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EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM THE HARTFORD 4. disclosing or threatening to disclose alleged violations of law to a superior or to any governmental agency; or 5. filing any whistle blower claim against any "insured" under the federal False Claims Act, the Sarbanes-Oxley Act of 2002, or any similar law. CC."Stock benefits" means any offering, plan or agreement between an "insured entity" and any "employee" that grants stock, stock options or stock appreciation rights in the "insured entity" to such person, including, without limitation, restricted stock or any other stock grant. "Stock benefits" shall not include employee stock ownership plans or employee stock purchase plans. DID. "Subsidiary" means any: 1. corporation in which and so long as the "named insured" owns or controls, directly or indirectly, more than 50% of the outstanding securities representing the right to vote for the election of the board of directors of such corporation; 2. limited liability company in which and so long as the "named insured" owns or controls, directly or indirectly, the right to elect, appoint or designate more than 50% of such entity's managing members; 3. a "controlled partnership"; 4. corporation operated as a joint venture in which and so long as the "named insured" owns or controls, directly or indirectly, exactly 50% of the issued and outstanding voting stock and which, pursuant to a written agreement with the owner(s) of the remaining issued and outstanding voting stock of such corporation, the "named insured" solely controls the management and operation of such corporation; or 5. foundation, charitable trust or political action committee in which and so long as such entity or organization is controlled by the "named insured" or any "subsidiary" as defined in 1. through 4. above. EE. "Wage and hour violation" means any actual or alleged violation of the duties and responsibilities that are imposed upon an "insured" by any federal, state or local law or regulation anywhere in the world, including but not limited to the Fair Labor Standards Act or any similar law (except the Equal Pay Act), which govern wage, hour and payroll practices. Such practices include but are not limited to: 1. the calculation and payment of wages, overtime wages, minimum wages and prevailing wage rates; 2. the calculation and payments of benefits; 3. the classification of any person or organization for wage and hour purposes; 4. reimbursing business expenses; 5. the use of child labor; or 6. garnishments, withholdings and other deductions from wages. FF. "Wrongful act" means any actual or alleged "employment practices wrongful act". SECTION III - EXCLUSIONS A. We shall not pay "Loss": 1. for bodily injury, sickness, disease, death, false arrest or imprisonment, abuse of process, malicious prosecution, trespass, nuisance or wrongful entry or eviction, or for injury to or destruction of any tangible property including loss of use or diminution of value thereof; provided, however, that this exclusion shall not apply to that portion of "loss" that directly results from mental anguish or emotional distress when alleged in connection with an otherwise covered "employment practices wrongful act"; 2. for any actual or alleged "wrongful act" by "insured persons" of any "subsidiary" in their capacities as such, or by any "subsidiary", if such "wrongful act" actually or allegedly occurred when such entity was not a "subsidiary"; 3. in connection with any "claim" based upon, arising from, or in any way related to any: a. prior or pending demand, suit, or proceeding against any "insured" as of, or b. audit initiated by the United States Office of Federal Contract Compliance Programs before, eGF �D Form SL 55 02 10 18 ��/ 1°x REVIEWED & APPROVED BY.- © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its 1— -- P r skPjanagementAnalpt