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<br /> others assumed under an Insured Contract. This Exclusion shall not apply to that portion of a contract
<br /> that sets forth the Insured's participation in a legal entity that is insured under Definition 0.4. of this Policy.
<br /> H. any fraudulent, criminal, dishonest, intentionally or knowingly wrongful, or malicious act, error, or omission, or those of
<br /> an inherently harmful nature, except that this Exclusion shall not apply to a Claim against you if you did not commit,
<br /> participate in, or have knowledge of such conduct.
<br /> I. taxes; criminal fines; criminal penalties; or liability for liquidated damages you or the Responsible Entity
<br /> would not have had in the absence of the agreement for liquidated damages.
<br /> J. any return, withdrawal or reduction in contractor charges; any equitable obligation, including restitution,
<br /> disgorgement, or the costs of complying with injunctive relief; or the time and expense in addressing or
<br /> resolving an actual or potential First Party Claim or Claim.
<br /> K. any conduct by an individual, corporation, partnership, or joint venture of which you are a partner, director,
<br /> officer, member, participant, or employee that is not designated in the Declarations or by endorsement as
<br /> an Insured. This Exclusion shall not apply to conduct by an entity for which the Insured's participation is
<br /> insured under Definition 0.4. of this Policy.
<br /> L. First Party Claims or Claims made by any Insured against any other Insured. However, this Exclusion
<br /> shall not apply as respects Claims made by any entity or person only qualifying as an Insured under
<br /> Paragraph 5. of the Definition of Insured in this Policy.
<br /> M. Claims against you made by, or Protective Claims by you made against, any individual or entity, or its subrogees or
<br /> assignees:
<br /> 1. that wholly or partially owns, controls or operates you; or
<br /> 2. in which you have an ownership interest in excess of twenty-five percent(25%); or
<br /> 3. that is controlled or operated by you; or
<br /> 4. in which you are an officer or director; or
<br /> 5. that is an affiliate of you, where you both are ultimately owned in excess of twenty-five percent (25%),
<br /> directly or indirectly, by the same entity.
<br /> With respect to Items 2., 3., and 4. above, this Exclusion shall be limited when the Claim or Protective
<br /> Claim is made by a formal joint venture partnership of which you are a participant to your percentage of
<br /> ownership interest in the joint venture, so that we shall only be responsible for that portion of Third Party
<br /> Loss or Protective Loss that is the difference between your percentage of ownership interest and the total
<br /> joint venture ownership interest percentage.
<br /> N. Bodily Injury or Property Damage arising out of construction means, methods or techniques; site safety;
<br /> crane erection, use, maintenance or operation; scaffolding; or demolition, but solely for the purposes of
<br /> Coverage B, and for the purposes of Coverages A and F with respect to obligations arising from
<br /> Professional Services.
<br /> O. any Loss caused by or resulting from war, invasion, hostilities, acts of foreign enemies, civil war, rebellion,
<br /> insurrection, military or usurped power, martial law, or confiscation by order of any government or public
<br /> authority.
<br /> P. any Protective Loss or Pollution Loss resulting from:
<br /> 1. the discovery of a Pollution Condition on, at or under the Non-Owned Location; or
<br /> 2. a Pollution Condition on, at, under or migrating from a Non-Owned Location, for which the owner of
<br /> the Non-Owned Location becomes legally obligated to pay unless such Pollution Loss results from
<br /> the performance of the activities described in Paragraphs 1. through 3. of Definition G. Contractor
<br /> Activities.
<br /> Q. for purposes of Coverages D and E, the loss, theft, destruction, transfer, misappropriation. or any misuse of
<br /> any of your employees' personal data, confidential information or other private (\
<br /> limited to social security numbers, phone numbers, family names, family hist Risk ManagemattDiviston
<br /> information. .4' � c. REVIEWED&APPROVED BY:
<br /> ai
<br /> A Amid.
<br /> um=' Risk Management Specialist i
<br /> Policy Form:PERFORM-10002(11-20) / - �'
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