liable to a third party by reason of a Claim or suit against the Named Participant by that third party to recover the Damages claimed against such third party as a result of injury to the Named Participant's Employee; and 2. For consequential Bodily Injury to a spouse, child, parent, brother, or sister of the injured Employee (provided that these Damages are the direct consequence of Bodily Injury that arises out of and in the course of the injured Employee's employment by the Named Participant); and 3. Because of Bodily Injury to the Named Participant's Employee that arises out of and in the course of employment, claimed against the Named Participant in a capacity other than as employer. The Trust's obligation to pay the Defense Costs under this Additional Coverage 11 is conditioned upon the Named Participant using an attorney selected by the Trust. In the Trust's sole discretion, such attorney may be SDIS Liability Coverage Document- 1/1/2019 Page 13 of52 an attorney from within the Special Districts Association of Oregon or it may be an attorney at a private law firm. The Trust has no obligation under this Additional Coverage 11 to pay or reimburse for Defense Costs incurred by the Named Participant with an attorney that was not selected by the Trust. Coverage under this Additional Coverage 11 is conditioned on the following: 1. The Bodily Injury must be caused by an Occurrence that takes place during the Coverage Period; 2. The Bodily Injury must arise out of and in the course of the injured Employee's employment, including any volunteer, by the Named Participant; 3. The employment must be necessary or incidental to the Named Participant's work in the state of Oregon; 4. Bodily Injury by disease must be caused or aggravated by the conditions of the Named Participant's employment. The Employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must happen during the Coverage Period; 5. If the Named Participant is sued, the original suit and any related legal actions for Damages for Bodily Injury by accident or by disease must be brought in the United States of America, its territories or possessions, Puerto Rico, and Canada. Employer's Liability Coverage under this Additional Coverage 11 does not cove r: 1. Liability assumed under a contract. This exclusion does not apply to a warranty that work will be done in a workmanlike manner; 2. Punitive or exemplary damages; 3. Bodily Injury to an Employee, while employed in violation of law with a Named Participant's actual knowledge or the actual knowledge of any of its executive officers; 4. Bodily Injury intentionally caused or aggravated by the Named Participant; 5. Bodily Injury occurring outside the United States of America, its territories or possessions, Puerto Rico, and Canada; 6. Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts, or omissions; SDIS Liability Coverage Document - 1/1/2019 Page 14 of 52 7. Bodily Injury to any person during work subject to the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950), the Nonappropriated Fund Instrumentalities Act (5 USC Sections 8171-8173), the Outer Continental Shelf Lands Act (43 USC Sections 1331-1356), the Defense Base Act (42 USC Sections 1651- 1654), the Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942), Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. §§ 1801 et seq.), Federal Employer's Liability Act (45 U.S.C. §§ 54 et seq.), any other federal workers or workmen's compensation law, or other federal occupational disease law, or any amendments to these laws; 8. Bodily Injury to any person in work subject to the Federal Employers' Liability Act (45 USC Sections 51-60), any other federal laws obligating an employer to pay damages to an employee due to Bodily Injury arising out of or in the course of employment, or any amendments to those laws; 9. Bodily Injury to a master or member of the crew of any vessel; 10. Fines or penalties imposed for violation of any governmental, federal, state, county, city, or municipality law; and 11. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801-1872) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws. The Trust has the right and duty to defend, at the Trust's expense, any Claim, proceeding, or suit against a Named Participant for Damages payable by this Employer's Liability Coverage. The Trust has the right to investigate and settle these Claims, proceedings, and suits. The Trust has no duty to defend a Claim, proceeding, or suit under this Additional Coverage 11 that is not covered by this employer's liability coverage. The Trust has no duty to defend or continue defending or to pay Damages under this Additional Coverage 11 after the Trust has paid the applicable Per Occurrence Limit of Liability. The Trust will not pay more than the Annual Aggregate Limit of Liability under this Coverage Document. Additional Coverage 12: LIMITED MARINE SALVAGE EXPENSE COVERAGE The Trust will pay Marine Salvage expenses for which the Named Participant is not liable for Damages, but is required by a state or federal regulatory authority to incur costs to remove a sunken watercraft, which sinks for sudden and accidental reasons, during the Coverage Period and SDIS Liability Coverage Document - l/l/2019 Page 15 of 52 which interferes with the Named Participant's waterway. This Additional Coverage 12 is subject to the following provisions: $250,000 is the most the Trust will pay under this Additional Coverage 12 for all expenses incurred by the Named Participant arising from all Marine Salvage activities that take place during the Coverage Period. Once the Trust pays $250,000 under this Additional Coverage 16, it has no further obligation under this Additional Coverage 12 to pay for Marine Salvage expenses. 2. This Additional Coverage 12 only applies if the Participant gives written notice to the Trust of such sudden and accidental sinking within 30 days of when the Participant knew, or reasonably should have known, of the sudden and accidental sinking. Such notice must be in compliance with Section VI (Conditions), Subsection N of this Coverage Document. The Trust has no obligation under this Additional Coverage 12 if the Participant fails to give such 30-day notice. Such 30-day notice is a condition to coverage under this Additional Coverage 12, regardless of whether the Participant knew, or should have known of such sudden and accidental sinking. 3. This Additional Coverage 12 does not apply if the Participant had knowledge that the watercraft was leaking or in danger of leaking water and did not take action to remove the watercraft from its docks, marinas, piers or waterways to dry land prior to the sinking. 4. Amounts paid under this Additional Coverage 12 count toward the Annual Aggregate Limit of Liability. The Trust has no obligation to pay under this Additional Coverage 12 once the Annual Aggregate Limit of Liability has been exhausted from Claims under Coverage A, Coverage B, this Additional Coverage 12, or any of the other Additional Coverages. 5. This Additional Coverage 12 is secondary to any funds available to the Named Participant from any local, state or federal government sources. 6. The Trust has the right to challenge or dispute any local, state or federal regulatory action. Additional Coverage 13: OREGON CONSUMER IDENTITY THEFT PROTECTION ACT EXPENSE REIMBURSEMENT SUBLIMIT Subject to the following provisions and coverage limits, and notwithstanding Exclusion Y, the Trust will reimburse the Named Participant for the following expenses incurred by the Named Participant: Actions required under ORS 646A.606 to notify persons who are the subjects of a security breach as described in ORS 646A.604; SDIS Liability Coverage Document- 1/1/2019 Page 16 of 52 2. One year of credit monitoring services for persons or organizations whose confidential or personal information has been disclosed due to Wrongful Acts of a Participant. The Trust shall select or approve the credit monitoring services vendor before any costs are incurred by the Named Participant or the Trust will not reimburse the Named Participant; and; 3. Cyber Extortion Threat expenses and ransom payments incurred as a direct result of a Cyber Extortion Threat. This Additional Coverage 13 shall not apply to: Any other costs, penalties, or remedies associated with ORS 646A.600, et seq.; or 2. Anything that is or could be covered under Additional Coverage 14 or which is excluded under Exclusion O of this Coverage Document The most the Trust will pay under this Additional Coverage: Shall not exceed $100,000 each Occurrence and in the aggregate, for any and all Occurrences during any one Coverage Period; and 2. The most the Trust will pay under this Additional Coverage 13 for all SDIS Members covered by the Trust in any one Coverage Period is $500,000 in the aggregate. Once the total cost of claims submitted to the Trust reaches $500,000 the Trust will no longer pay Claims under this Additional Coverage 13. Coverage provided under this Additional Coverage 13 will not be subject to a deductible. Additional Coverage 14: ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY SUBLIMIT Subject to the following provisions and notwithstanding Exclusion Y, the Trust will pay a maximum Coverage Period aggregate limit of $1,000,000 each Occurrence and in the aggregate, for any and all Wrongful Acts for Bodily Injury, Property Damage or Personal Injury caused by all Occurrences, and for all injury or damage caused by all Wrongful Acts associated with the Named Participant's access or disclosure of confidential or personal information and data -related liability. Under this Additional Coverage 14, the Trust will only pay for- 1. Damages that the Named Participant is legally obligated to pay and Defense Costs as a result of Occurrences or Wrongful Acts SDIS Liability Coverage Document - 1/1/2019 Page 17 of ,52 associated with the content posted on the Named Participants website or other electronic communication forums: 2. Damages that the Named Participant is legally obligated to pay and Defense Costs as a result of Occurrences or Wrongful Acts associated with the Named Participants actual or alleged neglect, breach of duty or omission in maintaining the security of the Named Participants computer system. For the purposes of this paragraph, computer system is defined to include systems owned by the Named Participant, or licensed or leased by the Named Participant. The neglect, breach of duty or omission, must allow a third party to gain unauthorized access to the Named Participant's computer system resulting in the publication of another's personal information or the Named Participants inadvertent transmission of a computer virus or malicious code: and 3. Damages that the Named Participant is legally obligated to pay and Defense Costs as the result of Occurrences or Wrongful Acts associated with the Named Participants actual or alleged, breach of duty in maintaining the security of personal identifying information in the Named Participants care, custody and control. This Additional Coverage 14 shall not apply to: Any other costs, penalties, or remedies associated with ORS 646A.600, et. seq.; or 2. Anything that is or could be covered under Additional Coverage 13 or which is excluded under Exclusion O of this Coverage Document. IV. EXCLUSIONS The exclusions under this Section IV Exclusions apply to and preclude coverage under Coverage A, Coverage B, and Additional Coverages under this Coverage Document. For all matters excluded under this Section IV Exclusions, the Trust is not obligated to pay any amount as Damages, Defense Costs, or Supplementary Payments, and the Trust is not obligated to provide a defense. The exclusions are as follows: A. Any liability for Damages which result from an act, omission, or Wrongful Act that is intended by a Participant, or can be expected from the standpoint of a reasonable person, to cause Bodily Injury, Property Damage, Personal Injury, or other injury or damage, even if the injury or damage is of a different degree or type than actually intended or expected. This exclusion does not apply to a Participant who does not act intentionally, but is found liable for the intentional acts of another Participant or third party. 