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PI -FW -002 (03/09) <br />c. Improper Fees, Dues and Expenses <br />"Bodily injury," "property damage" and "personal and advertising injury" based upon or arising <br />out of, in whole or in part, improper fees, dues, and expenses incurred or charged by an <br />insured. <br />d. Communicable Disease <br />(1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of any <br />"communicable disease," including but not limited to the following: <br />(a) Acquired Immune Deficiency Syndrome (AIDS); <br />(b) Human Immunodeficiency Virus (HIV); or <br />(c) Hepatitis. <br />(2) This exclusion applies even if such damages arise or are alleged to arise as a result of <br />the insureds' negligent hiring, placement, training, supervision, act, error or omission or <br />alleged sexual and /or physical abuse. <br />(3) For purposes of this exclusion, "communicable disease" means an infectious disease <br />transmittable from person to person by direct contact with an affected person or that <br />person's discharges or body fluids. <br />e. Fungi or Bacteria <br />(1) "Bodily injury," "property damage" or "personal and advertising injury" caused directly or <br />indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, <br />exposure to, existence of, or presence of any: <br />(a) "Fungi," "spores," or bacteria; or <br />(b) Substance, vapor or gas produced by or Substance, vapor or gas produced by oror <br />arising out of any "fungi," "spores" or bacteria. <br />(2) Loss, costs or expenses arising out of the abating, testing for, monitoring, cleaning up, <br />removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in <br />any way responding to, or assessing the effects of, "fungi," "spores" or bacteria, by any <br />insured or by any other person or entity. <br />(3) For the purposes of this exclusion, the following definitions are added: <br />(a) "Fungi" means any type or form of fungus, including mold or mildew and any <br />mycotoxins, "spores," scents or byproducts produced or released by "fungi." <br />(b) "Spores" means reproductive bodies produced by or arising out of "fungi." <br />This exclusion does not apply to any "fungi," "spores" or bacteria that are on, or are <br />contained in, an edible good or edible product intended for human or animal <br />consumption. <br />Page 2 of 2 <br />