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DocuSign Envelope ID: CCB5CCD8-1AB9-4C00-B1 F6-A07CF92FB7AD <br /> i) Reports all, or formance of investment <br /> any part, of the vehicles;or <br /> act, error or 3 Advice given to an <br /> omission o er ) person with respect to <br /> in any other that person's decision <br /> insurer; to participate or not to <br /> il) Receives a participate in any plan <br /> written or ver- Included in the "em- <br /> bal demand or ployee benefit pro- <br /> claim for dam- gram". <br /> ages because <br /> of the act, er- (f) Workers' Compensation <br /> ror or omis- and Similar Laws <br /> sion;and Any claim arising out of <br /> b) There is no other your failure to comply with <br /> applicable insur- the mandatory provisions of <br /> ance. any workers' compensation, <br /> unemployment compensa- <br /> (2) Exclusions tion insurance, social secu- <br /> rity or disability benefits law <br /> This insurance does not apply or any similar law. <br /> to: <br /> (a) Bodily Injury, Property (g) ERISA <br /> Damage or Personal and Damages for which any in- <br /> Advertising Injury sured is liable because of <br /> liability imposed on a fiduci- <br /> "Bodily injury", property ary by the Employee Re- <br /> damage or personal and tirement Income Security <br /> advertising injury". Act of 1974, as now or <br /> (b) Dishonest, Fraudulent, hereafter amended, or by <br /> Criminal or Malicious Act any similar federal, state or <br /> local laws. <br /> Damages arising out of any (h) Available Benefits <br /> intentional, dishonest, <br /> fraudulent, criminal or mali- Any claim for benefits to the <br /> cious act, error or omission, extent that such benefits <br /> committed by any insured, are available, with reason- <br /> including the willful or reck- able effort and cooperation <br /> less violation of any statute, of the insured, from the ap- <br /> (c) Failure to Perform a Con- plicable funds accrued or <br /> tract other collectible insurance. <br /> Damages arising out of fail- (i) Taxes,Fines or Penalties <br /> ure of performance of con- Taxes, fines or penalties, <br /> tract by any insurer. including those imposed <br /> (d) Insufficiency of Funds under the Internal Revenue <br /> Code or any similar state or <br /> Damages arising out of an local law. <br /> insufficiency of funds to (j) Employment-Related <br /> meet any obligations under <br /> any plan included in the Practices <br /> "employee benefit pro- Any liability arising out of <br /> gram". any: <br /> (e) Inadequacy of Perform- (1) Refusal to employ; <br /> ance of Investment / Ad- <br /> vice Given With Respect (2) Termination of em- <br /> to Participation ployment; <br /> Any claim based upon: (3) Coercion, demotion, <br /> evaluation, reassign- <br /> 1) Failure of any invest- ment, discipline, defa- <br /> ment to perform; mation, harassment, <br /> 2) Errors in providing in- humiliation, discrimina- <br /> formafion on past per- tion or other employ- <br /> Includes copyrighted material of Insurance <br /> GA 233 02 07 Services Office,Inc.,with its permission. Page 3 of 15 <br />