2. This exclusion does not apply to Claims or Suits or Actions arising SDIS Liability Coverage Document - 1/1/2019 Page 18 of 52 out of disparate treatment, discrimination and retaliation, employer sexual harassment, hostile work environment, whistleblower retaliation, and interference with employment or contractual relationship. 3. This exclusion does not apply to Bodily Injury coverage for Damages arising out of a Participant's use of Authorized Self Defense or where, by court ruling, the Named Participant, or a Participant not applying the use of force, is found vicariously liable due to the actions of a Participant directly applying the use of force. 4. This exclusion does not apply to unintended accidental Property Damage or Bodily Injury caused by a Hostile Fire that is intentionally set by a Named Participant for a training exercise or demolition of a structure. B. Any liability for Damages: which the Participant is obligated to pay resulting from breach of any written or oral contract, whether express or implied other than an employment contract; 2. arising out of the assumption of liability by the Participant in a contract or agreement, except for an Insured Contract; or 3. incurred by a party to a contract with a Participant, other than an employment contract, if the Damages would not arise but for the contractual relationship between the parties, regardless of whether those damages are recoverable in tort. C. Any liability for Damages arising out of the maintenance, operation, use, entrustment to others, or Loading or Unloading of any aircraft or Unmanned Aircraft System owned or, operated by, or loaned to anyone. This exclusion does not apply to aircraft that are not flown and which are used only for instructional purposes in a classroom setting. This exclusion does not apply to the liability for the maintenance, operation, use or entrustment to others of an Unmanned Aircraft System by a Participant as long as the Participant has fully complied with: Federal Aviation Administration (FAA) regulations, certifications, rules, procedures, policies and standards for Unmanned Aircraft Systems; 2. US Department of Transportation laws and regulations for Unmanned Aircraft Systems including any future amendments; 3. other applicable federal laws and regulations for Unmanned Aircraft Systems including any future amendments; and SDIS Liability Coverage Document- 1/1/2019 Page 19 of 52 4. any state or local laws and regulations for Unmanned Aircraft Systems including any future amendments. Regardless of whether the Participant has complied with all applicable rules, regulations, certificates, procedures, policies, or standards, this exclusion applies to the maintenance, operation, use or entrustment to others of an Unmanned Aircraft System by a Participant for: Property damage to the Participant's owned or leased property; 2. damage directly to any Unmanned Aircraft System; 3. on -business or unauthorized use of any Unmanned Aircraft System; 4. any Government fines or penalties; 5. Physical contact by any Unmanned Aircraft System with any other aircraft, including airships/blimps or other gas or hot air filled balloons, whether manned or unmanned; or 6. The hijacking of any Unmanned Aircraft System. D. Any liability for Damages arising out of radioactive isotopes or a Nuclear Energy Liability Hazard. E. Any liability for Damages arising out of the ownership, lease, maintenance, operation, or use of watercraft in excess of thirty (30) feet in length. This exclusion applies even if the Claims against any Participant allege negligence or other wrongdoing for the supervision, hiring, employment, training, or monitoring of others by the Participant, if the Occurrence which caused the Bodily Injury or Property Damage involved the ownership, maintenance, use or entrustment to others of any watercraft in excess of thirty (30) feet in length that is owned or operated by or rented or loaned to any Participant. This exclusion does not apply to watercraft commandeered by a Named Participant for Emergency Operations. F. Any liability for Property Damage to property owned or leased by the Named Participant. G. Any liability for Damages for which a Participant or its insurer or the Trust may be held liable under any Workers' Compensation, unemployment compensation, disability benefits law, social security, or other similar law, including, but not limited to, the Jones Act, U.S. Defense Base Act, the Federal Employers Liability Act (FELA), or the U.S. Longshoremen's and Harbor Workers' Compensation Act. H. Any obligation imposed by a workers' compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law, SDIS Liability Coverage Document- I/1/2019 Page 20 of 52 including any volunteer for whom the Named Participant elects to provide Workers' Compensation coverage under ORS 656.031 or 656.041, et al., arising out of and in the course of the Employee or volunteer's employment or use of their services by the Named Participant. However, the Trust agrees to provide Employer's Liability Coverage as described in Additional Coverage 11. Any liability for Damages arising out of zoning laws or regulations, or any action by a zoning board, or in any way connected with, the operation of the principles of eminent domain, condemnation proceedings (including any delay in pursuing or completing condemnation), or inverse condemnation, or by whatever name called, whether such liability accrues directly against the Participant or by virtue of any agreement entered into, by, or on behalf of the Participant. Liability for Damages arising out of, in connection with or relating to, any hospital, clinic or nursing home owned or operated by the Participant, or any such liability assumed by the Participant under contract, including an Insured Contract, which arises out of or is connected with the care, treatment, rendering of health related professional services or providing any associated products or devices to any person brought to, entering or admitted on an inpatient or outpatient basis to such hospital, clinic or nursing home with the intention that care, treatment, professional services or associated products and devices be provided. However, this exclusion does not apply to Incidental Medical Practice by Participants acting within the course and scope of their duties for the Named Participant. K. Any liability for Damage arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of Pollutants: At or from any premises, site, or location which is or was at any time owned or occupied by, or rented or loaned to, any Participant; 2. At or from any premises, site, or location which is or was at any time used by or for any Participant or others for the handling, storage, disposal, processing, or treatment of waste; 3. Which are or were at any time possessed, transported, handled, stored, treated, disposed of, or processed as waste by or for any Participant or any person or organization for whom a Participant many be legally responsible; or 4. At or from any premises, site, or location on which any Participant, or any contractors or subcontractors working directly or indirectly on any Participant's behalf, are or were performing operations: a. If the Pollutants are brought on or to the premises, site, or location in connection with such operation by such Participant, contractor or subcontractor; or SD1S Liability Coverage Document - 1/1/2019 Page 21 of 52 b. If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess, the effects of Pollutants. C. At or from any chattel, property, or Auto that is being transported or towed by, stored, disposed of, treated or processed, handled, or handled for movement by the Participant; Subparagraphs 1. through 4. do not apply to Bodily Injury or Property Damage arising out of heat, smoke, or fumes from a Hostile Fire. 5. Including any loss, cost, or expense arising out of any: a. Request, demand, order, or voluntary act that any Participant or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of Pollutants; or b. Claim by or on behalf of a governmental authority for Damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of Pollutants. This Exclusion K does not apply to a Participant's liability otherwise covered by this Coverage Document for Damages, including Bodily Injury, Property Damage or Personal Injury, arising out of: a. Emergency Operations conducted by a Named Participant and which are conducted away from premises owned by or rented to the Named Participant; b. Fire district training operations; C. Water run-off from the cleaning of the equipment used in Emergency Operations by a Named Participant which is a fire district, or a Named Participant which is assisting a fire district or performing the functions of a fire district; d. The handling of residues or residuals after a motor vehicle accident or after a Hostile Fire has been extinguished, by a Named Participant authorized to fight fires, or a Named Participant which is assisting a fire district or performing the functions of a fire district, provided that the Participant's conduct in connection therewith is in conformance with applicable federal and state statutes, rules and guidelines. SDIS Liability Coverage Document - 1/1/2019 Page 22 of 52 e. The use, handling, storage, discharge, dispersal, release or escape of any chemical used in the Potable Water treatment process; Potable Water which is provided by the Participant to others. L. Any liability for Damages, including Bodily Injury, Personal Injury or Property Damage, or Wrongful Acts caused by, resulting from, contributed by, or arising directly or indirectly out of: 1. Asbestos, asbestos fibers, or asbestos products; 2. Any supervision, instruction, recommendations, notices, warning, or advice given or which should have been given in connection with asbestos, asbestos fibers, or asbestos products; 3. The use of, sale of installation of, removal of, abatement of, distribution of, containment of, or exposure to asbestos, asbestos products, asbestos -containing material, asbestos fibers, or asbestos dust; 4. The actual or threatened abatement, mitigation, removal or disposal of asbestos, asbestos products, asbestos -containing material, asbestos fibers, or asbestos dust; 5. Any obligation of the Participant to indemnify any party in connection with subparagraphs 1. 