HODGES LACY & ASSOCIATES, LLC - 2014

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(iii) a publication or an utterance constituting an invasion, infringement or interference with a third-party's right of privacy or publicity; or (iv) false arrest, detention or imprisonment or malicious prosecution. k. "Policy Period" means the period from the effective date of this Policy to the Policy expiration date as stated in Item 2. of the Declarations or the effective date of cancellation or nonrenewal, if any. Policy Period does not include any Automatic Extended Reporting, Period. If the length of the Policy Period is the same as the Policy Year, the terms Policy Period and Policy Year are used interchangeably herein. 1. "Policy Year" means each consecutive twelve (12) months of the Policy Period beginning on the effective date shown in the Declarations. However, if a. Policy Year within a Policy Period is modified by an endorsement, then that modified year will be deemed a Policy Year for the purpose of determining the Annual Aggregate Limit of Liability. in. "Professional Services " means services rendered to others for a fee solely in the conduct of the Insured's profession as stated in Itern 7. of the Policy Declarations, 'including such services provided electronically utilizing the Internet or a network of two or more computers. n. "Property Damage" means physical injury to tangible property, including the resulting loss of use of that property or loss of use of tangible property which has not been physically injured. o. "Subsidiary" means, for the purpose of this Policy, any entity which is more than fifty percent (50%) owned or controlled by the Named Insured as of the effective date of this Policy and is disclosed as a subsidiary in an Application to the Insurer or any entity which becomes more than fifty percent (50%) owned or controlled by the Named. Insured during the Policy Period subject to the provisions of Section 11. of this Policy. p "Third Party Discrimination" rneans discrimination on the basis of age, sex, race, color, religion, disability„ pregnancy, familial status, marital status, national origin, sexual preference or other protected class or characteristic established render applicable federal, state or local statute or ordinance by the Insured against any person with whom the Insured interacts while providing Professional Services related to the conduct of the Named Insured's business, Third Party Discrimination does not include alleged discrimination in connection with the Insured's employment practices. cg, "Wrongful Act" means any actual or alleged error, omission or negligent act, committed solely in the rendering of or failure to render Professional Services by an Insured or any person or entity for which the Insured is Legally liable. Wrongful ,Act also means any actual or alleged error, omission or negligent act committed solely in the rendering of or failure to render. Professional Services by an Insured or any person or entity for which the Insured is legally liable and that results in Personal Injury. MIc MO t ' The Insurer shall not be liable for Damages or Claim. Expenses in connection with any Claim arising out of, directly or indirectly resulting from or in consequence of or in any way involving: a, conduct by any Insured that is criminal, fraudulent, dishonest or with the intent to cause damage or the gaining by any Insured of any personal profit, remuneration or advantage to which any Insured was not legally entitled; provided however, this Exclusion shall not apply to Claim Expenses incurred until a final judgment or adjudication is rendered against any Insured as to this conduct; or b. any Claim by or on behalf of any Insured against any other Insured; or c. any express warranties or guarantees by any Ensured, or liability assumed by any Insured under any contract or agreement, unless an Insured would have been legally liable in the absence of such contract or agreerrient; or d, any Circumstance of which any partner, member, director, or officer of the Insured was aware prior to the effective date of this Policy and could have reasonably expected to give rise to a Claim„ or any future Claim or litigation based upon or derived from the same or essentially the same Circumstance; provided that, if this Policy is a renewal of a Policy or Policies previously issued by the Ensurer and if the coverage provided by the Insurer was continuous from the effective date of the first such other Policy to the effective date of this Policy, the reference in this Exclusion to "effective date " will mean the effective date of the first Policy under which the Insurer first provid7dontin o s coverage to an Insured; or NC�l: GES LAt: EY & ASS(" CIATES, I_i�S A -2014 -173% REVIEWED SY , Et. NICE HEMEDIA (IBC 12 OF 24) R TP 101 (09 /11) Page 4 of 1p Insured