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t9T� <br /> HISCOX <br /> 2. the defense of any criminal investigation, criminal grand jury proceeding, or <br /> criminal action. <br /> E. Damages means a monetary judgment or monetary award that You are legally <br /> obligated to pay (including pre- or post-judgment interest) or a monetary settlement <br /> negotiated by Us with Your consent. <br /> Damages shall not mean and We shall not be obligated to pay: <br /> 1. fines, penalties, taxes, sanctions levied against You; <br /> 2. any punitive or exemplary damages or that portion of any multiplied damages <br /> award which exceeds the damage award so multiplied, provided, however, that, <br /> if such damages are otherwise insurable under applicable law and regulation, <br /> We will pay an award of punitive or exemplary damages in excess of the <br /> Deductible and up to a maximum sum of$250,000. This limit shall be a part of <br /> and not in addition to the Limit of Liability set forth in Items 3. of the <br /> Declarations; <br /> 3. the return, reduction or restitution of Your fees, commissions, profits, or charges <br /> for goods provided or services rendered, including any over-charges or cost <br /> over-runs; <br /> 4. liquidated damages; or <br /> 5. Your cost of complying with injunctive relief. <br /> F. Effective Control means: <br /> 1. ownership of more than 50% of the issued and outstanding voting securities; or <br /> 2. having the right pursuant to written contract, by-laws, charter, operating <br /> agreement or similar documents to elect, appoint or designate a majority of the <br /> board of directors, management committee members of a partnership or the <br /> members of the management board of a limited liability company (or equivalent <br /> management structure). <br /> G. Employee means any past, present or future: <br /> 1. employee (including any part-time, seasonal or temporary employee or any <br /> volunteer); <br /> 2. partner, director, officer, member or board member(or equivalent position); <br /> 3. independent contractor; or <br /> 4. leased worker; <br /> of an Organization, but only in their performance of Professional Services on <br /> behalf of or at the direction of such Organization. <br /> H. Insured means You or Your. <br /> I. Named Insured means the individual, corporation, partnership, limited liability <br /> company, limited partnership, or other entity set forth in Item 1 of the Declarations. <br /> J. Optional Extended Reporting Period means any applicable Optional Extended <br /> Reporting Period contemplated by the OPTIONAL EXTENDED REPORTING <br /> PERIOD Clause. Risk Man genentDMsinn <br /> a; <br /> 47 ‘ REVIEWED&APPROVED BY: <br /> 12 `'��A '1 ti4siZe Aav4 <br /> DPL P001 Cw(05/13) 11231:621=1' Risk Management Specialist <br />