2. 3. or 4. above. In addition, the Trust shall not be obligated to investigate, to pay any Claim or judgment, or to defend any Claim for Bodily Injury, Personal Injury or Property Damage, or Wrongful Act caused by, resulting from, or arising out of asbestos, asbestos -containing material, asbestos dust, asbestos fibers, or asbestos products. M. Any liability for Damages arising out of a Participant's failure to secure and maintain proper kinds of insurance or bonds, and/or adequate amounts of insurance or bonds, and/or failure to secure insurance or bonds in a timely fashion. Insurance or bonds includes, but is not limited to, insurance provided by self-insurance arrangements, retention groups, self-insurance trusts, pools, captive insurance companies, reciprocal exchanges or any other plan or agreement of risk transfer or assumption. N. Any liability for Damages: Arising out of operations by the Named Participant that are in willful and wanton disregard of the scope or limits of authority under the Named Participant's charter or enabling statute. 2. This exclusion does not apply to the acts of directors, Employees or volunteers of the Named Participant, while acting as a Good Samaritan independently of his or her activities as a director, SDIS Liability Coverage Document - 1/1/2019 Page 23 of 52 Employee or volunteer of the Named Participant, when he or she encounters the scene of an emergency requiring sudden action; provided, however, he or she is not responding to the scene of an emergency with or for any other emergency service organization. This exception does not provide coverage for a Participant (including a director, Employee or volunteer of the Named Participant) for: a. Damages arising out of his or her providing or failing to provide, as a physician, on-line medical direction or medical command via telecommunication to emergency medical personnel; or b. Property Damage to property owned or occupied by or rented or loaned to that Participant. O. Any liability for Damages: Arising out of oral or written publication of material, if done by or at the direction of the Participant, with knowledge of its falsity; 2. Arising out of oral or written publication of material whose first publication took place before the beginning of the Coverage Period or after the expiration of the Coverage Period; 3. Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the Participant; or 4. Arising out of oral or written publication of material by the Participant or on the Participant's behalf, if done in the course or conduct of the practice of law. Written publication includes but is not limited to materials placed or distributed via the internet, electronic chatrooms, social media, blogs, bulletin boards, web -sites, email, texts, or other similar electronic means of communication. This exclusion does not apply to unintentional copyright infringement. P. Any liability for Damages due to: War, including undeclared or civil war; 2. Warlike action by military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or 3. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of SDIS Liability Coverage Document - 1/1/2019 Page 24 of i2 these. Q. Any liability for an expense reimbursement, severance or for back compensation, including but not limited to salary, wages or employee benefits of any kind, including interest associated therewith, with respect to any Claim by an Employee, prospective Employee, one who claims to be an Employee, or a volunteer, and each of their heirs, beneficiaries, or legal representatives. R. Any liability resulting from the action of, or failure to: 1. Collect; 2. Retain; 3. Refund; 4. Disburse; 5. Apply; and/or 6. Anticipate any type of revenue including, without limitation, taxes, fees, charges, assessments, and adjustments. S. Any liability for Damages brought about or contributed to by any dishonest, fraudulent, criminal, bad faith or malicious act or omission of a Participant or arising from the deliberate violation of any Federal, State, or local statute, ordinance, rule, or regulation committed by or with the knowledge and consent of the Participant. The actual or alleged conduct of any Participant shall not be imputed to any other Participant for the applicability of this exclusion. T. Any liability for Damages arising out of any act which violates ORS 294.100, or any liability for conduct which violates ORS 294.100 (Unlawful Expenditure of Public Money). U. Any liability for Damages arising out of any Claim for failure of performance or breach of contract by any insurer, self -insurer, or third - party benefits administrator, including failure of any Employee Benefit Program. V. Any liability for Damages arising out of any Breach of Fiduciary Duty. W. Any liability for Damages arising out of any: 1. Failure of investment programs or plans, including Employee Benefit Programs, to perform as represented by a Participant; 2. Advice given by a Participant to an Employee on how or whether SDIS Liability Coverage Document - 1/1/2019 Page 25 of i2 to participate or not to participate in investment programs or plans, including Employee Benefit Programs; or 3. Failure to comply with any law concerning Workers' Compensation, Unemployment Coverage, Social Security or Disability Benefits. X. Any liability for Damages directly or indirectly based on, arising out of or related to an electronic device's inability to process or recognize the year 2000 or any other date or year, or such electronic device's inability to distinguish between certain dates because its programs identify years only by their last two digits and operate on the assumption that all years are within the Twentieth Century. 1. The electronic devices subject to this exclusion include: a. Computer hardware, microprocessors, computer chips, and any other computerized or electronic equipment or components; b. Computer software, including, but not limited to, applications, operating systems and computer networks; or C. Any other products, equipment, services, data or functions that directly or indirectly incorporate, use or rely on, in any manner, any of the items listed in subparagraphs 1.a. through 1.b. above; 2. This exclusion also applies to any advice, consultation, design, delay, evaluation, inspection, installation, maintenance, omission, repair, replacement or supervision provided or done by any Participant or for any Participant, whether successful or not, to identify, rectify or test any potential or actual problem, failure or malfunction as described in this exclusion. Y. Any Liability for Damages, fines, or penalties arising out of: 1. Any access to or disclosure of any person or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health or medical information, information subject to the Health Insurance Portability and Accountability Act, information subject to the Family Educational Rights and Privacy Act, or any other type of nonpublic information; 2. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate Electronic Data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by a Participant or others arising out of that which is described in subparagraphs 1 or 2 above. SDIS Liability Coverage Document - 1/1/2019 Page 26 of 52 Z. Any liability for Damages arising from the administration of payroll deductions or withholdings. This exclusion does not apply to any act that is considered Administration of Employee Benefits Programs. AA. Any liability for Damages arising directly or indirectly out of, resulting from, caused by, or contributed to by: 1. Any Fungal Pathogens; 2. Any solid, liquid, vapor, mold, or gas produced by or arising out of any Fungal Pathogens; 3. Any material, product, building component, or building structure that contains, harbors, nurtures, or acts as a medium for any Fungal Pathogens; 4. Any intrusion, leakage, or accumulation of water or any other liquid that contains, harbors, nurtures, or acts as a medium for Fungal Pathogens; 5. The actual or threatened abatement, mitigation, removal, or disposal of Fungal Pathogens or any material, product, building component, or building structure that contains, harbors, nurtures, or acts as a medium for any Fungal Pathogens; 6. Any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with subparagraphs 1., 2., 3., 4., or 5. above; or 7. Any obligation of the Participant to indemnify or defend any party in connection with subparagraphs 1., 2., 3., 4., 5., or 6. above. AB. Any liability for Damages arising out of the ownership, maintenance, or use of a trampoline that has: A round or oval -shaped surface with a diameter of over six (6) feet at its greatest distance; 2. A square or rectangular shaped surface area greater than twenty- five (25) square feet; or 3. A surface that is not round, oval, square, or rectangular in shape. Determinations regarding diameter and area will be based on measurements taken from the outermost edges of the trampoline's structure. AC. Any liability for Damages or Defense Costs because of Bodily Injury, Property Damage, or Wrongful Acts arising directly or indirectly out of the ownership, maintenance, operation, use, loading or unloading, or SDIS Liability Coverage Document - 1/1/2019 Page 27 of 52 entrustment to others of any railroad, including but not limited to railroad tracks, equipment and facilities, (1) owned, operated, or owned and operated by or rented or loaned to any Participant, or (2) operated by an independent contractor for which any Participant may be held contractually or vicariously responsible. This exclusion applies even if the Claims or Suit or Action against any Participant allege negligence or other wrongdoing in the supervision, hiring, employment, training, monitoring of others by that Participant, if the Occurrence which caused the Bodily Injury or Property Damage, or the Wrongful Act, involved the ownership, maintenance, operation, use, loading or unloading, or entrustment to others of any railroad, including