Gross Negligence or Willful or Reckless Conduct

Notwithstanding any other provision of 503 CMR 2.00, no Reimbursement for any cost, expense, obligation, or Claim for Bodily Injury or Property Damage or Damage to Natural Resources that was proximately caused from Gross Negligence or Willful or Reckless Conduct on the part of the principal(s) of the Claimant or an employee(s) or agent(s) working under the specific direction of the principal(s) of the Claimant or Owner/Operator shall be eligible for Reimbursement from the Fund. 2. 12: continued 1 . Any obligation for which the Claimant can be held liable under Workers Compensation, unemployment compensation, disability benefits, or similar law protecting employees of the Claimant. 2. Any damages to an employee or independent contractor of the Claimant connected to the employment or contracting relationship. 3. Any damages to any business associate of the Claimant (or to a related enterprise), including without limitation, a partner, shareholder (except one owning or controlling less than 5% of a publicly traded company), or joint venture of the Claimant or of a related enterprise or by any business entity or individual (or the Owners, agents or employees thereof) that owns, leases, operates, or manages the Site except to the extent arising from a business relationship with the Claimant that is unrelated or incidental to the Claimant's relationship to the Site. 4. Any liability assumed by the Claimant under any contract or agreement if the liability would not exist without a contract or agreement. 5. Compensation to the third-party for expenses related to one of the specific types of costs designated in 503 CMR 2.12(4): a. Pain and suffering; b. Loss of consortium; c. Fear of future harm or disease; d. Medical monitoring in the absence of present harm or disease; e. Punitive damages, civil penalties, or criminal fines; f. Damages in excess of the actual and verifiable costs incurred by the third-party for one of the types of damage listed in 503 CMR 2. 12; g. Emotional distress; h. Diminution of property value; i. Attorneys' fees, expert witness fees and other similar costs associated with litigation or court-ordered arbitration; or j. Any off-site rents for the placement and/or operation ofremediation equipment or recovery wells. (d) Eligible Reimbursements for Final Judgments shall be governed by the following: 1 . The Reimbursement Fee Schedule that sets forth charges representing the maximum amounts the Board will regard as reasonable and appropriate for certain costs. For activities not covered by the Reimbursement Fee Schedule, reasonable and appropriate amounts for the different types of damages shall be determined by the Board. (6) Other requirements Related to Claims Arising from Civil Court Action. (a) Other requirements related to claims arising from civil court action. Only one Claim may be filed for each Final Judgment except as set out below. If a Final Judgment requires payment over time, a Claimant may file Claims and the Board may schedule Reimbursements according to the Final Judgment. If the Final Judgment benefits multiple persons, the Board may treat each person independently or as a group as the Board determines. (b) Any Claim arising from a Final Judgment shall be filed as prescribed by the Board, and shall include a copy of the Final Judgment, including information to satisfy the requirements of 503 CMR 2. 12. (c) The application shall list and be accompanied by documentation of amounts paid by the Claimant to the third party and shall specify the purpose of the payments. (d) Within 45 days of presentation to the Board of a Claim for Reimbursement or, if later, within 45 days of presentation to the Board of any supplemental information requested by the Board or DOR, the Board shall notify the Claimant in writing of its determination on the Claim for Reimbursement. For the purposes of administering the program, a Claim shall be considered complete upon its receipt, review by DOR, and presentation to the Board.