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DocuSign Envelope ID:4BD3AF05-8D53-4AE5-83F5-70D042544F7F <br /> DNA REAL ESTATE PROFESSIONALS ERRORS <br /> AND OMISSIONS POLICY <br /> Privacy Injury and Identity Theft means any unauthorized disclosure of, inability to access, or <br /> inaccuracy with respect to non-public personal information in violation of any federal, state, foreign or <br /> other law, statute or regulation governing the confidentiality, integrity or accessibility of non-public <br /> personal information, including but not limited, to the Health Insurance Portability and Accountability Act <br /> of 1996, Gramm-Leach-Bliley Act, Children's Online Privacy Protection Act, or the EU Data Protection <br /> Act. <br /> Professional Real Estate Services means those services rendered by an Insured for others as a: <br /> A. real estate agent; <br /> B. real estate broker; <br /> C. real estate personal assistant, real estate appraiser, property manager, real estate leasing agent, <br /> short term escrow agent, mortgage broker or auctioneer of real property, provided that all <br /> necessary licenses or certifications are held by the Insured at the time of the act or omission giving <br /> rise to the claim; <br /> D. expert witness or real estate consultant or counselor provided such services are limited to the areas <br /> specified in paragraphs A. through C. of this definition; or <br /> E. notary public; or member of a formal real estate accreditation, standards review or similar real estate <br /> board or committee. <br /> Services as a construction manager are not professional real estate services. <br /> Property Damage means: <br /> A. physical injury to tangible property, including all resulting loss of use of that property. All such loss of <br /> use shall be deemed to occur at the time of the physical injury that caused it; or <br /> B. loss of use or theft of tangible property that is not physically damaged. <br /> Property manager means a person or entity providing the following services in connection with the <br /> management of commercial or residential property: <br /> A. development and implementation of management plans and budget; <br /> B. oversight of physical maintenance of property by others, except if such physical maintenance is <br /> performed by an Insured or by an entity owned by an Insured in whole or in part; <br /> C. solicitation, evaluation and securing of tenants and management of tenant relations, collection of rent <br /> and processing evictions; <br /> D. development, implementation and management of loss control and risk management plans for real <br /> property; <br /> E. development, implementation and management of contracts and subcontracts (excluding property <br /> and liability insurance contracts) necessary to the daily functioning of the property; or <br /> F. personnel administration and record keeping in connection with a managed property; <br /> Property manager does not include a construction manager. <br /> Public Relations Event means: <br /> A. departure, incapacitation, illness or death of a partner, member, officer, director, or sole proprietor- <br /> owner of yours; <br /> B. your dissolution for any reason other than bankruptcy; <br /> C. violent act, kidnapping, sexual assault, criminal firearm use, or workplace accident resulting in <br /> negative local or national media coverage of you. <br /> Public Relations Expenses means reasonable fees and expenses incurred by you for advisory services <br /> provided by a public relations firm to you for up to 60 days following a public relations event. <br /> Related claims means all claims arising out of a single act or omission or arising out of related acts or <br /> omissions in the rendering of professional real estate services. <br /> CNA65781 XX ED. 05-2012 Page 8 <br />