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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4
<br /> 4. restriction or hindering of access to a computer system or to data stored on a computer system;
<br /> 5. interruption or suspension of a computer system; or
<br /> 6. electronic communication with the Insured Entity's customers impersonating the Insured Entity in order to
<br /> obtain Protected Information.
<br /> H. Cyber Terrorism means any act directed against a computer system by an individual or group(s) of individuals,
<br /> whether acting alone, on behalf of or in connection with any organization(s) or government(s), to cause
<br /> unauthorized access to, unauthorized use of, or a targeted denial of service attack or transmission of
<br /> unauthorized, corrupting or harmful software code to a computer system for the purpose of furthering social,
<br /> ideological, religious, economic or political objectives, intimidating or coercing a government or the civilian
<br /> population thereof, or disrupting any segment of the economy that is not accompanied by, directly associated with
<br /> or coordinated with armed conflict or the use of physical force.
<br /> I. Damages means a monetary judgment, award or settlement including prejudgment and post-judgment interest,
<br /> and punitive damages, exemplary damages or any damages which are a multiple of compensatory damages (if
<br /> insurable under the applicable law most favorable to the insurability of punitive, exemplary or multiple damages),
<br /> which the Insured becomes legally obligated to pay as the direct result of a covered Claim.
<br /> Solely with respect to Coverage B., Cyber Liability, Damages also include:
<br /> 1. civil fines or penalties levied upon an Insured by a Regulatory Body, provided that this does not include
<br /> amounts for matters uninsurable under the law;
<br /> 2. any fine, penalty, reimbursement, fraud recovery, or assessment imposed upon or owed by an Insured under
<br /> the terms of a written agreement between the Insured Entity and a financial institution, credit or debit card
<br /> company, credit or debit card processor, merchant bank or any other entity offering or providing merchant
<br /> card transaction processing or payment gateway services to the Insured Entity; provided that this does not
<br /> include any charge back amounts, interchange fees, discount fees, or other prospective fees owed under
<br /> such an agreement; and
<br /> 3. up to$2,500 for the costs and expenses of complying with any injunctive or other non-monetary relief.
<br /> As respects all coverage parts under this Policy, Damages do not include:
<br /> a. any amount for which the Insured is not liable or is not legally obligated to pay;
<br /> b. except as noted in paragraph 1. and 2. above, any fines or monetary penalties or multiples thereof;
<br /> c. taxes or the loss of tax benefits;
<br /> d. liquidated damages, but only to the extent that such damages exceed the amount for which the Insured
<br /> would have been liable in the absence of such liquidated damages agreement;
<br /> e. matters uninsurable under the laws applicable to this Policy;
<br /> f. past, present and future earned and unearned royalties, profits, fees, costs, expenses, commissions, and
<br /> profits unlawfully or unjustly held or obtained including, but not limited to, the return, offset, disgorgement
<br /> or restitution of such royalties, profits, fees, costs, expenses, commissions, and profits unlawfully or
<br /> unjustly held or obtained;
<br /> g. except as noted in paragraph 3. above, the costs and expenses of complying with any injunctive or other
<br /> non-monetary equitable, declaratory, regulatory or administrative relief including, but not limited to,
<br /> specific performance, or any agreement to provide such relief;
<br /> h. costs incurred by an Insured to correct, re-perform or complete any Professional Services or
<br /> Technology Services; and
<br /> i. discounts, prizes, awards, coupons or other incentives offered to the Insured's clients or customers.
<br /> J. Deductible means the amount listed in Item 5. of the Declarations and described in Section VII. of this Policy.
<br /> K. Dependent Systems Event means the unintentional and unplanned interruption of computers or associated
<br /> hardware, software, or firmware, including network devices and backup components owned, leased, operated or
<br /> controlled by a third party that provides services or products to the Insured Entity pursuant to a written contract.
<br /> L. eCrime Event means:
<br /> 1. the loss of the Insured Entity's money or securities that results solely from a wrongful transfer, payment or
<br /> delivery of such money or securities by an Insured as a sole result of fraudulent electronic or telephone
<br /> instructions provided by a third party, that is intended to mislead the Insured through the misrepresentation of
<br /> TCM-POL-001 (01/19) Page 4 of 16
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