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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 /> h. Failure to provide adequate workplace, employment policies or procedures; <br /> Wrongful Employment Practices Liability Act - continued <br /> i. Failure to promote, train,grant variable pay, or grant tenure; <br /> j. Breach of an employment contract,whether actual,implied,written or oral; <br /> k. Misrepresentation or misstatement; <br /> 1. Negligent supervision or hiring of others; <br /> m. Failure to employ; <br /> n. Libel, slander, defamation of character, publication of material in violation of a person's right of <br /> privacy; <br /> o. Infliction of emotional distress,mental anguish or humiliation; <br /> p. Negligent retention; or <br /> q. Hostile work environment, <br /> brought by or on behalf of and related to current,past, future or prospective employment of any natural <br /> person by the "insured organization." <br /> Wrongful FLSA Act <br /> "Wrongful FLSA act" means an actual or alleged violation of the Fair Labor Standards Act (FLSA) (29 <br /> U.S.C. §201, et seq.), or any similar state or local laws. <br /> Wrongful Fiduciary Liability Act <br /> "Wrongful fiduciary liability act" means any actual or alleged: <br /> a. Breach of the responsibilities, obligations or duties imposed upon any "insured" in its capacity as a <br /> fiduciary of any "insured plan" or by the common or statutory law of the United States of America <br /> or any other jurisdiction anywhere in the world; <br /> b. Matter claimed against the "insured organization" or any "insured person" solely because of their <br /> service as a fiduciary of any"insured plan"; or <br /> c. Negligent act, error or omission by an "insured" based on any of the following with respect to an <br /> "insured plan": <br /> 1) Interpreting or applying; <br /> MPL 0002 07 13 CUMIS Insurance Society, Inc. Page 13 of 30 <br />