but not limited to railroad tracks, equipment and facilities, (1) owned, operated, or owned and operated by or rented or loaned to any Participant, or (2) operated by an independent contractor for which any Participant may be held contractually or vicariously responsible. This exclusion does not apply to a Claim or Suit or Action against any of the Named Participants' directors, officers or Employees who qualify as Participants, because of a Wrongful Act(s) committed within the scope of his or her duties as a director, officer or Employee. However, if the Claim or Suit or Action against a director, officer, or Employee is subject to underlying Damages or Defense Costs because of Bodily Injury or Property Damage, then no coverage for the related Wrongful Act(s) applies. This exclusion does not apply to a Rail Spur owned or operated by the Named Participant, if the Named Participant does not own or operate the connecting railroad tracks, equipment or facilities AD. Any liability for Damages arising directly or indirectly out of, resulting from, caused by, or contributed to by: The toxic or pathological properties of lead, lead compounds, or lead contained in any materials; 2. The actual or threatened abatement, mitigation, removal, or disposal or lead, lead compounds, or materials containing lead; 3. Any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with subparagraphs 1. or 2. above; or 4. Any obligation of the Participant to indemnify or defend any party in connection with subparagraphs 1., 2., or 3. above. In addition, and except as set forth in Additional Coverage 10, the Trust shall not be obligated to investigate, to pay any Claim or judgment, or to defend any Claim for Bodily Injury, Personal Injury or Property Damage, or Wrongful Act caused by, resulting from, or arising out of lead, lead compounds, or lead contained in any materials. SDIS Liability Coverage Document - 1/1/2019 Page 28 of 52 AE. Any liability for Damages arising from an Earthquake or Tsunami. AF. Any liability for Damages arising out of an Automobile Hazard, Auto Personal Injury Protection, Uninsured/Underinsured Motorist Bodily Injury Coverage, Auto property damage benefits and Uninsured/Underinsured Motorist Property Damage Coverage. AG. Injunctive Relief, or any liability for Damages arising out of any investigation, Claim, or other proceeding seeking relief or redress in any form other than money Damages, including, but not limited to, costs, fees, plaintiff's attorney fees, defense costs, or expenses which the Participant may become obligated to pay as a result of a consent decree, injunction, settlement, or adverse judgment for declaratory relief, or Injunctive Relief. This includes but is not limited to: Any violation of Oregon Elections and Public Meetings and Records Laws; and/or 2. Unlawful expenditure of public funds. AH Any liability for Damages based upon, arising from, or in consequence of any Occurrence, Wrongful Act, or Claim if written notice of such Occurrence, Wrongful Act, or Claim has been given under any policy of which this Coverage Document is a direct or indirect renewal or replacement, and if such prior policy affords coverage (or would afford such coverage except for the exhaustion of its limits of liability) for such Occurrence, Wrongful Act, or Claim, in whole or in part, as a result of such notice. Al. Any liability for Damages arising out of any Occurrence, Wrongful Act, or Claim based upon, or relating in any way to: Any actual or alleged violation of The Securities Act of 1933, The Securities Exchange Act of 1934, The Public Utilities Holding Act of 1935, The Trust Indenture Act of 1939, The Investment Company Act of 1940, any state Blue Sky Laws, and any federal, state, local, or foreign laws similar to the aforementioned laws and/or regulating the same or similar conduct or services, whether such law is statutory, regulatory, or common law; 2. Involving directly, or indirectly, debt security financing, including, but not limited to, bonds, notes, and debentures; or the investment of, or the failure to invest, public funds, including, but not limited to, the use of derivative investment instruments; and/or 3. Any regulation, investigation, and enforcement actions based upon, arising from, or in consequence of subparagraphs 1. and 2. above. AJ. Sexual Molestation and any liability for Damages arising from Sexual Molestation by any person including, but not limited to, the act of Sexual SDIS Liability Coverage Document - 1/1/2019 Page 29 of i2 Molestation, assistance with or knowledge of the Sexual Molestation, negligent hiring, investigation or lack of investigation, supervision or lack of supervision, reporting or failure to report to the proper authorities, or retention or employment of an alleged sexual molester. AK. Any liability for Damages arising from Participant's assertion of claims in a Suit or Action or Participant's voluntary joinder as a defendant in a Suit or Action. AL. Any liability for Damages arising from administrative complaints asserted before the Oregon Government Ethics Commission (Ethics Complaints) against a Participant. AM. Any liability for Damages arising from administrative proceedings under ORS Chapter 659 before the State of Oregon Bureau Of Labor & Industries ("BOLI") or the U.S. Equal Employment Opportunity Commission (`EEOC"). AN. Any liability for Damages arising from administrative complaints asserted before the U.S. Occupational Safety and Health Administration ("OSHA"), or its Oregon counterpart, against a Participant. AO. Any liability for Damages arising from violations of the Federal Endangered Species Act or the analogous state law(s). AP. Any liability for Damages, including Bodily Injury, Personal Injury, or Property Damage caused by, resulting from, contributed by, or arising directly or indirectly out of: 1. Silica, silica -related dust, exposure to silica or the use of silica; 2. Any damages or any loss, cost or expense arising, in whole or in part, out of any a. Claim or suit by or on behalf of any governmental authority or any other alleged responsible party because of, or b. Request, demand, order or statutory or regulatory requirement that any Participant or any other person or entity should be, or should be responsible for: (i) Assessing the presence, absence or amount or effects of silica or silica -related dust; (ii) Identifying, sampling or testing for, detecting, monitoring, cleaning up, removing, containing, neutralizing, treating, detoxifying, remediating, neutralizing, abating, disposing of or mitigating silica; or SDIS Liability Coverage Document - l/l/2019 Page 30 of 52 (iii) Responding to silica or silica -related dust in any way other than as described in subparagraphs (b) (i) and (ii) above; 3. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with subparagraphs 1. or 2. above; or 4. Any obligation of the Participant to indemnify or contribute with any party in connection with subparagraphs 1., 2., or 3. above. In addition, the Trust shall not be obligated to investigate, to pay any Claim or judgment, or to defend any Claim for Bodily Injury, Personal Injury, or Property Damage caused by, resulting from, contributed by, or arising directly or indirectly out of silica or silica -related dust. AQ. Any liability for Damages for recovering too much profit, compensation, tax benefit, or other remuneration to which a Participant is not entitled. AR. Any liability for Damages arising from an obligation to hold money for or pay money to the Public Employees Retirement System (PERS). V. LIMITS OF LIABILITY A. The Annual Aggregate Limit of Liability shown in the Declarations and the rules below fix the most the Trust will pay regardless of the number of: Participants covered under this Coverage Document; 2. Claims brought; 3. Occurrences or Wrongful Acts during the Coverage Period; 4. Persons or organizations making Claims; or 5. Additional Coverages and other special coverage grants offered. B. Subject to the paragraphs below, the Annual Aggregate Limit of Liability is the most the Trust will pay for all Damages from all covered Occurrences or Wrongful Acts taking place during the Coverage Period. C. The Per Occurrence Limit of Liability shown in the Declarations is the most the Trust will pay for the sum of all Damages in a single covered Occurrence under Coverage A, or the additional coverages, whether one or more of these Coverages apply. D. The Per Wrongful Act Limit of Liability shown in the Declarations is the most the Trust will pay for the sum of all Damages in a single covered Wrongful Act under Coverage B, or the additional coverages, whether one or more of these Coverages apply. However, with respect to Employment Practices Wrongful Acts, the Employment Practices Wrongful Act SDIS Liability Coverage Document - 1/1/2019 Page 31 of 52 Sub -Limit of Liability as shown in the Declarations applies which is part of and not in addition to the Per Wrongful Act Limit of Liability. E. If a Claim, Suit or Action, or the liability for Damages is covered under both Coverage A and Coverage B, then either the Per Occurrence Limit of Liability or the Per Wrongful Act Limit of Liability will apply to the Damages, whichever limit is higher in the Declarations. Once the Trust has paid either the Per Occurrence Limit of Liability or the Per Wrongful Act Limit of Liability, whichever is higher, the Trust has no further obligation to pay such Damages, even if there is a right to coverage under both Coverage A and Coverage B. F. Any payment under the Additional Coverages within this Coverage Document are subject to, and do not increase the Per Occurrence Limit of Liability, the Per Wrongful Act Limit of Liability and the Annual Aggregate Limit of Liability. G. Defense Costs under Coverage A and Coverage B and the Supplementary Payments are in addition to the Per Occurrence Limit of Liability, Per Wrongful Act Limit of Liability and the Annual Aggregate Limit of Liability shown in the Declarations. H. The Annual Aggregate Limit of Liability applies separately to each consecutive annual period, from January 1 through December 31 of the Coverage Period. The Per Occurrence Limit of Liability and Per Wrongful Act Limit of Liability apply once to each Claim, Suit or Action, regardless of the duration of the Claim, Suit or Action, and regardless of when the related dispute is resolved. VI. CONDITIONS A. LIMITATIONS ON ACTION AGAINST THE TRUST Except for declaratory relief actions brought by either the Participant or the Trust to determine coverage within 2 years after the Participant gave the Trust notice of the Claim (in the manner required in Section N, below), Sections VI.B.1 through VI.B.3. of this Coverage Document shall be the sole and exclusive means of resolving any dispute arising out of the Coverage Document. If a court