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2. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or <br />from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, <br />drives, cells, data processing devices or any other media which are used with electronically controlled <br />equipment. <br />3. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement <br />or satisfaction of a claim because of injury or offense, after making proper deductions for all recoveries and <br />salvage. However: <br />a. Under Coverage A: <br />(1) Loss also includes defense expenses and supplementary payments if underlying insurance includes <br />defense expenses and supplementary payments in the Limits of Insurance; and <br />(2) Loss does not include defense expenses and supplementary payments if underlying insurance does <br />not include defense expenses and supplementary payments in the Limits of Insurance. <br />b. Under Coverage B., loss does not include defense expenses and supplementary payments. <br />4. Other insurance means a policy of insurance providing cc <br />insurance includes any type of self-insurance or other mechar <br />of legal liabilities. <br />Other insurance does not include underlying insurance or a <br />excess of this policy providing coverage that this policy also pro <br />S. Pollutants mean any man-made or naturally occurring solid, lir <br />including but not limited to: smoke; vapor; soot; fumes; acids; <br />materials to be recycled, reconditioned or reclaimed. <br />6. Suit means a civil proceeding in which injuries or damages4a whit <br />includes: <br />a. An arbitration proceeding in which such <br />pursuant to law or contract or does submit <br />b. Any other alternative dispute resolution pr <br />insured submits with our consent. <br />7. Underlying insurance means the <br />forming a part of this policy.:: UUeia <br />Schedule of Underlvino.liisiiiaiicii: <br />also provides. Other <br />�d arranges for funding <br />of insurance specifically;purchased to be <br />ik.ws or thermal irataht or contaminant, <br />>; cji (picals and waste. Waste includes <br />this insuirande applies are alleged. Suit <br />:andto which the insured must submit <br />onsent; or <br />in which such damages are claimed and to which the <br />of insurance listed in the Schedule of Underlying Insurance <br />r amounts in excess of the Limits of Insurance shown in the <br />B. The following defrnitions:are applicable to CO.0 a A onl�i:" <br />1. Hostile fire mea9S one which becomes -66I ..Gntrollabie or breaks out from where it was intended to be. <br />2. Insured means::::::::: <br />a. You; <br />b. Any person or orgaiiiiation included as an insured in underlying insurance; and <br />C. Any person or organizati.on:gtralifying as an additional insured in underlying insurance but only to the <br />same extent that such person or organization is an additional insured under such underlying insurance. <br />3. Non -Admitted Jurisdiction means: <br />a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where <br />doing so would violate the insurance laws and regulations of such jurisdiction; or <br />b. Any country or political subdivision where we are prevented by law from investigatin�.%Lding o ettling <br />an occurrence or suit. eSye�� <br />4. Occurrence means a covered event as defined in underlying insurance. e�� �5 <br />5. Qualified Entity means any entity, person or organization that is not an insuQred under �cw4'�1d would <br />qualify as an insured under this policy, but for the fact that the entity is registered, d \cc�as ongoing <br />operations in a non -admitted jurisdiction. <br />U-UMB-103-C CW(03/10) <br />Page 10 of 19 <br />