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DocuSign Envelope ID:4BD3AF05-8D53-4AE5-83F5-70D042544F7F <br /> DNA REAL ESTATE PROFESSIONALS ERRORS <br /> AND OMISSIONS POLICY <br /> Denial of Service Attack means an attack executed over one or more networks or the internet that is <br /> specifically designed and intended to disrupt the operation of a network and render a network <br /> inaccessible to authorized users. <br /> Discrimination Claim means a claim based on or arising out of discrimination, humiliation, harassment, <br /> or misconduct that includes but shall not be limited to a claim based on an individual's race, creed, color, <br /> age, gender, national origin, religion, disability, marital status or sexual preference. <br /> Domestic Partner means any person qualifying as a "domestic partner" under any federal, state or local <br /> laws or under your employee benefit plans. <br /> Electronic Infection means the transmission of a computer virus to a network, including without <br /> limitation, such transmission to or from your network. <br /> Electronic Information Damage means the destruction, deletion or alteration of any information residing <br /> on the network of any third party. <br /> Guaranteed Sale Listing Contract means a written agreement between you and the seller of a property, <br /> in which you agree to purchase the property if it is not sold under the listing agreement in the time frame <br /> specified by the agreement. <br /> Innocent Insured means an Insured who, upon request, affirmatively states under oath to us that they <br /> did not commit or have prior knowledge of the intentionally wrongful, dishonest, fraudulent, malicious or <br /> criminal acts or omissions alleged in a claim. A person who fails to take affirmative steps to mitigate loss <br /> upon learning of an intentionally wrongful, dishonest, fraudulent, malicious or criminal act or omission, or <br /> who is found by a court of competent jurisdiction to have committed such acts or omission, is not an <br /> innocent insured. <br /> Insured means you and any of the persons or entities listed below but only while rendering professional <br /> real estate services on your behalf for others: <br /> A. any person who is or becomes your partner, officer, director, employee, member, or independent <br /> contractor during the policy period; <br /> B. any person previously affiliated with you as your partner, officer, director, employee, member or <br /> independent contractor; <br /> C. any personal assistant of an Insured as set forth in A or B., above, but only while rendering <br /> professional real estate services on behalf of such individual Insured; <br /> D. any subsidiary and newly acquired subsidiary. <br /> Insured also means any real estate corporation of which you are a franchisee, but only as respects such <br /> real estate corporation's liability for acts or omissions of an Insured in the rendering of professional real <br /> estate services. <br /> Internet means the worldwide public network of computers as it currently exists or may be manifested in <br /> the future, but internet does not include the named insured's network. <br /> Lock Box means a keyless entry system or similar device used to gain access when showing properties. <br /> Lock Box Claim means a claim alleging property damage or bodily injury, arising out of the Insured's <br /> maintenance, operation, or use of a lock box in providing professional real estate services on property <br /> not owned, occupied by, or leased to the Insured. <br /> Mortgage broker means a person or entity that originates commercial or residential real estate mortgage <br /> loans in the primary or secondary market. <br /> CNA65781 XX ED. 05-2012 Page 6 <br />