determines coverage issues in a declaratory relief action, the Participant must still use the procedures in Sections VI.B.1 through VI.B.3 as the exclusive means of resolving any remaining dispute regarding the amount of money the Trust is required to pay on any Claim. The Trust shall not be required to participate in any arbitration, and no demand for arbitration shall be valid, under the Coverage Document unless: there has been full compliance with and satisfaction of all of the terms and conditions of this Coverage Document; and 2. demand for arbitration is made within the later of: (a) 180 days after the resolution, settlement or adjudication of the underlying Claim or SDIS Liability Coverage Document - 1/1/2019 Page 32 of 52 Suit or Action, or (b) 180 days after the resolution, settlement, or adjudication of the declaratory relief action between the Participant and the Trust. Any requests to the Trust or Board of Trustees under Section VI.B.1 through VI.B.3 must be in writing and sent to: SDIS P.O. Box 23879 Tigard, OR 97281 Telephone (503) 670-7066 or 1-800-305-1736 Fax (503) 620-9817 B. MANDATORY MEDIATION Mandatory Appeal to Board of Trustees Subject to the exception and the conditions identified in VI.A., above, any and all disputes arising out of this Coverage Document shall first be presented to the Board of Trustees of the Trust for resolution. Any Participant seeking resolution of any dispute arising out of this Coverage Document must present a request for resolution to the Board of Trustees of the Trust, in writing, within two years after the Claim is first asserted. Upon receipt of any request for resolution, the Board of Trustees of the Trust will undertake a review of the dispute in accordance with procedures promulgated by the Board of Trustees of the Trust, and issue a proposed resolution within ninety (90) days of receipt of the written request for resolution. 2. Mandatory Mediation Any and all disputes arising out of this Coverage Document that are not resolved by the Board of Trustees of the Trust to the satisfaction of the Participant or other party requesting resolution, shall be submitted to mediation for resolution. Any request for mediation must be presented, in writing, within thirty (30) days of the resolution proposed by the Board of Trustees of the Trust pursuant to Section VI.B.1. or the proposed resolution of the Board is binding on the Participant. Within fifteen (15) days of the presentation of any request for mediation, the parties shall select a mediator and schedule mediation. If the parties are unable to agree upon a mediator within fifteen (15) days of presentation of the demand for mediation, the parties shall seek the appointment of a mediator by stipulated petition in the Circuit Court of the State of Oregon for the county in which the loss occurred. The mediation shall occur within thirty (30) days of the parties' selection of the mediator. In the event of any mediation arising out of this Coverage Document, each party shall pay all of its own costs and expenses SDIS Liability Coverage Document - I/I/20I9 Page 33 of 52 associated with the mediation, plus one-half of all fees and costs charged by the selected mediator. 3. Mandatory Binding Arbitration Any and all disputes arising out of this Coverage Document that are not resolved through the procedures mandated by Sections VI.B.1. through VI.B.2. shall be fully and finally resolved through arbitration that shall be binding upon all parties. Any demand for arbitration must be made, in writing, within thirty (30) days of the conclusion of the mediation conducted pursuant to Section VI.B.2., and in no event later than thirty (30) months after the Claim is first asserted. No arbitration or other legal action of any kind may be brought or maintained against the Trust under this Coverage Document unless commenced within thirty (30) months after inception of the damage or loss. A single arbitrator, agreed upon by the parties, will preside over the arbitration and shall be the final arbiter of all issues of law and fact in dispute. The parties shall confer and select a competent and impartial arbitrator within fifteen (15) days of presentation of any demand for arbitration. If the parties are unable to agree upon an arbitrator within fifteen (15) days of presentation of the demand for arbitration, the parties shall seek the appointment of an arbitrator by stipulated petition in the Circuit Court of the State of Oregon for the county in which the loss occurred. The arbitration shall be conducted in accordance with the Oregon Uniform Trial Court Rules, Chapter 13, and the Oregon Rules of Civil Procedure, with the exception that the parties shall be permitted to conduct discovery of expert witnesses and materials in accordance with the Federal Rules of Civil Procedure. The arbitrator shall issue a decision, in writing, which shall include the arbitrator's conclusions of fact and law and a statement specifying the bases for and computation of the amount of any award. The decision of the arbitrator shall be final, binding upon all parties, and not subject to appeal. Any and all rights to trial by jury or judge, and to any appeal of any decision of the arbitrator, are expressly waived by the parties to this Coverage Document. In the event of any arbitration arising out of this Coverage Document, each party shall pay all of its own costs and expenses associated with the arbitration, including its own attorney fees, plus one half of all fees and costs charged by the selected arbitrator. Judgment may be entered upon the arbitration award in any Circuit Court of the State of Oregon. SDIS Liability Coverage Document - 1/1/2019 Pag�c 34 of ,52 C. SUBROGATION In the event of any payment under this Coverage Document, the Trust shall be subrogated to all the Participant's rights to recovery thereof, including the right to assert a claim against any person or organization, and the Participant shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Participant shall do nothing after the Trust makes payment to prejudice such rights. In the event the Trust makes any payment under this Coverage Document, the Trust will waive its rights of recovery against any person or organization with whom the Participant has: 1. A written contract that is effective and executed prior to the date of a Claim, Occurrence, or Wrongful Act, if such contract requires the Participant to waive its subrogation, contribution, or indemnity rights; or 2. Performed or received work under a letter of intent, work order, or other letter of understanding, provided that the Participant can demonstrate that such letter of intent, work order, or other letter of understanding would customarily be reduced to a written contract that requires the Participant to waive its subrogation, contribution, or indemnity rights. D. CHANGES The terms of this Coverage Document shall not be waived or changed, except by a written endorsement issued to form a part of this Coverage Document signed by the Trust's authorized representative and delivered to the Named Participant. E. Cancellation 1. The Named Participant shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. The Trust may cancel this policy by mailing or delivering to the Named Participant written notice of cancellation at least: a. 10 days before the effective date of cancellation if the Trust cancels for nonpayment of contribution; or b. 30 days before the effective date of cancellation if the Trust cancels for any other reason. 3. The Trust will mail or deliver notice to the Named Participant's last mailing address known to the Trust. SDIS Liability Coverage Document - I/l/2019 Vagc 35 of 52 4. Notice of cancellation will state the effective date of cancellation. The Coverage Period will end on that date. 5. If this policy is cancelled, the Trust will send the Named Participant any contribution refund due. If the Trust cancels, the refund will be pro rata. If the Named Participant cancels, the refund may be less than pro rata. The cancellation will be effective as of the date of the notice, even if the Trust has not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 7. Non -renewal of a Named Participant's Coverage Document by the Trust shall be made by mailing written notice to the Named Participant at least sixty (60) calendar days prior to the renewal date. F. NON -ASSIGNABLE The interest of any Participant under this Coverage Document shall not be assignable. G. CONTRIBUTION The Contribution by the Named Participant required for coverage under this Coverage Document is subject to audit adjustment. The Named Participant agrees to provide anniversary renewal information at least thirty (30) calendar days prior to anniversary or renewal date. H. CROSS -LIABILITY Except with respect to the Per Occurrence Limit of Liability, Per Wrongful Act Limit of Liability, the Annual Aggregate Limit of Liability, the limits described under the Additional Coverages, and any rights or duties specifically assigned to the Named Participant, this Coverage Document applies: As if each Named Participant were the only Named Participant; and 2. Separately to each Participant against whom a Claim is made or Suit or Action is brought. COVERAGE PERIOD/TERRITORY This Coverage Document applies to Occurrences and Wrongful Act(s) taking place during the Coverage Period which take place in the Coverage Territory, provided the Claim is filed and maintained in the United States of America, its territories or possessions, Puerto Rico, or Canada, and provided that the Damages awarded are paid in United States currency. SD1S Liability Coverage Document - 1/1/2019 Page 36 of 52 J. GOVERNMENT INSTRUMENTALITY The issuance of this Coverage Document, and the Coverages (including Additional Coverages) provided thereunder, shall not be deemed a waiver of any statutory defenses and immunities of any Participant, nor of any statutory limits on the monetary amount of liability applicable to any Participant were this Coverage Document is not in effect. The Trust expressly reserves any and all rights to deny liability by reason of such defenses or immunities, to assert any limitation as to the amount of liability provided by law, and to assert all defenses as may be applicable as to any Claim. K. LIBERALIZATION CLAUSE If the Trust adopts or files for approval extended or broadened coverage during the Coverage Period, or within forty-five (45) calendar days prior to the inception date of coverage, the Participants shall have the benefit of such extended or broadened coverage as though such endorsement or substitution had been made. L. OTHER COVERAGE OR INSURANCE If the Participant has other applicable, collectible coverage of any kind, including insurance, that applies to the Claim, the coverage for Damages provided by this Coverage Document