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III. EXCLUSIONS
<br />This Policy does not apply to any Claim:
<br />1. based upon, arising out of directly or indirectly, or in any way involving intentional wrongdoing, fraud,
<br />dishonesty, criminal or malicious acts by the Insured if a judgment or other final adjudication
<br />adverse to the Insured establishes such an act, omission or willful violation; however, this Exclusion
<br />shall not apply to any Insured that did not commit, participate in, or have knowledge of any such
<br />conduct;
<br />2. based upon, arising out of, directly or indirectly, or in any way involving, bodily injury, sickness,
<br />disease, emotional distress, mental anguish, outrage, humiliation or death;
<br />3. based upon, arising out of, directly or indirectly, or in any way involving, injury to or destruction of any
<br />tangible property including loss of use thereof;
<br />4. based upon, arising out of, directly or indirectly, or in any way involving, based upon, arising out
<br />of, directly or indirectly, or in any way involving, false arrest, detention or imprisonment, or
<br />malicious prosecution; the publication or utterance of a libel or slander or other defamatory or
<br />disparaging material; invasion, infringement or interference with rights of privacy or publicity; wrongful
<br />entry or eviction; invasion of the right of private occupancy; infringement of copyright; plagiarism,
<br />piracy or misappropriation of ideas; or infringement of title, slogan, trademark, trade name, trade
<br />dress, service mark or service name.
<br />5. based upon, arising out of, directly or indirectly, or in any way involving, alleged discrimination,
<br />humiliation, harassment, or misconduct by the Insured because of race, creed, color, age, gender,
<br />sex, sexual preference or orientation, national origin, religion, disability, handicap, marital status, or
<br />any other class protected under federal, state, local or other law, if a judgment or other final
<br />adjudication adverse to the Insured establishes such allegations;
<br />6. by an employee, former employee, or job applicant, of the Insured;
<br />7, based upon, arising out of, directly or indirectly, or in any way involving, the gaining in fact of any
<br />personal profit or advantage to which the Insured is not legally entitled, or cut of any disputes
<br />involving the Insured's fees or charges;
<br />8. based upon, arising out of, directly or indirectly, or in any way involving, the liability of others
<br />assumed by the Insured under any contract or agreement, written or oral, unless such liability would
<br />have attached to the Insured even in the absence of such an agreement;
<br />9. based upon, arising out of, directly or indirectly, or in any way involving, the discharge, dispersal,
<br />release or escape of pollution or contamination of any kind or any governmental or regulatory
<br />directive or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize
<br />pollution or contamination of any kind;
<br />10. based upon, arising out of, directly or indirectly, or in any way involving, violations of the Employee
<br />Retirement Income Security Act of 1974, as amended, or any rules or regulations promulgated
<br />thereunder, or similar provisions of any federal, state or local statutory law or common law.
<br />IV. CLAIMS
<br />1. Notice of Claims and Potential Claims
<br />In the event of a Claim, the Insured shall as a condition precedent to the coverage afforded by this
<br />Policy:
<br />ADR (7/00)
<br />3 of 6
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