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POLICY NUMBER: 10 ueA HF 1471 <br />discretion, investigate any offense and settle <br />use another's "advertising idea" in your <br />any claim or "suit" that may result. But: <br />"advertisement". <br />(1) The amount we will pay for damages is <br />g. Quality Or Performance Of Goods — <br />limited as described in Section III — Limits <br />Failure To Conform To Statements <br />Of Insurance; and <br />"Personal and advertising injury" arising out of <br />(2) Our right and duty to defend end when we <br />the failure of goods, products or services to <br />have used up the applicable limit of <br />conform with any statement of quality or <br />insurance in the payment of judgments or <br />performance made in your "advertisement". <br />settlements under Coverages A or B or <br />h. Wrong Description Of Prices <br />medical expenses under Coverage C. <br />"Personal and advertising injury" arising out of <br />No other obligation or liability to pay sums or <br />the wrong description of the price of goods, <br />perform acts or services is covered unless <br />products or services. <br />explicitly provided for under Supplementary <br />t. Infringement Of Intellectual Property <br />Payments — Coverages A and B. <br />Rights <br />b. <br />This insurance applies to "personal and <br />(1) "Personal and advertising injury" arising <br />advertising injury" caused by an offense <br />out of any actual or alleged infringement <br />arising out of your business but only if the <br />"coverage <br />or violation of any intellectual property <br />offense was committed in the <br />rights such as copyright, patent, <br />territory' during the policy period. <br />trademark, trade name, trade secret, trade <br />2. Exclusions <br />dress, service mark or other designation <br />This insurance does not apply to: <br />of origin or authenticity; or <br />a. <br />Knowing Violation Of Rights Of Another <br />(2) Any injury or damage alleged in any clam <br />"Personal and advertising injury" arising out of <br />or "suit" that also alleges an infringement <br />an offense committed by, at the direction or <br />or violation of any intellectual property <br />with the consent or acquiescence of the <br />right, whether such allegation of <br />insured with the expectation of inflicting <br />infringement or violation is made by you or <br />"personal and advertising injury'. <br />by any other party involved in the claim or <br />"suit", regardless o whether this <br />b. <br />Material Published With Knowledge Of <br />g <br />se apply. <br />insurance would otherwise <br />Falsity <br />However, this exclusion does not apply if the <br />"Personal and advertising injury" arising out of <br />only allegation in the claim or "suit" involving <br />oral, written or electronic publication, in any <br />any intellectual property right is limited to: <br />manner, of material, if done by or at the <br />direction of the insured with knowledge of its <br />ringement, in your "advertisement", of: <br />(1) Infringement, <br />falsity. <br />(a) Copyright; <br />c. <br />Material Published Prior To Policy Period <br />(b) Slogan; or <br />"Personal and advertising injury' arising out of <br />(c) Title of any literary or artistic work; or <br />oral, written or electronic publication, in any <br />(2) Copying, in your "advertisement", a <br />manner, of material whose first publication <br />person's or organization's "advertising <br />took place before the beginning of the policy <br />idea" or style of "advertisement". <br />period. <br />j. Insureds In Media And Internet Type <br />d. <br />Criminal Acts <br />Businesses <br />"Personal and advertising injury" arising out of <br />"Personal and advertising injury" committed <br />a criminal act committed by or at the direction <br />by an insured whose business is: <br />of the insured. <br />(1) Advertising, broadcasting, publishing or <br />e. <br />Contractual Liability <br />telecasting; <br />"Personal and advertising injury" for which the <br />(2) Designing or determining content of web <br />insured has assumed liability in a contract or <br />sites for others; or <br />agreement. This exclusion does not apply to <br />(3) An Internet search, access, content or <br />liability for damages that the insured would <br />service provider. <br />have in the absence of the contract or <br />agreement. <br />However, this exclusion <br />rinac not nnniv to <br />f. <br />Breach Of Contract <br />Paragraphs a., b. ai <br />"personal and adve <br />RIAMuuganmeixvie on <br />"Personal and advertising injury" arising out of a <br />Definitions Section. <br />liiim�ygppr,�Eir <br />a <br />breach of contract, except an implied contract to <br />Risk Management Spedaist <br />HG 00 01 09 16 Page 7 of 21 <br />