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ii. there are inconsistent statements within differ-
<br /> ent branches or agencies of that governing
<br /> body(including intelligence, law enforcement,
<br /> or military services) as to whom the action is
<br /> attributable to.
<br /> However, if:
<br /> A. a governing body has not attributed any such
<br /> action to a "state", or any person, group, as-
<br /> sociation, or entity acting on the "state's", be-
<br /> half; and
<br /> B. there is at least one "media report" or a cy-
<br /> bersecurity forensic film report indicating that
<br /> such action is attributed to a "state" or any
<br /> person,group,association, or entity acting on
<br /> the "state's" behalf,
<br /> then we will not pay any damages for "bodily in-
<br /> jury", "property damage",or"personal and adver-
<br /> tising injury" resulting from any actions listed in
<br /> parts a. through c. above until any governing
<br /> body attributes such action to a"state"or any per-
<br /> son, group, association, or entity acting on the
<br /> "state's" behalf.
<br /> If a governing body does not attribute such action
<br /> to a "state" or any person, group, association, or
<br /> entity acting on the "state's" behalf, or declares it
<br /> is unable to do so,then a"media report"or cyber-
<br /> security forensic firm report will be conclusive ev-
<br /> idence that the act was committed by, or on be-
<br /> half of, a "state".
<br /> For purposes of this definition, "media report"
<br /> means an article published by the Associated
<br /> Press, Reuters,Wall Street Journal, or the British
<br /> Broadcasting Corporation.
<br /> For purposes of this definition, "state" means a
<br /> sovereign state, state-like entity, quasi-state,
<br /> proto-state, or a state sponsored actor or group.
<br /> 2. "NCBR malicious act" means an act or series of
<br /> acts that harms another person or damages prop-
<br /> erty through the physical release or dispersal of
<br /> "nuclear, chemical, biological, or radiological
<br /> agents or materials", which is carried out by any
<br /> person or group of persons,whether acting alone,
<br /> on behalf of, or in connection with any organiza-
<br /> tion.
<br /> 3. "Nuclear, chemical, biological, or radiological
<br /> agents or materials"means:
<br /> a. nuclear reaction, nuclear radiation or radioac-
<br /> tive particles, whether released or dispersed
<br /> by nuclear or conventional devices;
<br /> b. any chemical compound; or
<br /> c. any pathogen,
<br /> in sufficient concentration to cause harm to peo-
<br /> ple or damage to property.
<br /> g oRx .P Risk Management Division
<br /> EWED
<br /> :=; A REVI &APPROVED BY: 2,4
<br /> '.. rt '' A Aczv ;a
<br /> CGL E2227 CW (03/23) �' Risk Management Specialist
<br /> Includes copyrighted material of Insurance Services Office, I/.,
<br /> with its permission.
<br />
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