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DocuSign Envelope ID:4BD3AF05-8D53-4AE5-83F5-70D042544F7F <br /> DNA REAL ESTATE PROFESSIONALS ERRORS <br /> AND OMISSIONS POLICY <br /> This exclusion applies regardless of any other cause or event that contributes concurrently or in any <br /> sequence to the damages claimed. However, this exclusion does not apply to any claim against an <br /> Insured: <br /> a. based on or arising out of the Insured's failure, in any way, to advise of the existence of <br /> pollutants; or <br /> b. based on or arising out of the Insured's failure, in his or her capacity as a real estate agent <br /> or broker, to advise buyers or sellers of residential property of the existence of mold, fungi <br /> or microbes at such residential property, but if, and only if the following conditions were <br /> met: <br /> (i) neither the Insured nor the Insured's spouse had an ownership interest in such <br /> residential property; <br /> (ii) a seller's real property disclosure statement was completed by the seller and receipt <br /> acknowledged by the buyer in writing prior to closing and a copy was retained in the <br /> Insured's transaction file; and <br /> (iii) if the Insured acted as agent for the buyer, a statement or disclosure regarding a buyer's <br /> right to request testing or inspection for the existence of mold, fungi or microbes was <br /> provided to and acknowledged by the buyer in writing, and a copy was retained in the <br /> Insured's transaction file. <br /> F. Sale of business <br /> based on or arising out of any actual or alleged sale or purchase or attempted sale or purchase of a <br /> business, except that this exclusion does not apply to that portion of a claim which relates to the <br /> purchase, sale or leasing of real property; <br /> G. Value or business or future value of property <br /> based on or arising out of: <br /> 1. any promises, warranties, or guarantees made by an Insured as to the future value or future <br /> income of any property; or <br /> 2. the valuation or performance of a business in conjunction with any property that is sold; <br /> H. Insured vs. Insured <br /> by or on behalf of any Insured against any other Insured; <br /> I. Property Syndication or Real Estate Investment Trust <br /> based on or arising out of any actual or alleged formation, syndication, operation or administration of <br /> any property syndication, real estate investment trust or any other form of corporation, general or <br /> limited partnership or joint venture formed for the purpose of investing in, buying, selling, or <br /> maintaining real property; <br /> CNA65781 XX ED. 05-2012 Page 11 <br />