BICEP 2-1988 - Laserfiche WebLink

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3. Publication or utterance of material that slanders or libels a person or organiza' lion or disparages a person's or organization's goods, products or services, or oral or wri~en publication of material that violates a person's right of privacy; and 4. Discrimination based upon race, religion, nationality, national origin, color, creed, sex, sexual preference, age or employment; 5. Assault and battery. POLLUTANTS -- means any solid, liquid, gaseous, or thermal irritant or contami- nant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. The term POLLUTANTS as used herein is not defined to mean potable water or agricultural water or water furnished to commercial users or water used for fire suppression. PROPERTY DAMAGE -- means: 1. Physical injury to tangible property, including all resulting loss of use to that property; or 2. Loss of use of tangible property that is not physically injured. PUBLIC OFFICIALS ERRORS AND OMISSIONS -- means an offense consisting of any actual or alleged misstatement or misleading statement or act or omission by neglect or breach of duty including misfeasance, malfeasance, or nonfeasance by COVERED INDIVIDUALS individually or collectively in the discharge of their duties with the CI3-Y, or any matter claimed against them solely by reason of their being or having been public officials. ULTIMATE NET LOSS -- means the sum for which the Insured is liable either by ad- judication or by compromise after making proper deduction for all recoveries and salvages, and also includes DEFENSE COSTS. SECTION III -- DEFENSE AND SETTLEMENT The Authority shall have the right and duty to participate in the defense of any suit against an Insured, where such suit is likely to involve a COVERED ULTIMATE NET LOSS even if any allegations are groundless, false or fraudulent. After the amount of the CITY's Retained Limit has been exhausted by payment of judgements, settlements and DEFENSE COSTS, the Authority shall pay any excess within its Limit of Liability.: The Authority shall at its own expense, have the right to participate in the investigation, negotiation, settlement or defense of any CLAIM or suit against any Insured when the final. in the opinion of the Authority, such claim may result in a COVERED ULTIMATE NET LOSS: The Insured shall fully Cooperate in all matters pertaining to such claims or proceeding. No CLAIM shall be settled for an amount in excess of the Insured's Retained Limit without the prior consent of the Authority. BICEP 3/9/88 ?-3