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Employee Retirement Income Security Act of 1974 and any amendments thereof; this exclusion does not apply to the usual and customary legal services performed in connection with such capacities or laws on behalf of any person or entity not defined as an Insured; D. Arising out of the Insured's services and/or capacity as; 1. an officer, director, partner, trustee, or employee of: (a) a charitable organization; (b) a pension,welfare, profit sharing or mutual fund; (c) an investment fund or investment trust; 2. a public official, or an employee of a governmental body, subdivision, or agency; or 3. a fiduciary under the Employee Retirement Income Security Act of 1974 and its amendments or any regulation or order issued pursuant thereto, except if an Insured is deemed to be a fiduciary solely by reason of legal advice rendered with respect to an employee benefit plan; 4. a trustee, administrator, conservator, executor, guardian, receiver or similar fiduciary capacity when any Insured is a beneficiary or distributee of any trust or estate serviced and the fee accruing from such work inures to the benefit of any Insured. E. For bodily injury, sickness, disease or death of any person, or injury to or destruction of any tangible property or loss of use resulting therefrom; F. Arising out of notarized certification or acknowledgment of a signature without the physical appearance before such notary public of the person who is or Claims to be the person signing said instrument; G. Arising out of any negligent act, error, omission or Personal Injury in the rendering of or failure to render Professional Services performed for any organization, corporation, company, partnership, or operation (other than the Named Insured, Predecessor in Business or Successor in Business) while any Insured or their spouse has more than 10% equity position in such entity; H. Made by an Insured under this policy against any other Insured under this policy, unless such Claim arises solely out of Professional Services performed for that party in a lawyer- client capacity; I. Solely as respects Personal Injury: 1. the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the Insured; 2. libel or slander or the publication or utterance of defamatory or disparaging material concerning any person or organization or goods, products or services„ or in violation of an individual's right of privacy, made by or at the direction of the Insured with the Insured's knowledge of the falsity thereof; 3. failure of performance of contract, but this exclusion does unauthorized appropriation of ideas based upon alleged breach c a poF.Ne4 RieleMnmagemenkDiv�lfln r t?A RkmEwm&Amovm 9Y: 05 LPL0002 05 04 17 Risk Management Specialist