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DocuSign Envelope ID:8B670D51-A7FD-4694-8E94-963553021305 <br /> TERMS, CONDITIONS AND OTHER PROVISIONS <br /> MANAGEMENT & PROFESSIONAL LIABILITY POLICY <br /> DEFINITIONS <br /> Loss - continued <br /> "Loss" does not mean or include any of the following: <br /> a. Civil or criminal fines, penalties, sanctions, injunctive relief, orders of forfeiture, or restitution and <br /> disgorgement, except: <br /> 1) To the extent included in paragraphs c., d., or i. above; or <br /> 2) For the 5% penalty under Section 502(i) and the 20% penalty under Section 502(1) of the <br /> Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C.A. §1 et seq.), as <br /> amended; or <br /> b. Taxes; <br /> c. Amounts an "insured"is liable to pay that are uninsurable under applicable law; <br /> d. Property or the value of any property that the "insured organization" is required to deliver or return <br /> to one having superior rights to the property; <br /> e. Amounts an "insured" disburses or credits as a loan, lease or as any other extension of credit, <br /> whether voluntarily or as required by law, statute,regulation or court order; <br /> f. The amount of any funds that an "insured" returns or refunds to one from whom or that the <br /> "insured organization" collected the funds wrongfully or in error, or that a bankruptcy court finds to <br /> be a preferential transfer; <br /> g. Solely with respect to a "wrongful employment practices liability act," future salary, wages, <br /> commissions, payments for any type of insurance or other benefits for a claimant who has been or <br /> shall be hired, promoted or reinstated to employment pursuant to a settlement of, order in or other <br /> resolution of any"claim"; <br /> h. Solely with respect to a "wrongful employment practices liability act," any amounts that constitute <br /> severance payments or payments pursuant to a notice period; <br /> i. Amounts representing a reduction, modification or forgiveness of amounts owed (including the <br /> timing of amounts owed) for a loan,lease or extension of credit, whether voluntarily or required by <br /> law, statute,regulatory body,regulation or court order; or <br /> j. Amounts allocated to uncovered "loss" specified in any Allocation Condition made part of this <br /> Policy. <br /> Only for the purpose of determining applicable law regarding whether such liquidated, punitive, <br /> exemplary or multiplied damages are insurable under this Policy, the law of the jurisdiction most <br /> favorable to the insurability of those damages shall control,provided that such jurisdiction is where: <br /> MPL 0002 07 13 CUMIS Insurance Society, Inc. Page 9 of 30 <br />