Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule.
Injury on Duty Any unit employee who suffers an injury while working during the course of his/her employment for the County shall be entitled to injury leave until said employee is able to return to work or is terminated in any manner and subject to any limitations imposed by this Article or State Law. Injury means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result and resulting from external force, including injuries to artificial members. Any injury sustained by an employee while engaging in an athletic or social event sponsored by the employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participating in such event. For purposes of this Article, coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall not be deemed to be an injury by accident sustained arising out of and in the course of the employment except for Sheriff employees who are covered by state statutes.
WHAT WE EXCLUDE In addition to the exclusions appearing in the section "Which general exclusions apply to all of our covers?", we do not cover interruptions following: • cosmetic treatment, health cure, voluntary termination of pregnancy, in vitro fertilisation and its consequences; • depressive, mental or psychological illness without hospitalisation of less than three days; • epidemics or pandemics. WHAT WE EXCLUDE Apart from the exclusions appearing in the section “Which general exclusions apply to all our covers?", we cannot intervene or compensate if the immobilisation is due to: • running out of fuel or using the wrong fuel; • puncture; • losing, mislaying, theft or breakage of keys other than breakage of the key in the vehicle's steering anti-theft system; • repeated breakdowns of the same type caused by failure to repair the vehicle after our agents have initially intervened during the month preceding the event; • air conditioning problems and breakdowns; • unless stated otherwise in the policy, damage to bodywork that does not result in immobilisation of the vehicle; • consequences immobilising the vehicle for servicing; • Failures of alarm systems not fitted as standard. Our cover excludes reimbursements of: • fuel costs; • personal items and effects left in and/or on the vehicle; • customs and surveillance costs other than those previously agreed on by the assistance service; • goods and animals being carried; • vehicle repair and towing costs, spare parts; • all costs other than coverage of a replacement vehicle within the limits provided for in the Schedule of Cover. Immobilisation of the following vehicles is excluded from replacement vehicle cover: • motorcycles under 125 cc; • mopeds, scooters; • luggage trailers of a gross vehicle weight of more than 750 kg; • non-standard trailers and all trailers other than those intended for carrying luggage, as well as boat trailers and vehicle-carrying trailers; • registered motorised quadricycles driven without a licence; • vehicles intended to carry people for money such as driving-school cars, ambulances, taxis, hearses and hired vehicles; • vehicles designed to carry goods and animals. should comply with the following weight and dimensions: • Maximum weight: Less than 10 kilograms Maximum dimensions: the sum of the length, width and height of the parcel must not exceed 150 centimetres. Under no circumstances can the Insurer be held liable for: • delays attributable to the transport providers selected to deliver the forgotten item. the breakage, loss, damage or theft of the forgotten Item during transportation; • consequences resulting from the nature of the forgotten item; a refusal by national or international customs to authorise the shipment of the forgotten item.
Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by CITY's Risk Manager. At the option of CITY, either; the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officer, employees, agents and contractors; or GRANTEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the CITY's Risk Manager.
Defense of Third Party Claims Upon receipt by the Indemnifying Party of a notice from the Indemnified Party with respect to any claim of a third party against the Indemnified Party, for which the Indemnified Party seeks indemnification hereunder, the Indemnifying Party shall have the right to assume the defense of such claim, and the Indemnified Party shall cooperate to the extent reasonably requested by the Indemnifying Party in defense or prosecution thereof and shall furnish such records, information and testimony and attend all such conferences, discovery proceedings, hearings, trials and appeals as may be reasonably requested by the Indemnifying Party in connection therewith. If the Indemnifying Party shall elect to assume the defense of such claim, the Indemnified Party shall have the right to employ its own counsel in any such case, but the fees and expenses of such counsel shall be at the expense of the Indemnified Party. If the Indemnifying Party has assumed the defense of any claim against the Indemnified Party, the Indemnifying Party shall have the right to settle any claim for which indemnification has been sought and is available hereunder; provided that, to the extent that such settlement requires the Indemnified Party to take, or prohibits the Indemnified Party from taking, any action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnified Party, such consent not to be unreasonably withheld, conditioned or delayed. If the Indemnifying Party does not assume the defense of a third party claim and disputes the Indemnified Party’s right to indemnification, the Indemnified Party shall have the right to assume control of the defense of such claim through counsel of its choice, the reasonable costs of which shall be at the Indemnifying Party’s expense in the event that the Indemnified Party’s right of indemnification is ultimately established through settlement, compromise or other legal proceeding. In no circumstance may the Indemnified Party compromise or settle a claim with a third party for which it seeks indemnification from the Indemnifying Party without first obtaining the prior written consent of the Indemnifying Party, such consent not to be unreasonably withheld, conditioned or delayed.
Policy Deductibles and/or Self-Insured Retentions The policies set forth in these requirements may provide coverage that contains deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the City. Consultant shall be solely responsible for any such deductible or self-insured retention amount.
NOTICE OF THIRD PARTY CLAIMS Pursuant to Public Contract Code Section 9201, District shall provide Contractor timely notification of the receipt of any third-party claim relating to this Contract. District shall be entitled to recover its reasonable costs incurred in providing such notification.