shall be excess, and in no event contributing coverage, and then only for the amount for Damages which would be payable on behalf of the Participant under such forms of coverage. In no event, however, shall the liability hereunder exceed the applicable Per Occurrence Limit of Liability, Per Wrongful Act Limit of Liability or the Annual Aggregate Limit of Liability set forth herein. Notwithstanding the above paragraph, in the event that the Named Participant has entered into an Insured Contract effective and executed prior to the date of an Occurrence or Wrongful Act, if such contract requires the Participant to provide primary coverage, this coverage shall be considered primary. However, in no event shall the liability hereunder exceed the applicable Per Occurrence Limit of Liability, Per Wrongful Act Limit of Liability or Annual Aggregate Limit of Liability set forth herein. M. BANKRUPTCY Bankruptcy or insolvency of the Participant or of the Participant's estate will not relieve the Trust of its obligation under this Coverage Document. N. DUTIES IN THE EVENT OF OCCURRENCE, WRONGFUL ACT, CLAIM, SUIT, OR ACTION Notice to the Trust is accomplished by providing notice to: SDIS SDIS Liability Coverage Document - 1/1/2019 Page 37 of 52 P.O. Box 23879 Tigard, OR 97281 Telephone (503) 670-7066 or 1-800-305-1736 Fax (503) 620-9817 1. The Participant must see to it that the Trust is notified as soon as possible of an Occurrence or Wrongful Act which may result in a Claim. To the extent possible, notice should include: a. How, when, and where the Occurrence or Wrongful Act took place; b. The names and addresses of any witnesses and injured persons; and C. The nature, location, and extent of any injury or Damages arising out of the Occurrence or Wrongful Act. 2. If a Claim is made against any Participant, the Named Participant must: a. Immediately record the specifics of the Claim and the date received; b. Notify the Trust as soon as possible; and C. Send the Trust copies of any demands, notices, summonses, complaints, or legal papers received in connection with the Claim. 3. If a Claim is made against any Participant, as a condition of coverage, the Participant must: a. Preserve records and other information, including electronically stored information, related to the Claim; b. Authorize the Trust to obtain records and other information; C. Cooperate with the Trust in the investigation, settlement, or defense of any Claim; d. Permit access to and preserve the site of the accident or Property Damage in its existing condition as soon as possible after the Occurrence or Wrongful Act takes place, unless it is dangerous to preserve the site of the Occurrence or Wrongful Act in such condition; e. Assist the Trust, upon the Trust's request, in the enforcement of any right against any person or organization which may be liable to the Participant because of injury or Damages to which this Coverage Document may also apply. SDIS habilit} CoNerage Document- 1/1/2019 Page 38of52 4. For coverage under Coverage A and Coverage B, no Participant will, except at their own cost, obtain legal defense counsel, incur legal defense costs, voluntarily make payment, assume any obligation, or incur any expense, other than for first aid, without the Trust's written agreement. O. REPRESENTATIONS By accepting this Coverage Document, for which a Contribution has been made to the Trust, the Named Participant agrees: 1. The statements in the Named Participant's application for insurance and in the Declarations are accurate and complete; 2. The statements are based upon representations made to the Trust in the application for coverage by or on behalf of the Named Participant; and 3. The Trust issued this Coverage Document in reliance upon such representations. P. DEFENSE COUNSEL PANEL SELECTION Unless otherwise specifically indicated within this Coverage Document, the Trust shall select the attorney representing the Participant in the defense of a Claim under this Coverage Document. The scope of such representation shall be the matter being defended. The Participant must retain its own counsel at its own expense for representation in any other matter, including for claims asserted by the Participant against the claimant asserting the Claim. If a Participant is not entitled to a defense, but is entitled to reimbursement of Defense Costs, then the Participant must select its own attorney and pay the legal fees and, thereafter, seek reimbursement from the Trust for Defense Costs as may be allowed, and up to the applicable limits, under this Coverage Document. Q. MEMBERSHIP IN THE SPECIAL DISTRICTS ASSOCIATION OF OREGON It is the express condition for any coverage for any Named Participant under this Coverage Document, regardless of whether this Coverage Document has been cancelled by the Trust that the Named Participant be and remain a member of the Special Districts Association of Oregon for the entire Coverage Period. R. SEVERABILITY If any provision of this Coverage Document shall be rendered illegal or unenforceable by the laws or regulations of any jurisdiction, such provision shall be considered void in such jurisdiction, but this shall not affect the validity or enforceability of any other provision of this Coverage Document SDIS Liability Coverage Document - 1/1/2019 fare 39 of S2 or the enforceability of such provision in any other jurisdiction. S. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY The Participant's rights and duties under this Coverage Document may not be transferred without the Trust's prior written consent. VII. DEFINITIONS • Administration of Employee Benefits Programs means: a. Providing information to Employees of the Named Participant with respect to the Employee Benefits Programs; b. Handling of records in connection with the Employee Benefits Programs by the Named Participant; C. Effecting Employees' enrollment, changes, termination, or cancellation under the Employee Benefits Programs, provided all such acts are authorized by the Named Participant. However, Administration of Employee Benefits Programs does not include: a. handling payroll deductions or withholdings. b. Any employment -related practices. • Annual Aggregate Limit of Liability means the total limit of liability which is stated in the Declarations, and it is the most the Trust will pay in the aggregate for Damages arising from multiple Occurrences or Wrongful Acts that take place during the same Coverage Period. This Annual Aggregate Limit of Liability is the most the Trust will pay regardless of the number of Participants against whom Claims have been asserted and regardless of the number of Claims asserted against Participants. Once the Trust has paid the Annual Aggregate Limit of Liability stated in the Declarations, the Trust has no further obligation to pay or to provide a defense. • Authorized Self -Defense means the use of reasonable force to protect persons or property. It also means, with respect to the Named Participant's law enforcement activities or the Named Participant's departmentally approved law enforcement activities of others, an act of a Participant (unless deemed to be a criminal act) within the arrest or incarceration process. • Auto means a land motor vehicle, trailer, or semitrailer designed for travel on public roads, including any permanently attached machinery or equipment. However, an Auto does not include Mobile Equipment. • Automobile Hazard means Bodily Injury or Property Damage arising out of the SDIS Liability Coverage Document - 1/1/2019 Page 40 of 52 ownership, use (including maintenance or repair), Loading, or Unloading of any Auto. Bodily Injury means bodily harm, sickness, or disease sustained by a person, including death resulting from any of these at any time. It also includes mental anguish, mental injury, or shock, but only when sustained at the same time or as a result of physical injury. Breach of Fiduciary Duty means solely the violation of any of the responsibilities, obligations or duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974, Public Law 93-406 commonly referred to as the Pension Reform Act of 1974 and amendments thereto, or similar provisions of any Federal, State or Local Statutory Law or Common Law. Certified Act of Terrorism means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Claim means any information that may give rise to liability for Damages covered under this Coverage Document. Claim includes, but is not limited to, service of a notice of Claim, service of Suit or Action, or institution of arbitration proceedings against a Participant. Coverage Document means this Liability Coverage Document and the Declarations under which this Liability Coverage Document is issued, which comprise the terms and conditions of the insurance contract between the Trust and the Named Participant. If there is a contradiction between this Liability Coverage Document and the Declarations, the language in the Declarations controls. Coverage Period means the period of time indicated on the Declarations as issued by the Trust to the Named Participant. Coverage Territory means anywhere in the world if the Participant's responsibility to pay Damages is determined in a civil, arbitration, or alternative dispute resolution proceeding brought in the United States of America (including its territories and possessions and including within Indian reservations located in the United States of America), Puerto Rico, or Canada. SDIS Liability Coverage Document - 1/1/2019 Page 41 of i2 • Cyber Extortion Threat mean the use of a computer or other electronic communications system to obtain or attempt by threat unauthorized access to money or other financial gain, or avoidance of financial loss. • Damages means a monetary amount for which a Participant is liable or potentially liable, but Damages do not include: a. Fines; b. Statutory penalties; C. Civil penalties under any statute; d. Civil penalties under Federal or State law; e. Punitive or exemplary damages; f. Money or costs which are normal business expenses of the Named Participant, such as, but not limited to, repair or maintenance of the Named Participant's property; or g. Funds improperly collected or retained from any taxpayer or governmental agency by a Participant or by any other party that improperly receives funds from any taxpayer or governmental agency due to the negligence of a Participant. • Declarations means the Special Districts Insurance Services (SDIS) Liability Declarations page as issued to the Named Participant for the current Coverage Period, which are part of this Coverage Document. • Deductible means the deductible(s) that are stated in the Declarations. • Defense Costs means and is limited to attorney's fees, expert's fees, and normal administrative litigation costs such as court reporter's fees, transcript