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b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic
<br /> data.
<br /> This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic
<br /> expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of
<br /> that which is described in Paragraph (1) or(2) above.
<br /> However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily
<br /> injury".
<br /> As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used
<br /> on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks,
<br /> CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically
<br /> controlled equipment.
<br /> 23. Limited Underlying Coverage
<br /> Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage" or
<br /> "personal and advertising injury"for which:
<br /> a. an "underlying insurance" policy or policies specifically provides coverage; but
<br /> b. because of a provision within the "underlying insurance" such coverage is provided at a limit or limits of
<br /> insurance that are less than the limit(s) for the "underlying insurance" policy or policies shown on the
<br /> Schedule of Underlying Insurance Policies.
<br /> 24. Recording And Distribution Of Material Or Information In Violation Of Law
<br /> Any injury, damage, loss, cost or expense, including but not limited to "bodily injury", "property damage", or
<br /> "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is
<br /> alleged to violate:
<br /> a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
<br /> b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law;
<br /> c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and
<br /> Accurate Credit Transaction Act (FACTA); or
<br /> d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or
<br /> FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination,
<br /> disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
<br /> SECTION II - INVESTIGATION, DEFENSE, SETTLEMENT
<br /> A. With respect to "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies
<br /> (whether or not the "self-insured retention" applies) and
<br /> 1. For which no coverage is provided under any "underlying insurance"; or
<br /> 2. For which the underlying limits of any "underlying insurance" policy have been exhausted solely by payments of
<br /> "damages" because of"occurrences" during the"policy period",
<br /> We:
<br /> 1. Will have the right and the duty to defend any "suit" against the "insured" seeking "damages" on account thereof,
<br /> even if such "suit" is groundless, false or fraudulent; but our right and duty to defend end when we have used up
<br /> the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this
<br /> policy;
<br /> 2. May make such investigation and settlement of any claim or"suit" as we deem expedient;
<br /> 3. Will pay all expenses incurred by us, all court costs taxed against the "insured" in any "suit" defended by us and
<br /> all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before
<br /> we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable
<br /> limit of insurance. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert
<br /> fees, or any other expenses of a party taxed to the insured;
<br /> 4. Will pay all premiums on appeal bonds required in any such "suit", premiums on bonds to release attachments in
<br /> any such "suit"for an amount not in excess of the applicable limit of insurance, and the cost of bail bonds required
<br /> of the "insured" because of an accident or traffic law violation arising out of the operation of any vehicle to which
<br /> this policy applies, but we will have no obligation to apply for or furnish any such bonds;
<br /> 5. Will pay all reasonable expenses incurred by the "insured" at our request in assisting us in the investigation or
<br /> defense of any claim or"suit", including actual loss of earnings not to exceed $500 per day per"insured";
<br /> and the amounts so incurred, except settlement of claims and "suits," are not subject to the "self-insured retention"
<br /> and are payable in addition to any applicable limit of insurance.
<br /> The "Insured" agrees to reimburse us promptly for amounts paid in settlement of claims or "suits" to the extent that
<br /> Page 6 of 14 Form XL 00 03 09 16
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