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ASCENT'" <br />U N D E R W R I T I N G <br />A. INSURED <br />The insured means: <br />A. The legal entity(s) shown in item 1 of the Declarations; <br />& Any subsidiary of the logo[ entity(s) shown in item 1 of the Declarations, but only with respect to wrongful acts, Insured <br />events, breaches or threats as detailed under the relevant Insuring Module that occur while it Is a subsidiary and <br />otherwise covered by this policy; <br />C. Any past, present, or future officer, director, trustee, or employee of any party described in VI (A) or (B) above., but only <br />while acting within the scope of their duties as such; <br />D. In the event that any party described in VI (A) or (B) above Is a partnership, limited liability partnership, or limited liability <br />company, then any general or managing partner, principal, stockholder, or owner thereof, but only while acting within the <br />scope of their duties as such; <br />E, Any agent or independent contractor, including distributors, licensees, and sub - licensees, but only while acting on behalf <br />of, at the direction of, or under the control of any party described In A (A) or (B) above; and <br />F. <br />Artj, ank(ky required by contract to be named an insured under this policy and to whom we consent in writing, but only for <br />the acts of any such entity as provided by the contract, and as detailed Under the relevant Insuring Module. <br />VII. DEFINITIONS <br />A, Application means all application forms, including any attachments thereto, and all other information and materials <br />submitted to us by you or on your behalf in connection with the underwriting of this policy. All such applications, <br />attachments, information, and materials are deemed attached to and incorporated Into this policy. <br />Bodily injury means physical injury, sickness. disease, death, mental anguish, mental injury, shock, humiliation or <br />emotional distress sustained by any person. <br />C. Breach of contract means breach of a written confracf(s) with a client to perform technology services because of: <br />The technology services being negligently performed or containing a material defect; <br />The technology services falling to most any statutory term concerning quality, safety, or fitness for a particular <br />express purpose. or failing to most an implied duty to exercise that degree of care or skill consistent with <br />applicable industry standards; or <br />Breach of any hold harmless or indemnity provision regarding infringement of intellectual property rights, breach <br />of security, or the confidentiality of information. <br />D. Claim means: <br />1, Awriften demand for monetary damages or non- monetary relief, a request for a tolling agreement, the service of <br />a civil suit, or institution of arbitration proceedings resolved by you seeking monetary damages or the threat or <br />initiation of a suit andfor proceeding seeking a temporary restraining order or a preliminary or permanent <br />Injunction; <br />2. A formal civil administrative proceeding or regulatory action or investigation to the extent covered by Insuring <br />Module 7; <br />3. A network evonfi, <br />A. Notification to us of the need to incur event management costs, notification expenses or support and credit <br />ruminating expenses; or <br />5. A network extortion threat, (,)/ <br />B. Notification to us that eleckromm theft, computer fraud and/or telecommunications fraud has occurred. <br />Ascent US v2.2 (Hightide) 2.015 <br />