fees, filing fees, and reasonable, miscellaneous costs such as postage, communication, and photocopies. • Defense Counsel Panel means the attorneys or law firms regularly chosen by the Trust to represent Participants in defending Claims. • Earthquake means a sudden and violent shaking of the ground as a result of seismic activity or movements within the earth's crust or volcanic action. Earthquake also includes any Tsunami, flooding, sinkholes, fire, landslide, or erosion that results from an Earthquake. • Electronic Data means information, facts, data, or programs stored as or on, created or used on, or transmitted to or from, computer software, including systems and application software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices, or any other media which are used with electronically SDIS Liability Coverage Document - 1/1/2019 Page 42 of 52 controlled equipment, and any other electronically stored information. • Emergency Operations means an urgent response to an unexpected and potentially dangerous or destructive situation that threatens to cause Bodily Injury, Personal Injury or Property Damage. • Employee means a current or former employee of the Named Participant or a person who is deemed by law to be an employee of the Named Participant. • Employee Benefits Programs means the following, if established or maintained by or for the Named Participant: a. Group life insurance, employee assistance programs, group accident or health insurance, investment plans or savings plans, profit sharing plans, pension plans, 401 k plans, and stock subscription plans, provided that no one other than an Employee of the Named Participant may subscribe to such insurance program, or plans; b. Unemployment insurance, social security benefits, workers compensation, and disability benefits; and C. Self-insurance program of any kind. • Employee Benefit Liability Claim, means any demand, charge, or lawsuit for damages, compensation or services by one or more employees of the Participant or against the Participant, including any beneficiary(ies) thereof or legal representative(s), as the result of any negligent acts, errors or omissions in the Administration of Employee Benefits Programs. • Employment Practices Wrongful Act means any actual or alleged error or misstatement or misleading statement, act or omission, neglect, negligence or breach of duty by a Participant against a present or former employee of, or an applicant for employment with, the Named Participant, including, but not limited to, refusal to employ, termination of employment, wrongful demotion, wrongful failure to promote, negative evaluation, hostile work environment, reassignment, wrongful discipline, defamation, humiliation, false arrest, false imprisonment, coercion, libel, slander, retaliation, invasion of privacy, failure to grant tenure, Employment -Related Harassment or discrimination. • Employment Practices Wrongful Act Sub -Limit of Liability means the Employment Practices Wrongful Act Sub -Limit of Liability stated in the Declarations • Employment -Related Harassment means actual or alleged unwelcome or offensive verbal or physical conduct, including sexual molestation, against a present or former employee of, or an applicant for employment with, the Named Participant. SDIS Liability Coverage Document - 1/1/2019 Page 43 of 52 • Fungal Pathogens means any fungus or mycota, or any byproduct or type of infestation produced by such fungus or mycota, including, but not limited to, mold, mildew, mycotoxins, spores, or any biogenic aerosols. Good Samaritan means a person who renders aid in an emergency situation to an injured person on a voluntary basis. • Hostile Fire means a fire which becomes uncontrollable or breaks out from where it was intended to be contained. • Incidental Medical Practice means rendering treatment or medical services by a Participant: a. when providing such services as an emergency medical technician or firefighter; b. when rendering first aid, whether or not the Participant is also licensed to practice a form of medicine. Such first aid must be done voluntarily, in good faith, and without expectation of compensation; or C. when providing such services is in connection with providing training, certification, licensure, or on-line telecommunicated directions in the course and scope of the Participant's duties for the Named Participant. • Injunctive Relief means non -monetary or equitable relief requested against a Participant. Such non -monetary or equitable relief includes, without limitation, a permanent, preliminary, or temporary injunction; a restraining order; a stalking order; a prohibitive writ against performance; and an order for specific performance. • Insured Contract means a legally enforceable contract that includes one or more of the following: a. A provision in a lease of premises that relates to Tort liabilities assumed by the Named Participant arising out of the lease, such assumption occurring in writing prior to the date of Occurrence or Wrongful Act; b. A sidetrack agreement; C. Any easement or license agreement; d. An obligation, as required by ordinance, regulation, or statute to indemnify a Public Body; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named SDIS Liability Coverage Document- 1/1/2019 Page 44 oti2 Participant's operations (including an indemnification of a Public Body in connection with work performed by or for a Public Body) under which the Named Participant assumes the Tort liability of another person or entity to pay for Bodily Injury, Property Damage, or Personal Injury to a third person or organization, provided the Bodily Injury, Property Damage, or Personal Injury is based on an Occurrence that takes place subsequent to the execution of the contract or agreement; g. An indemnification agreement between a hospital or other medical care center and the Named Participant that is required by the hospital or medical care center in connection with it providing emergency medical technician training to Participants in connection with an emergency medical technician training program; and h. Contracts for services with Public Bodies. An Insured Contract does not include that part of any contract or agreement: a. That indemnifies an architect, engineer, or surveyor acting as an independent contractor for injury or Damages arising out of professional errors or omissions; b. That indemnifies any person or organization for Damages by fire to premises rented or loaned to the Participant for an amount greater than $1 million; and That involve the purchase or sale of real property or personal property. • Loading or Unloading means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft, Auto, or Mobile Equipment; b. While it is in or on an aircraft, watercraft, Auto, or Mobile Equipment; or C. While it is being moved from an aircraft, watercraft, Auto, or Mobile Equipment to the place where it is finally delivered; but Loading or Unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft, Auto, or Mobile Equipment. • Medical Care means the rendering of services related to the maintenance of health, prevention of illness, and treatment of illness or injury, whether such illness or injury is physical, mental, or emotional. • Mobile Equipment means any of the following types of land vehicles, including any attached machinery or equipment: SDIS Liability Coverage Document- I/I/2019 page 45 of 52 a. Bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises a Named Participant owns or rents; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, with permanently mounted: 1. Power cranes, shovels, loaders, diggers, or drills; or 2. Road construction or resurfacing equipment such as graders, scrapers, or rollers; e. Vehicles not described in a., b., c., or d. immediately preceding that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. Air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well servicing equipment; or 2. Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. of this section maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment, but will be considered Autos: 1. Equipment designed primarily for: (i) Snow removal; (ii) Road maintenance, but not construction or resurfacing; or (iii) Street cleaning; 2. Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers; and 3. Air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, or well servicing equipment. Notwithstanding the foregoing, any vehicle, equipment, or machinery that is considered an auto that is covered under any other insurance policy SDIS Liability Coverage Document- 1/1/2019 Page 46 of 52 purchased by the Named Participant, will be deemed an Auto under this Coverage Document, and not Mobile Equipment. • Named Participant means the organization formed under the laws of the State of Oregon identified as the Named Participant in the Declarations. • Nuclear Energy Liability Hazard means injury, sickness, disease, death or destruction (1) with respect to which a Participant under this Coverage Document is also an insured under a nuclear energy liability insurance policy or Coverage Document issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, or Nuclear Insurance Association of Canada, or would be an insured under any such Coverage Document or policy but for its termination upon exhaustion of its limits of liability; (2) resulting from the hazardous properties of nuclear material and with respect to which (i) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (ii) the Participant is, or had such policy or Coverage Document not been issued, would be entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; (3) resulting from the hazardous properties of nuclear materials, if (i) the nuclear material is at any nuclear facility owned by, or operated on behalf of, any Participant, or has dispersed therefrom; (ii) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported, or disposed of, by or on behalf of a Participant, or (iii) the injury, sickness, disease, death, or destruction arising out of the furnishing by a Participant of services, materials, parts, or equipment in connection with planning, construction, maintenance, operation, or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions, Puerto Rico, or Canada, this part (iii) applies only to injury or destruction of or loss of property of such nuclear facility. As used in this definition: a. Hazardous properties means radioactive, toxic, or explosive properties; b. Nuclear material means source material, special nuclear material, or byproduct material; C. Source material, special nuclear material, and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; d. