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Page 9 of 20 <br /> agreement executed before the First Party Claim or Claim was first made; or <br /> 9. any entity newly formed or acquired by the Named Insured during the Policy Period in which the <br /> Named Insured has more than 50% legal or beneficial interest and over which the Named Insured <br /> exercises management or financial control and has agreed in writing to provide insurance for such <br /> entity prior to the First Party Claim or Claim being made. However: <br /> a. coverage will only be provided for First Party Claims or Claims arising out of Professional <br /> Services, Contractor Activities, Media Activities or Information Technology Services <br /> performed on or after the date of formation, acquisition, or exercised financial or management <br /> control; and <br /> b. this coverage will expire within 90 days for such entity, or the end of the Policy Period,whichever <br /> is earlier, unless the Named Insured provides written details of such newly acquired entity to us <br /> and pays the additional premium requested by us, if any. <br /> P. Insured Contract means: <br /> 1. a contract for a lease of premises. However, that portion of the contract for a lease of premises that <br /> indemnifies any person or organization for damage by fire to premises while rented to you, or <br /> temporarily occupied by you,with permission of the owner is not an Insured Contract; or <br /> 2. a sidetrack agreement; or <br /> 3. any easement or license agreement; or <br /> 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for <br /> a municipality; or <br /> 5. an elevator maintenance agreement; or <br /> 6. that part of any other contract or agreement pertaining to your business (including an indemnification <br /> of a municipality in connection with work performed for a municipality) under which you assume the <br /> tort liability of another party to pay for Bodily Injury, Property Damage, or Pollution Loss to a third <br /> party or organization. This section does not include that part of any contract or agreement that <br /> indemnifies an architect,engineer, or surveyor for injury or damage arising out of: <br /> a. Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, <br /> change orders, designs or specifications; or <br /> b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or <br /> damage. <br /> For the purpose of this section, tort liability means only that liability that would be imposed by law in <br /> the absence of any contract or agreement. Any assumption of liability beyond that of tort liability <br /> specified in this Paragraph 6. shall not be considered to be part of the Insured Contract. <br /> Q. Loss means Protective Loss, Third Party Loss, Mitigation Cost and any other amount to which you are <br /> entitled under any of the insuring agreements described in the Supplemental Coverages Section of this <br /> Policy. <br /> R. Media Activities means Media Communications or the gathering, collection, or recording of Media <br /> Material for inclusion in any Media Communications in the ordinary course of your business. <br /> S. Media and Personal Injury Claim means a written demand, demand for arbitration or mediation, or suit, <br /> made against you seeking money or services due to a Media and Personal Injury Offense. <br /> T. Media and Personal Injury Offense means: <br /> 1. Infringement of copyright, piracy, plagiarism or misappropriation or unauthorized use of ideas shared <br /> with you in the course of services for your client; \ <br /> ,,,�-s€o Risk MsutagerttmtDtvisk n <br /> 2. Infringement of trade secrets, domain name, title or slogan, or the dilution or i o� REVIEWED&APPROVIDBY: <br /> Risk Management Specialist <br /> Policy Form: PERFORM-10002(11-20) / \ <br />