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CNA CNA Paramount Excess and Umbrella Liability <br />Policy <br />the Insurer pays in relation to the total amount of the judgment. <br />D. all reasonable expenses incurred by a natural person Insured at the Insurer's request to assist the <br />Insurer in the investigation or defense of the claim. This includes such Insured's actual loss of earnings <br />up to $750 per day, because of time off from work. <br />E. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' <br />fees or attorneys' expenses taxed against the Insured. <br />Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or <br />from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, <br />drives, cells, data processing devices or any other media which are used with electronically controlled <br />equipment. <br />Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. <br />Executive Officer means any natural person holding any of the following positions created by the Named <br />Insured's charter, constitution, bylaws or any other similar governing document: <br />A. director, officer, trustee or governor of a corporation; <br />B. management committee member of a joint venture; <br />C. partner of a partnership; <br />D. manager of a limited liability company; and <br />E. trustee of a trust. <br />An executive officer is not an employee. <br />First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this <br />Policy. <br />Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, <br />and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, <br />released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi <br />intended by the Insured for human consumption. <br />Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. <br />Impaired property means tangible property, other than your product or your work that cannot be used or is less <br />useful because: <br />A. it incorporates your product or your work that is known or thought to be defective, deficient, <br />inadequate or dangerous; or <br />B. the Named Insured has failed to fulfill the terms of a contract or agreement, <br />if such property can be restored to use by the repair, replacement, adjustment or removal of your product <br />or your work; or the Named Insured's fulfilling the terms of the contract or agreement. <br />Incident means: <br />A. with respect to Coverage A - Excess Follow Form Liability, a covered event as defined in applicable <br />underlying insurance; <br />B. solely with respect to Coverage B - Umbrella Liability: <br />1. with respect to bodily injury and property damage, incident means an occurrence; or <br />C. 2. with respect to personal and advertising injury, incident means an offense that gives rise to such <br />personal and advertising injury. <br />Form No: CNA75504XX (03-2015) Pc <br />Policy Page: 25 of 32 P( <br />Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Pc <br />Copyright CNA All Rights Reserved. <br />�oRaN <br />Risk Mwag mendDiAsian <br />REVIEWED & APPROVED BY. - <br />Risk Management Analyst <br />