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DocuSign Envelope ID:4BD3AF05-8D53-4AE5-83F5-70D042544F7F <br /> CNA REAL ESTATE PROFESSIONALS ERRORS <br /> AND OMISSIONS POLICY <br /> Claim means a demand, including the service of suit or the institution of an arbitration proceeding <br /> received by the Insured for money or service, including a demand alleging personal injury, arising out of <br /> an act or omission in the rendering of professional real estate services. Except as respects an <br /> innocent insured, a claim, other than a claim for personal injury, cannot arise from intentionally <br /> wrongful, dishonest, fraudulent, malicious, or criminal conduct committed by an Insured or at an <br /> Insured's direction or with the Insured's prior knowledge. Criminal proceedings are not covered under <br /> this Policy regardless of the allegations made against any Insured; <br /> Claim also means privacy claims and client network damage claims. <br /> Claim expenses means: <br /> A. fees charged by attorneys designated by us; and <br /> B. all other reasonable and necessary fees, costs and expenses resulting from the investigation, <br /> adjustment, defense and appeal of a claim if incurred by us, or by the Insured with our written <br /> consent. <br /> Claim expenses do not include fees, costs or expenses of independent adjusters or salaries of our <br /> officials or employees, other than fees, costs and expenses charged by our employed attorneys who may <br /> be designated to represent the Insured. <br /> Client Network Damage Claim means a demand, including the service of suit or the institution of an <br /> arbitration proceeding, received by the Insured for money or services alleging that a security breach or <br /> electronic infection caused network damage to a client's network in the rendering of professional <br /> real estate services. <br /> Computer Virus means unauthorized computer code that is designed and intended to transmit, infect <br /> and propagate itself over one or more networks, and cause: <br /> A. a computer code or programs to perform in an unintended manner; <br /> B. the deletion or corruption of electronic data or software; or <br /> C. the disruption or suspension of a network. <br /> Confidential Commercial Information means information that has been provided to the Insured by <br /> another, or created by the Insured for another where such information is subject to the terms of a written <br /> confidentiality agreement or equivalent obligating the Insured to protect such information on behalf of <br /> another. <br /> Construction manager means a person providing the following services in connection with the <br /> construction, reconstruction and renovation of real property: <br /> A. management of facility construction, reconstruction and renovation plans; <br /> B. development and management of construction, reconstruction and renovation contracts and <br /> subcontracts; or <br /> C. development of loss control and risk management plans in connection with the construction, <br /> reconstruction or renovation. <br /> Damages mean judgments, awards and settlements, provided any settlement is made with our prior <br /> written consent. Damages do not include: <br /> A. the return or restitution of fees, commissions, expenses or costs; <br /> B. civil or criminal fines, sanctions, penalties or forfeitures, whether pursuant to law, statute, regulation <br /> or court rule; <br /> C. punitive or exemplary amounts; <br /> D. the multiplied portion of multiplied awards; <br /> E. injunctive or declaratory relief; <br /> F. any amount that is not insurable under any applicable law; or <br /> G. plaintiffs attorneys fees associated with any of the above. <br /> CNA65781 XX ED. 05-2012 Page 5 <br />