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if such product, work, or property is withdrawn <br />or recalled from the market or from use by any <br />person or organization because of a known or <br />suspected defect, deficiency, inadequacy or <br />dangerous condition in it. <br />o. Personal and Advertising Injury <br />"Bodily injury" arising out of "personal and <br />advertising injury". <br />p. Electronic Data <br />Damages arising out of the loss of, loss of use <br />of, damage to, corruption of, inability to access, <br />or inability to manipulate electronic data. <br />As used in this exclusion, electronic data means <br />information, facts or programs stored as or on, <br />created or used on, or transmitted to or from <br />computer software, including systems and <br />applications software, hard or floppy disks, <br />CD -ROMs, tapes, drives, cells, data processing <br />devices or any other media which are used with <br />electronically controlled equipment. <br />cl. Distribution Of Material In Violation Of <br />Statutes <br />"Bodily injury" or "property damage" arising <br />directly or indirectly out of any action or <br />-omission - that-violates-or-is-alleged-to violate: <br />(1)The Telephone Consumer Protection Act <br />(TCPA), including any amendment of or <br />addition to such law; or <br />(2)The CAN -SPAM Act of 2003, including any <br />amendment of or addition to such law: or <br />(3)Any statute, ordinance or regulation, other <br />than the TCPA or CAN -SPAM Act of 2003, <br />that prohibits or limits the sending, <br />transmitting, communicating or distribution of <br />material or information. <br />Exclusions c. through n. do not apply to damage <br />by fire to premises while rented to you or <br />temporarily occupied by you with permission of <br />the owner. A separate limit of insurance applies <br />to this coverage as described in Section III - <br />Limits Of Insurance. <br />COVERAGE B PERSONAL AND ADVERTISING <br />INJURY LIABILITY <br />1. Insuring Agreement <br />a. We will pay those sums that the insured <br />becomes legally obligated to pay as damages <br />because of "personal and advertising injury" to <br />which this insurance applies. We will have the <br />right and duty to defend the insured against any <br />"suit" seeking those damages. However, we will <br />have no duty to defend the insured against any <br />"suit" seeking damages for "personal and <br />advertising injury" to which this insurance does <br />not apply. We may, at our discretion, investigate <br />any offense and settle any claim or "suit" that <br />may result. But: <br />(1)The amount we will pay for damages is limited <br />as described in Section III - Limits of <br />Insurance; and <br />(2)Our right and duty to defend end when we <br />have used up the applicable limit of insurance <br />in the payment of judgments or settlements <br />under Coverages A or B or medical expenses <br />under Coverage C. <br />No other obligation or liability to pay sums or <br />perform acts or services is covered unless <br />explicitly provided for under Supplementary <br />Payments - Coverages A And B. <br />b. This insurance applies to "personal and <br />advertising injury" caused by an offense arising <br />out of your business but only if the offense was <br />committed in the "coverage territory" during the <br />policy period. <br />2. Exclusions <br />This insurance does not apply to: <br />a. Knowing Violation Of Rights Of Another <br />"Personal and advertising injury" caused by or at <br />the direction of the insured with the knowledge <br />that the act would violate the rights of another <br />and would inflict "personal and advertising <br />injury". <br />b. Material Published With Knowledge Of <br />Falsity <br />"Personal and advertising injury" arising out of <br />oral or written publication of material, if done by <br />or at the direction of the insured with knowledge <br />of its falsity. <br />c. Material Published Prior to Policy Period <br />"Personal and advertising injury" arising out of <br />oral or written publication of material whose first <br />publication took place before the beginning of <br />the policy period. <br />d. Criminal Acts <br />"Personal and advertising injury" arising out of a <br />criminal act committed by or at the direction of <br />the insured. <br />e. Contractual Liability <br />"Personal and advertising injury" for which the <br />insured has assumed liability in a contract or <br />agreement. This exclusion does not apply to <br />liability for damages that the insured would have <br />in the absence of the contract or agreement. <br />f. Breach Of Contract <br />"Personal and advertising injury" arising out of a <br />breach of contract, except an implied contract to <br />use another's advertising idea in your <br />"advertisement ". <br />CG 00 01 12 07 Copyright, ISO Properties, Inc., 2006 Page 5 of 14 n <br />