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public relations expenses or any other loss, <br />assess the effects of an "asbestos <br />cost or expense incurred by you or others <br />hazard"; or <br />arising out of that which is described in <br />(c) Arise out of any claim or suit for <br />Paragraph (1) or (2) above. <br />damages because of testing for, <br />However, unless Paragraph (1) above <br />monitoring, cleaning up, removing, <br />applies, this exclusion does not apply to <br />encapsulating, containing, treating, <br />damages because of "bodily injury". <br />detoxifying or neutralizing or in any <br />As used in this exclusion, electronic data <br />way responding to or assessing the <br />means information, facts or programs stored <br />effects of an "asbestos hazard". <br />as or on, created or used on, or transmitted to <br />s. Recording And Distribution Of Material Or <br />or from computer software, including systems <br />Information In Violation Of Law <br />and applications software, hard or floppy <br />'Bodily injury" or "property damage" arising <br />disks, CD-ROMS, tapes, drives, cells, data <br />directly or indirectly out of any action or <br />processing devices or any other media which <br />omission that violates or is alleged to violate: <br />are used with electronically controlled <br />equipment. <br />(i) The Telephone Consumer Protection Act <br />(TCPA), including any amendment of or <br />q. Employment -Related Practices <br />addition to such law; <br />"Bodily injury" to: <br />(2) The CAN-SPAM Act of 2003, including <br />(1) A person arising out of any "employment— <br />any amendment of or addition to such law; <br />related practices"; or <br />(3) The Fair Credit Reporting Act (FORA), and <br />(2) The spouse, child, parent, brother or sister <br />any amendment of or addition to such law, <br />of that person as a consequence of "bodily <br />including the Fair and Accurate Credit <br />injury" to that person at whom any <br />Transaction Act (FACTA); or <br />"employment -related practices" are <br />(4) Any federal, state or local statute, <br />directed. <br />ordinance or regulation, other than the <br />This exclusion applies: <br />TCPA or CAN-SPAM Act of 2003 or FCRA <br />(1) Whether the injury -causing event <br />and their amendments and additions, that <br />described in the definition of "employment- <br />addresses, prohibits or limits the printing, <br />related practices" occurs before <br />dissemination, disposal, collecting, <br />employment, during employment or after <br />recording, sending, transmitting, <br />employment of that person; <br />communicating or distribution of material <br />(2) Whether the insured may be liable as an <br />or information. <br />employer or in any other capacity; and <br />Damage To Premises Rented To You — <br />Exception For Damage By Fire, Lightning Or <br />(3) To any obligation to share damages with <br />Explosion <br />or repay someone else who must pay <br />damages because of the injury. <br />Exclusions c. through h. and j. through n. do not <br />Asbestos <br />apply to damage by fire, lightning or explosion to <br />r. <br />premises while rented to you or temporarily <br />(1) 'Bodily injury" or "property damage" <br />occupied by you with permission of the owner. A <br />arising out of the "asbestos hazard". <br />separate limit of insurance applies to this <br />(2) Any damages, judgments, settlements, <br />coverage as described in Section III — Limits Of <br />loss, costs or expenses that: <br />Insurance. <br />(a) May be awarded or incurred by reason <br />COVERAGE B PERSONAL AND ADVERTISING <br />of any claim or suit alleging actual or <br />INJURY LIABILITY <br />threatened injury or damage of any <br />1. Insuring Agreement <br />nature or kind to persons or property <br />a. We will pay those sums that the insured <br />which would not have occurred in <br />"asbestos <br />becomes legally obligated to pay as damages <br />whole or in part but for the <br />because of "personal and advertising injury" <br />hazard"; <br />to which this insurance applies. We will have <br />(b) Arise out of any request, demand, <br />the right and duty to defend the insured <br />order or statutory or regulatory <br />against any "suit" seeking those damages. <br />requirement that any insured or others <br />However, we will have no duty to defend the <br />test for, monitor, clean up, remove, <br />insured against any "suit" seeking damages <br />encapsulate, contain, treat, detoxify or <br />for "personal and advertising injury" to which <br />neutralize or in any way respond to or <br />this insurance does n <br />pis, <br />REVIEWED&APPROVED BY. <br />Page 6 of 21 <br />Risk Management Analyst <br />