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; e. Waste means any waste material (a) containing byproduct material and (b) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; SDIS Liability Coverage Document - 1/1/2019 Page 47 of 52 Nuclear facility means (a) any nuclear reaction; (b) any equipment or device designated or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing, or packaging waste; (c) any equipment or device used for the processing, fabricating, or alloying of special nuclear material if at any time the total amount of such material in the custody of a Participant at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233, or any combination thereof, or more than 250 grams of uranium 235; (d) any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises for such operation; g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to "injury" or to "destruction" of property, then "injury" or "destruction" includes all forms of radioactive contamination of property. • Occurrence means: a. With respect to Bodily Injury and Property Damage, an accident, including continuous or repeated exposure to substantially the same general harmful conditions; Any Occurrence that is based on continuous or repeated exposure to substantially the same general harmful conditions shall be deemed to have taken place on the date of the initial exposure to the initial general harmful condition; 2. The multiple exposures shall be deemed to be a single Occurrence that takes place on such date of initial exposure; 3. The Occurrence is deemed to occur on such single date regardless of the number or date of the subsequent exposures; 4. The Occurrence is deemed to occur on such single date regardless of whether the Occurrence or the resulting Bodily Injury, Property Damage, or Personal Injury takes place over more than one Coverage Period; 5. The Occurrence is deemed to occur on such single date regardless of the number of persons or property exposed or injured, or person offended, or resulting Claims; 6. Such single Occurrence shall be considered under one aggregate, Per Occurrence Limit of Liability under the Coverage Period, if any, applicable to the date of the initial exposure to the initial general harmful condition. SDIS Liability Coverage Document - 1/1/2019 Page 48 of 52 b. With respect to Personal Injury, an Offense or series of related Offenses. 1. Any Occurrence that is based on a series of related Offenses shall be deemed to have taken place on the date of the initial Offense; 2. The multiple Offenses shall be deemed to be a single Occurrence that takes place on such date of initial Offense; 3. The Occurrence is deemed to occur on such single date regardless of the number or date of the subsequent Offenses; 4. The Occurrence is deemed to occur on such single date regardless of whether the Occurrence or the resulting Bodily Injury, Property Damage, or Personal Injury takes place over more than one Coverage Period; 5. The Occurrence is deemed to occur on such single date regardless of the number of persons or property exposed or injured, or person harmed, or resulting Claims; 6. Such single Occurrence shall be considered under one aggregate Per Occurrence Limit of Liability under the Coverage Period, if any, applicable to the date of the initial exposure to the initial Offense. • Offenses means any of the offenses included in the definition of Personal Injury. • Participant means the Named Participant and each of the following while acting under the direction and control of the Named Participant and within the course and scope of their duties as such: a. Directors; b. Executive Officers; C. Employees; d. agents of the Named Participant pursuant to ORS 30.285 e. Volunteers; f. Any board, commission, governmental agency, subdivision, department, municipal body, not -for profit corporation, association or other unit operated by the Named Participant, or under the Named Participant's jurisdiction, will qualify as a Participant if there is no other similar insurance in place for that organization; SDIS Liability Coverage Document - l/l/2019 Page 49 of .52 g. Good Samaritans at the scene of an accident, when the person's actions are not part of any official response of the Named Participant; and h. Any person, entity, or any organization the Named Participant is required by an Insured Contract to include as a Participant. The terms of the Insured Contract will have no effect on either the Per Occurrence Limit of Liability, Per Wrongful Act Limit of Liability or the Annual Aggregate Limit of Liability. The Insured Contract must be effective and executed prior to a covered Occurrence or Wrongful Act. In no event shall coverage under this Coverage Document extend pursuant to this subsection h. to any party for any Claim, however or whenever asserted, arising out of such party's sole negligence. The term "Additional Insured," if used in an Insured Contract, shall be understood to mean the same as Additional Participant. Per Occurrence Limit of Liability means the Per Occurrence Limit of Liability which is stated in the Declarations. The Per Occurrence Limit of Liability shown in the Declarations is the Trust's maximum limit of liability for all Damages arising from one Occurrence that takes place during the Coverage Period under Coverage A, and, where applicable, the Additional Coverages. In the event the limit under an Additional Coverage is lower than the Per Occurrence Limit of Liability, the lower limit applies. This Per Occurrence Limit of Liability is the most the Trust will pay regardless of the number of Participants against whom Claims have been asserted and regardless of the number of Claims seeking the Damages that have been asserted. Per Wrongful Act Limit of Liability means the Per Wrongful Act Limit of Liability which is stated in the Declarations. The Per Wrongful Act Limit of Liability shown in the Declarations is the Trust's maximum limit of liability for all Damages arising from one Wrongful Act that takes place during the Coverage Period under Coverage B, and, where applicable, the Additional Coverages. In the event the limit under an Additional Coverage is lower than the Per Wrongful Act Limit of Liability, the lower limit applies. This Per Wrongful Act Limit of Liability is the most the Trust will pay regardless of the number of Participants against whom Claims have been asserted and regardless of the number of Claims seeking the Damages that have been asserted. Personal Injury means injury, other than Bodily Injury, arising out of one or more of the following Offenses: a. False arrest, detention, or imprisonment; b. Malicious prosecution; C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies by or on behalf of its owner, landlord, or lessor; SDIS Liability Coverage Document- 1/1/2019 Page 50 of 52 d. Oral statements or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; e. Oral statements or written publication of material that violates a person's right of privacy; or f. Copyright infringement. Written publication, as used under the definition of Personal Injury, includes, but is not limited to, materials placed or distributed via the internet, electronic chatrooms, bulletin boards, web -sites, email, text messages, or other similar electronic means of communication. • Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned, or reclaimed. • Potable Water means water intended and provided for human consumption. • Property Damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured, but only if that loss of use happens as a result of physical injury to the claimant's other tangible property. All such loss of use shall be deemed to occur at the time of the Occurrence that caused it. • Public Body means the State of Oregon or any political subdivision, municipality, public corporation, or agency as defined in ORS 30.260(4). • Rail spur means a side track that connects with the main track of a railroad system. • Related Wrongful Acts mean Wrongful Acts which have as a common nexus any fact, circumstance, situation, event, transaction or series of facts, circumstances, situations, events or transactions. • Sexual Molestation means the actual, attempted, or alleged unlawful sexual contact of a person, by another person, or persons acting in concert. • Suit or Action means a civil proceeding filed in a court of law. Suit or Action also includes an arbitration proceeding in which Damages are claimed and to which the Participant must submit or does submit, with our consent, or any other alternative dispute resolution proceeding to which the Participant submits with the Trust's consent. SD1S Liability Coverage Document - 1/l/2019 Page 51 of 52 • Tort means the breach of a legal duty that is imposed by law, other than a duty arising from contract or quasi -contract, the breach of which causes injury to a specific person, persons, or property for which the law provides a civil right of action for Damages or for a protective remedy. • Trust means the Special Districts Insurance Services Trust. • Tsunami means high sea wave or inundation of sea water on land caused by an Earthquake or submarine landslide. • Unmanned Aircraft System means an unmanned aircraft, without a human pilot on board, and all the associated support equipment, control station, data links, telemetry, communications and navigation equipment necessary for the pilot -in - command together with his or her crewmembers and visual observers to operate the unmanned aircraft. Wrongful Acts means an actual or alleged error, misstatement, or misleading statement, or an act of omission or neglect, negligence, or breach of duty, including misfeasance and nonfeasance by a Participant rendered in the discharge of their duties, including continuous or repeated similar conduct, and including an Employment Practices Wrongful Act or acts in the Administration of Employee Benefits Programs. a. Any Wrongful Act that is based on continuous or repeated conduct shall be deemed to have taken place on the date of the initial conduct; b. A series of Related Wrongful Acts shall be deemed to be a single Wrongful Act that takes place on such date of initial conduct; C. The Wrongful Act is deemed to take place on such single date regardless of the number or dates of the Related Wrongful Acts; d. The Wrongful Act is deemed to take place on such single date regardless of whether the resulting injury or damage, including any resulting Bodily Injury, Property Damage, or Personal Injury from an Employment Practices Wrongful Act, takes place over more than one Coverage Period, e. The Wrongful Act is deemed to take place on such single date regardless of the number of persons or property harmed or resulting Claims, Such single Wrongful Act shall be subject to a single Per Wrongful Act Limit of Liability and, if applicable, Annual Aggregate Limit of Liability for the Coverage Period when the initial Wrongful Act took place. END OF LIABILITY COVERAGE DOCUMENT SDIS Liability Coverage Document - 1/1/2019 Page 52 of 52