Orange County NC Website
DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4 <br /> In that case, such credit monitoring or identity monitoring product will be provided for the period of time <br /> required by law or regulation; and <br /> 6. for public relations and crisis management costs directly related to mitigating harm to the Insured Entity <br /> which are approved in advance by the Insurer. <br /> B. Claim means a written demand for money, services, non-monetary relief or injunctive relief, including service of <br /> suit or arbitration proceedings made against any Insured. Only as respects Coverage B., Cyber Liability, Claim <br /> also means a request for information from, or civil proceeding against, the Insured Entity brought by a <br /> Regulatory Body directly arising from an Insured's actual or alleged violation of any Privacy Law. <br /> Multiple Claims arising from the same or a series of related or repeated acts, errors or omissions, or from any <br /> continuing acts, errors or omissions, or from a series of related or repeated Technology/Professional Errors or <br /> Cyber Events, shall be considered a single Claim for the purposes of this Policy, regardless of the number of <br /> claimants or Insureds involved in the Claim. All such Claims shall be deemed to have been made at the time of <br /> the first such Claim. <br /> C. Claims Expenses means: <br /> 1. reasonable and necessary legal fees, costs and expenses directly resulting from the investigation, <br /> adjustment, settlement and/or defense of a Claim; and <br /> 2. the premiums for appeal, attachment or similar bonds, but only for bond amounts within the applicable Limits <br /> of Liability. The Insurer does not have to furnish these bonds. <br /> Claims Expenses do not include: <br /> a. salaries, wages, fees, remuneration, overhead, benefits or expenses of an Insured; <br /> b. Damages, fines, penalties, fees, or taxes levied or assessed against an Insured; <br /> c. fees, costs, or expenses incurred by the Insured prior to the time that a Claim is made or which are paid <br /> or incurred without the Insurer's prior written consent. These unilaterally incurred fees, costs or <br /> expenses will not be reimbursed by the Insurer and will not reduce any Deductible under the Policy; or <br /> d. the costs and expenses required to comply with any injunctive or other non-monetary, equitable, <br /> declaratory, regulatory or administrative relief, including but not limited to specific performance, or any <br /> agreement to provide such relief. <br /> D. Continuity Date means the date listed in Item 7. of the Declarations. <br /> E. Control Group means any principal, partner, corporate officer, director, general counsel (or most senior legal <br /> counsel) or risk manager of the Insured Entity and any individual in a substantially similar position. <br /> F. Cyber Event means: <br /> 1. a Cyber Extortion Threat; <br /> 2. an unintentional and unplanned interruption of any computer system; <br /> 3. a theft, loss or Unauthorized Disclosure of Protected Information that is in the care, custody or control of <br /> an Insured or a third party for whose theft, loss or Unauthorized Disclosure of Protected Information the <br /> Insured Entity is legally responsible for; <br /> 4. the storage, collection, use or disclosure of Protected Information by or on behalf of the Insured Entity that <br /> is in violation of a Privacy Law; <br /> 5. the failure to notify a third party of a theft, loss or Unauthorized Disclosure of Protected Information in <br /> violation of a Privacy Law; or <br /> 6. the access to, or the use of, a computer system by a person or organization that is not authorized to do so. <br /> G. Cyber Extortion Threat means a demand made against the Insured Entity for the payment of monies (including <br /> a digital currency), marketable goods or services in order to prevent or terminate the: <br /> 1. disclosure of Protected Information; <br /> 2. introduction of unauthorized, unwanted or harmful program, computer code or script into a computer system. <br /> An unwanted or harmful program, computer code or script includes a computer virus, Trojan horses, worms, <br /> time or logic bombs, spyware, malware, spiderware, or ransomware; <br /> 3. corruption, alerting, deletion or destruction of data or software stored on a computer system; <br /> TCM-POL-001 (01/19) Page 3 of 16 <br />