Definitions

The following definitions shall apply to words used in this Agreement unless the context in which the word appears demands another definition:

"Automobile" means a land motor vehicle, trailer or semi-tractor designated for travel on public roads, including any attached machinery or equipment. But "automobile" does not include "mobile equipment".

"Bodily Injury" means any bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.

"Damages" means those sums of money imposed by law as compensation, to include medical and funeral expenses, loss of service, lost wages, loss of consortium, interest, physical, mental and emotional pain and suffering (past, present, future) resulting from "bodily injury" or "personal injury". "Damages" also include money paid to repair or replace damaged property or its loss of use resulting from "property damage". If "damages" are covered by this Agreement resulting punitive damages, liquidated damages and/or attorney fees and costs would also be covered, but only to the extent the punitive damages, liquidated damaged and/or attorney fees and costs arose out of covered "damages".

"Department" means each State of Georgia agency, authority, board, bureau, commission, department, or instrumentality electing coverage for its employees under this Agreement.

"Employment Practices Violations" means any of the following actual or alleged acts which are employment related: (1) wrongful dismissal, discharge, termination or constructive termination of employment; (2) harassment of any type; (3) discrimination (including but not limited to discrimination based upon age, gender, race, color, national origin, religion, sexual orientation or preference, pregnancy, or disability); (4) retaliation; (5) misrepresentation to an employee or applicant for employment; (6) libel, slander, humiliation, defamation or invasion of privacy; (7) wrongful failure to employ or promote; (8) wrongful deprivation of career opportunity, wrongful demotion or negligent employee evaluation, including the giving of negative or defamatory statements in connection with an employee reference; (9) wrongful discipline; (10) failure to grant tenure or practice privileges; (11) failure to provide or enforce adequate or consistent organizational policies or procedures; (12) violation of an individual's civil rights.

"Lawsuit" means a civil proceeding in which "damages" because of "bodily injury", "property damage", and/or "personal Injury" to which this Agreement applies are alleged. "Lawsuit" includes (1) an arbitration or other alternative dispute resolution proceeding in which such "damages" are claimed and to which the Covered Party must submit or does submit with DOAS' consent; or (2) a proceeding before the Equal Employment Opportunity Commission or similar state commission, in which such damages are claimed and to which the Covered Party submits with DOAS' consent.

"Loading or unloading" means the handling of property: (1) after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "automobile" or (2) while it is in or on an aircraft, watercraft or "automobile" or (3) while it is being moved from an aircraft, watercraft or "automobile" 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 or "automobile".

"Medical Services" means health care, medical care, or treatment provided to any individual, including without limitation any of the following: medical, surgical, dental, psychiatric, mental health, chiropractic, osteopathic, nursing, or other professional health care; the furnishing or dispensing of medications, drugs, blood, blood products, or medical, surgical, dental, or psychiatric supplies, equipment or appliances in connection with such care; the furnishing or dispensing of food or beverages in connection with such care; the providing of counseling or other social services in connection with such care; and the handling of, or the performance of post-mortem examinations on, human bodies.

"Mobile Equipment" means a land vehicle, vehicle, to include any machinery or apparatus attached thereto, whether or not self-propelled, which is: (1) not subject to the motor vehicle registration; (2) maintained for use exclusively on premises owned by or rented to the State of Georgia or any of its "departments", including the right-of-way immediately adjoining such premises; (3) designed for use principally on off-public roads; or (4) designed and maintained for the sole purpose of affording mobility to the equipment of the following types and forming an integral part of or permanently attached to such vehicle: Power cranes, shovels, loaders, diggers and drills, cement mixers (other than mixed-in transit types), graders, scrapers, rollers and other road construction or repair equipment, air compressors, pumps and generators, including spraying, welding, building cleaning equipment, geophysical exploration, farm machinery, lighting and well servicing equipment, cherry pickers and similar devices used to raise or lower workers.

"Occurrence" means every act of a Covered Party, including any continuous or repeated exposure to the same or substantially same general harmful conditions, which causes "bodily Injury", "property damage", and/or "personal injury", arising out of a Covered Party's employment with the State of Georgia or any "department" thereof. In addition, regardless whether there has been the same general condition, any series or sequence of personnel actions by one or more Covered Parties from one or more "departments" against individual(s) and/or organization(s) shall be deemed one "occurrence".

"Personal Injury" means injury, other than "bodily injury" arising out of one or more of the following "occurrences":

The publication or utterance of libel or slander or other defamatory or disparaging material, or a publication or utterance in violation of an individual’s right of privacy; except publications or utterances in the course of or related to advertising activities conducted by or on behalf of any Covered Party;

Wrongful entry or eviction, or any other invasion of the right of private occupancy;

False arrest, detention or imprisonment, abuse of process or malicious prosecution;

Misappropriation of advertising ideas or style of doing business;

Infringement of copyright, title or slogan;

"Wrongful Acts".

"Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.

"Property Damage" means (1) 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 (2) loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it.

"Wrongful Act" means (1) any actual or alleged tortuous error, act, omission, misstatement, misleading statement, neglect or breaches of duty committed by any Covered Party in the exercise of the Covered Party's duties as authorized by law, or any matter claimed against any Covered Party solely by reason of the Covered Party serving in such capacity. This includes "employment practices violations", misfeasance, malfeasance, or nonfeasance in the discharge of duties, individually or collectively that results directly but unexpectedly and unintentionally in damages to others.

All claims involving the same "wrongful act" or a series of continuous or interrelated "wrongful acts", by one of more Covered Parties, will be considered arising out of one "wrongful act".