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9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 (ERISA) and any amendments thereto or any similar federal, state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act, error or omission in the administration of the Named Insured's employee benefit program. However, this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance, subject to the following: a. If the applicable underlying insurance applies such coverage on a claims-made basis: (1) This insurance applies only if: (a) The negligent act, error or omission committed in the administration of the Named Insured's employee benefit program occurs on or after the retroactive date, if any, provided by the underlying insurance and prior to the end of the policy period; and (b) The claim or suit for such negligent act, error or omission is first made in writing against any insured during: (i) The policy period; or (ii) An extended reporting period as provided by underlying insurance, subject to Paragraph (2) below. (2) Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies, extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim-made basis, this insurance applies only if the negligent act, error or omission committed in the administration of the Named Insured's employee benefit program occurs during the policy period. 12. Employer's Liability Bodily injury to: a. An employee of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply: a. To liability assumed by the insured under an insured contract; or LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission.