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MDG ASSOCIATES 1 - 2013
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MDG ASSOCIATES 1 - 2013
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Last modified
11/26/2013 12:16:31 PM
Creation date
11/26/2013 11:59:52 AM
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Contracts
Company Name
MDG ASSOCIATES
Contract #
N-2013-152
Agency
COMMUNITY DEVELOPMENT
Expiration Date
1/31/2014
Insurance Exp Date
7/1/2014
Destruction Year
2019
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p. Electronic Data <br />Damages arising out of the loss of, loss of <br />use of, damage to, corruption of, inability to <br />access, or inability to manipulate electronic <br />data. <br />As used in this exclusion, electronic data <br />means information, facts or programs stored <br />as or on, created or used on, or transmitted <br />to or from computer software, including sys- <br />tems and applications software, hard or <br />floppy disks, CD -ROMS, tapes, drives, cells, <br />data processing devices or any other media <br />which are used with electronically controlled <br />equipment. <br />q. 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 <br />Act (TCPA), including any amendment <br />of or addition to such law; or <br />(2) The CAN -SPAM Act of 2003, including <br />any amendment of or addition to such <br />law; or <br />(3) Any statute, ordinance or regulation, <br />other than the TCPA or CAN -SPAM Act <br />of 2003, that prohibits or limits the <br />sending, transmitting, communicating or <br />distribution of material or information. <br />Exclusions c. through n. do not apply to damage <br />by fire to premises while rented to you or tempo- <br />rarily occupied by you with permission of the <br />owner. A separate limit of insurance applies to <br />this coverage as described in Section III — Lim- <br />its Of Insurance. <br />COVERAGE B PERSONAL AND ADVERTISING <br />INJURY LIABILITY <br />1. Insurance Agreement <br />a. We will pay those sums that the insured be- <br />comes legally obligated to pay as damages <br />because of `personal and advertising injury" <br />to which this insurance applies. We will have <br />the right and duty to defend the insured <br />against any "suit' seeking those damages. <br />However, we will have no duty to defend the <br />insured against any "suit' seeking damages <br />for "personal and advertising injury" to which <br />this insurance does not apply. We may, at <br />our discretion, investigate any offense and <br />settle any claim or "suit' that may result. <br />But: <br />(1) The amount we will pay for damages is <br />limited as described in Section III — <br />Limits Of Insurance; and <br />(2) Our right and duty to defend end when <br />we have used up the applicable limit of <br />insurance in the payment of judgments <br />or settlements under Coverages A or B <br />or medical expenses under Coverage <br />C. <br />No other obligation or liability to pay sums <br />or 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 ad- <br />vertising injury" caused by an offense arising <br />out of your business but only if the offense <br />was committed in the 'coverage territory" <br />during the policy period. <br />2. Exclusions <br />Page 6 of 17 <br />This insurance does not apply to: <br />a. Knowing Violation Of Rights Of Another <br />"Personal and advertising injury" caused by <br />or at the direction of the insured with the <br />knowledge that the act would violate the <br />rights of another and would inflict `personal <br />and advertising injury ". <br />b. Material Published With Knowledge Of <br />Falsity <br />"Personal and advertising injury" arising out <br />of oral or written publication of material, if <br />done by or at the direction of the insured <br />with knowledge of its falsity. <br />c. Material Published Prior To Policy Period <br />"Personal and advertising injury" arising out <br />of oral or written publication of material <br />whose first publication took place before the <br />beginning of the policy period. <br />d. Criminal Acts <br />"Personal and advertising injury" arising out <br />of a criminal act committed by or at the di- <br />rection of the insured. <br />e. Contractual Liability <br />"Personal and advertising injury" for which <br />the insured has assumed liability in a con- <br />tract or agreement. This exclusion does not <br />apply to liability for damages that the insured <br />would have in the absence of the contract <br />or agreement. <br />
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