However, unless Pairagraph (1) above
<br />applies, this exclusion does not apply to
<br />damages because of "bodily iinjury"',
<br />As used in this exclusion, letectronic data
<br />means information, facts, or Iprogiramns stored
<br />as or, on, created air, uised on, or transrnitted to
<br />or from computer software, including systems
<br />and apphicatibins softwaire, hard or floppy
<br />disks, CD-ROMS, t,apes, drjives, cells, data
<br />processing devices or any other media whictt
<br />are uised with electroinJcally controlled
<br />equiprinenit.
<br />q. Employment Related Practices
<br />"Bodily injury"' to:
<br />(1) A (person arising out of ainy "employment
<br />-
<br />related p,racfiQes`;1 or
<br />�2) The spouise, eftild, parent, biroth,er, or sister,
<br />afthat person, as a consequenice of"bodHy
<br />injury" to that person at whom any
<br />..i ert"ilploynieri't-,rel,a,ted pracdoes" are
<br />directed,
<br />i exclusion applies:
<br />(1) Whether the injury-calusing event
<br />described inthe definition of"erniployrnient-
<br />r0ated practices" OCCUNS before
<br />ernployment, during employment or, after,
<br />employrnen't oftbat persona�
<br />1(2) Whether the insured may be Hable as an
<br />employer or in any other capacity; and
<br />(3) To any oblJgafion to shiaire darnages with,
<br />or repay someone else who, must pay
<br />damages because of the injury
<br />r. Asbestos
<br />(11), "'Bodily injury" air "property diarriage"
<br />arising out of the "asbestois, ha,zard".
<br />(2), Any damages, Judgments, settlernents,
<br />loss, costs or expenses that:
<br />(a), May be awarded or incurred by reason
<br />of any claim or suit alleging actual) or
<br />threatened injury or daimage of any
<br />nature or kiind to, persons or property
<br />which, would not have occurred in
<br />whole oir iin part but for the "asbestos
<br />hazard";
<br />(b) Arise out of any request, demand,
<br />order or statutory or regulatory
<br />requirement that any insured or others
<br />test for, ni clean up, remove,
<br />encapsulate, contain, treat, detoxify or
<br />neutrafi7e or in any way respondi to, or
<br />assess the effects of ,an, `asbestos
<br />hazard"; or
<br />(c) Arise out of any cla4n or suit for
<br />daimages because of testiing for,
<br />nioniftoring, clleaningl up, rernioving,
<br />encaips,Jating, containing, treating,
<br />Page 6 of 21
<br />detaxifyingi or neutralizing or in any
<br />way respoindling to, or assessing the
<br />effects, of an "asbestos, hazard".
<br />s» Recordinndl istribution Of Material Or,
<br />Information In Violation Of Law
<br />"Bodily injury" or "property damage" arising
<br />directly air indirectly out of any action, or
<br />ornissloini that violates or is allegied to violate:
<br />(1) The Telephone Consumer Protection Act
<br />JCPA), inCtUding any arniendment of or
<br />addifionto such, llaw',
<br />(2) The CAN-SPAM Act of 2003, including
<br />any amendment of or addiction to SLAch law;
<br />(3), The Fair" Credit Reporting Aict (FCRA), and
<br />any amendment of or addition to, such law,
<br />includling the Fair and Accurate Credit
<br />Transaction Act (FACTA); or
<br />(4) Any federM, stale or tocial statute,
<br />ordiriaince or regulation, other than the
<br />"i or CAN-SPAIiiiiiil Act of 20013 or FCRA
<br />and their amendments and aidditions, that
<br />addresses, prohibits car fimits, the printing,
<br />dissemination, disposal. collecting,
<br />recording, sendling, transmitting,
<br />communicating or distribution of material
<br />or information.
<br />Irnage To Premises If To You -
<br />Exception For Darnage By Fire, Lightning Or
<br />Explosion
<br />Exclusions ic through Ih. and ji through in. do, not
<br />apply to, daini by fire, l'ightninlgl or explo5ion to
<br />premises whiflle rented to your or temporarily
<br />occtipiled by you with permission of the owner, A
<br />separate hirmt of insurance apphes to this
<br />coverage, as destribed in SecAiioln III - UirniAg Of
<br />linsuraince.
<br />COVERAGE B PERSONAL AND ADVERTISING
<br />INJURY LIABILITY
<br />1. Insuring Agreement
<br />a-� We will pay those surris that, Die insured
<br />becomes legaily, obligated to pay as damages
<br />because of "personat and advertising injury"
<br />to which this insurance applies. We wilt have
<br />the right and duty to, defend the insured
<br />against any "'suit"' seeking those damages.
<br />However', we will have Inc, duty to defend the
<br />insured agahist. any ""suit"" see) ing dariniagies
<br />for "personal and advertising injury" to which
<br />this insurance does not apply.'We may, at our,
<br />discretioni, investigate ainy offense aind settle
<br />any (Jaimi or "sult"tbat may result, But:
<br />(11), The amount we will pay for dainiages is
<br />lilmitedl as described in Section IIIIII - ILiimiits,
<br />Of Insurance- ' and
<br />(2) Our right andduty to defend end when we
<br />have used up tl
<br />insurance in the pii ep ..cF RAMwagmedDMsian
<br />Jy? N,�q REVIEWED & APPROVED BY.-
<br />F04C.�" P, VX*vd
<br />RtWjanagementftalpt
<br />
|