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r: <br />Y <br />fJ <br />111. 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 Insuredk 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 servi ce name. <br />S. 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 out 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, detoxlfy 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 o1`6 <br />