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5. a client that the named insured is required, in a written contract to perform enterprise services, to add as an additional insured under this policy. But the client is insured under this policy only if: a. the wrongful acts were committed by the named insured in the named insured's performance of enterprise services; b. the written contract is entered before the wrongful act giving rise to the claim is committed; and c. there are no allegations of independent misconduct by the client. 6. any member or stockholder of the named insured; but this only applies with respect to their liability as a member or stockholder; or 7. the executors, administrators or legal representatives of each of you listed in items 1 through 6 above in the event of your death, incapacity or bankruptcy; but this only applies while performing their duties as such. Section III — Exclusions A. We will not pay damages, first party expenses, or claim expenses or defend any of you for any wrongful act or claim arising out of or in any way related to any actual or alleged: 1. bodily injury, sickness, disease or death sustained by a person; or mental anguish, emotional distress, mental injury, fright or shock when they result in or from bodily injury, sickness, disease or death; 2. physical damage to or physical loss of tangible property and any resulting loss, corruption or destruction of data or information, including all resulting loss of use of that property, data or information. However, this exclusion will not apply to: a. the loss, corruption or destruction of data or information when the tangible property on which the data or information is or was kept is not physically damaged or physically lost; and b. that portion of a claim due to a data privacy wrongful act as a result of the loss of the named insured's leased or owned computer hardware, including mobile, networked, and data storage equipment; 3. obligation which any of you may have to pay under any workers' compensation act, employer's liability law, unemployment compensation law, disability benefits law, or any similar law; or any foreign equivalent; 4. disruption of, surge in, fluctuation in or loss of: power, connectivity or communications. However, this exclusion will not apply to any of the foregoing when directly caused by a wrongful act committed by any of you; 5. withdrawal or recall of all or part of enterprise services from the marketplace. However, this exclusion will not apply to claims by third parties for the loss of use resulting from withdrawal or recall of enterprise services due to a wrongful act committed by any of you; 6. cost: overruns, guarantees, estimates or estimates being exceeded; 7. false, deceptive, fraudulent, intentionally misleading or misrepresenting statements in advertising; 8. sweepstakes, lotteries or other games of chance; or contests; 9. price fixing, or any other violation of: any securities, antitrust or restraint of trade laws, the Racketeer Influenced and Corrupt Organizations Act; any similar law; or any foreign equivalent; 10. Section 616 of the Fair Credit Reporting Act; any actual or alleged violation of Section 605(g) of the Fair Credit Reporting Act; 11. false, deceptive, or unfair business or trade practices; unfair competition; or violation of consumer protection laws, any similar law, or any foreign equivalent. However, this exclusion will not apply to that portion of a claim alleging the violation of a data privacy law; 12. violation or misuse of any intellectual property right, including but not limited to: FS 00 0003 00 1016 FailSafe GIGA° Release 4.0 Page 12 of 20 2-50002 ©2016, The Hartford