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DocuSign Envelope ID: 313DA256 -1 EDE- 4396- A716- 4C53B809027E
<br />SECTION V- DEFINITIONS
<br />Discrimination
<br />(This provision does not apply in New York).
<br />A. The following is added to Definition 14. "Personal
<br />and advertising injury ":
<br />"Personal and advertising injury" also means
<br />"discrimination" that results in injury to the feelings or
<br />reputation of a natural person, however only if such
<br />"discrimination" or humiliation is:
<br />1. Not done by or at the direction of:
<br />a. The insured; or
<br />b. Anyone considered an insured under
<br />SECTION 11 - WHO IS AN INSURED;
<br />2. Not done intentionally to cause harm to another
<br />person.
<br />3. Not directly or indirectly related to the employ-
<br />ment, prospective employment or termination of
<br />employment of any person or persons by any
<br />insured.
<br />4. Not arising out of any "advertisement" by the
<br />insured.
<br />B. The following definition is added to SECTION V -
<br />DEFINITIONS:
<br />"Discrimination" means:
<br />a. Any act or conduct that would be considered
<br />discrimination under any applicable federal,
<br />state, or local statute, ordinance or law;
<br />b. Any act or conduct that results in disparate
<br />treatment of, or has disparate impact on, a per-
<br />son, because of that person's race, religion,
<br />gender, sexual orientation, age, disability or
<br />physical impairment; or
<br />c. Any act or conduct characterized or interpreted
<br />as discrimination by a person based on that
<br />person's race, religion, gender, sexual orienta-
<br />tion, age, disability or physical impairment.
<br />It does not include acts or conduct characterized or
<br />interpreted as sexual intimidation or sexual harass-
<br />ment, or intimidation or harassment based on a
<br />person's gender.
<br />Electronic Data
<br />The following definition is added to SECTION V -
<br />DEFINITIONS:
<br />"Electronic data" means information, facts or programs
<br />stored as or on, created or used on, or transmitted to or
<br />from computer software, including systems and applica-
<br />tions software, hard or floppy disks, CD -ROMS, tapes,
<br />drives, cell, data processing devices or any other media
<br />which are used with electronically controlled equipment.
<br />For the purpose of the Electronic Data Liability coverage
<br />provided by this endorsement, Definition 17. "Property
<br />damage" is deleted in its entirety and replaced by the
<br />following:
<br />17. "Property damage" means:
<br />a. Physical injury to tangible property, including all
<br />resulting loss of use of that property. All such
<br />loss of use shall be deemed to occur at the time
<br />of the physical injury that caused it; or
<br />b. Loss of, loss of use of, damage to, corruption of,
<br />inability to access, or inability to properly
<br />manipulate "electronic data ", resulting from
<br />physical injury to tangible property. All such loss
<br />of "electronic data" shall be deemed to occur at
<br />the time of the "occurrence" that caused it.
<br />For the purpose of the Electronic Data Liability coverage
<br />provided by this endorsement, "electronic data" is not
<br />tangible property.
<br />Employee Amendment
<br />Definition 6. "Employee" under SECTION V - DEFINI-
<br />TIONS is deleted in its entirety and replaced by the
<br />following:
<br />5. "Employee" includes a "leased worker ", or a "tempo-
<br />rary worker ". If you are a School, "Employee" also
<br />includes a student teacher.
<br />Golfing Facility
<br />The following definition is added to SECTION V -
<br />DEFINITIONS:
<br />"Golfing facility" means a golf course, golf club, driving
<br />range, or miniature golf course.
<br />Mental Anguish Amendment
<br />(This provision does not apply in New York).
<br />Definition 3. "Bodily injury" under SECTION V -
<br />DEFINITIONS is deleted in its entirety and replaced with
<br />the following:
<br />3. "Bodily injury" means bodily injury, sickness or
<br />disease sustained by a person, including death
<br />resulting from any of these at any time. This includes
<br />mental anguish resulting from any bodily injury,
<br />sickness or disease sustained by a person. (In New
<br />York, mental anguish has been determined to be
<br />"bodily injury").
<br />Not -for- profit Member
<br />The following definition is added to SECTION V -
<br />DEFINITIONS:
<br />"Nat- for - profit member" means a person who is a
<br />member of a not - for - profit organization, including clubs
<br />and churches, who receives no financial or other
<br />compensation.
<br />Copyright, 2015 Selective Insurance Company of America. All rights reserved.
<br />Includes copyrighted material of Insurance Services Office, Inc., with its permission.
<br />INSURED'S COPY
<br />CG 73 00 01 16
<br />Page 8 of 8
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