Page 10 of 20
<br /> or service mark;
<br /> 3. act, error or omission regarding the Content of any Media Communication, including harm caused
<br /> through any reliance or failure to rely upon such Content;
<br /> 4. Misappropriation of trade secret;
<br /> 5. Defamation, libel, slander, product disparagement, trade libel, or other tort related to disparagement or
<br /> harm to the reputation or character of any person or organization;
<br /> 6. Invasion or interference with the right to privacy or of publicity;
<br /> 7. Misappropriation of any name or likeness for commercial advantage;
<br /> 8. False arrest, detention or imprisonment or malicious prosecution; or
<br /> 9. Invasion of or interference with any right to private occupancy, including trespass, wrongful entry,
<br /> eviction or eavesdropping.
<br /> U. Media Communications means the display, broadcast, dissemination, distribution or release of Media
<br /> Material to the public by you.
<br /> V. Media Material means information in the form of words, sounds, numbers, images or graphics in
<br /> electronic, print or broadcast form, including Advertising, but does not mean computer software or
<br /> Content.
<br /> W. Mediation means the non-binding facilitation by a neutral third party of First Party Claim or Claim
<br /> resolution.
<br /> X. Mitigation Cost means reasonable and necessary fees or direct costs incurred to mitigate or rectify
<br /> Professional Services, Contractor Activities, Media Activities or Information Technology Services
<br /> that would reasonably be expected to give rise to a Claim covered by this Policy, provided such fees and
<br /> direct costs are incurred prior to any Claim. In the event of a Cyber Security Breach, Mitigation Costs
<br /> include costs we incur to engage a qualified firm on your behalf to:
<br /> 1. investigate the Cyber Security Breach;
<br /> 2. notify any parties affected by the Cyber Security Breach;
<br /> 3. perform credit monitoring service for your clients' individual personal data or your clients' corporate
<br /> data lost because of the Cyber Security Breach; and
<br /> 4. restore or recreate,if possible,any of your clients'lost data caused by the Cyber Security Breach.
<br /> Your fees or direct costs may be treated as Mitigation Cost only with our prior written consent, which
<br /> consent shall not be unreasonably withheld. Mitigation Cost does not include any fees or direct costs
<br /> relating to or resulting from Emergency Expense; betterment; or the failure to prevent or detect faulty
<br /> workmanship.
<br /> Y. Named Insured means the individual, partnership, entity, firm, or the company named in Item 1. of the
<br /> Declarations.
<br /> Z. Natural Resource Damage means physical injury to or destruction of(including the resulting loss of value)
<br /> land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources
<br /> belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States
<br /> (including the resources of the fishery conservation zone established by Magnuson-Stevens Fishery
<br /> Conservation and Management Act (16 U.S.C. § 1801 et. seq.)), any State or Local government, any
<br /> Foreign government, any Native American tribe or, if such resources are subject to a trust restriction on
<br /> alienation, any member of a Native American tribe.
<br /> AA.Non-Owned Location means: a 9 c RiskManagemeitDiviaion
<br /> \ REVIEWED&APPROVED BY:
<br /> , 4� Risk Management Specialist t,
<br /> Policy Form: PERFORM-10002(11-20)
<br />
|