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u- <br />2. Exclusions <br />This Insurance does not apply to: <br />a. Knowing Violation Of Rights Of Another <br />"Personal and advertising Injury" arising out of an <br />offense committed by, at the diractlon or with the <br />consent or acquiescence of the Insured with the <br />expectation of Inflicting "personal and advertising <br />Injury". <br />b, Material Published With Knowledge Of Falsity <br />"Personal and advertising Injury" arising out of oral, <br />written or electronic publication of material; If done <br />by or at the direction of the Insured with knowledge <br />of Its falsity. <br />c, Material Published PrlarTo Policy Period <br />"Personal and advertising Injury" arising out of oral, <br />written or electronic publication of materal whose <br />first publication took place before the beginning of <br />the policy perlod. <br />d. Criminal Acts <br />"Personal and advertising Injury" arising out of a <br />criminal act committed by or at the direction of the <br />Insured, <br />a. 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 liability <br />for damages that the insured would have In the <br />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 use <br />another's "advertising Idea" In your "advertisement'. <br />g. Quality Or Performance Of Goods — Failure To <br />Conform To Statomants <br />"Personal and advertising injury" arising out of the <br />failure of goods, products or services to conform <br />with any statement of quality or performance made <br />In your "advertisement". <br />h, Wrong Description Of Prices <br />"Personal and advertising Injury" arising out of the <br />wrong description of the price of goods, products or <br />services. <br />I. Infringement Of Intellectual Property Rights <br />"Personal and advertising Injury" arising out of any <br />violation of any Intellectual property rights such as <br />copyright, patent, trademark, trade name, trade <br />secret, service mark or other designation of origin <br />or authenticity, <br />However, this exclusion doesnot apply to <br />Infringement, .Inyour "advertisement", of: <br />(1) Copyright <br />(2) Slogan, unless the slogan Is also a trademark, <br />trade name, service mark or other designation <br />of origin or authenticity; or <br />(3) Title of any literary or artistic work. <br />J. Insureds In Media And Internet Type <br />Businesses <br />"Personal and advertising Injury" committed by an <br />Insured whose business Is: <br />(1) Advertising, broadcasting, publishing or <br />telecasting; <br />(2) Designing or determining content of web sites <br />for others; or <br />(3) An Internet search, access, content or service <br />provider, <br />However, this exclusion does not apply to <br />Paragraphs 17.a., b. and c, of "personal and <br />advertising Injury" under the Definitions Section <br />For the purposes of this exclusion, placing an <br />"advertisement" for or linking to others on your web <br />site, by Itself, Is not considered the business of <br />advertising, broadcasting, publishing or telecasting. <br />k. Electronic Chatrooms Or Bulletin Boards <br />"Personal and advertising Injury" arising out of an <br />electronic chatroom or bulletin board the Insured <br />hosts, owns, or over which the Insured exercises <br />control. <br />I. Unauthorized Use Of Another's Noma Or <br />Product <br />"Personal and advertising Injury" arising out of the <br />unauthorized use of another's name or product In <br />your a -mall address, domain name or metatags, or <br />any other similar tactics to mislead another's <br />potential customers, <br />in. Pollution <br />"Personal and advertising Injury' arising out of the <br />actual, alleged or threatened discharge, dispersal, <br />seepage, migration, release or escape of <br />"pollutants" at any time. <br />n. Pollution -Related <br />Any loss, cost or expense arising out of any: <br />(1) Request, demand, order or statutory or <br />regulatory requirement that any Insured or <br />others test for, monitor, clean up, remove, <br />contain, treat, detoxify or neutralize, or In any <br />way respond to, or assess the affects of, <br />"pollutants"; or <br />(2) Claim or suit by or on behalf of a governmental <br />authority for damages because of testing for, <br />monitoring, cleaning up, removing, containing, <br />tresilng, detoxifying or neutralizing, or In any <br />way responding to, or assessing the effects of, <br />"pollutants". <br />Page 6 of iS HG 00 0106 05 <br />REVIEWED BY: EUNICE HERECIA (PoF <br />