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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4
<br /> operations with the exercise of due diligence and dispatch, not limited by the expiration date of this Policy.
<br /> Despite any other provisions in this Policy, the maximum Indemnity Period is 180 days.
<br /> O. Insured means:
<br /> 1. the Named Insured, each Subsidiary and each Newly Acquired Entity;
<br /> 2. any past or present employee (including a part time, temporary, leased or season employee), principals,
<br /> partners, executive officers or directors of an Insured Entity but only while acting within the scope of their
<br /> duties as such;
<br /> 3. any past or present natural person independent contractor who performs labor or service for the Insured
<br /> Entity pursuant to a written contract or agreement, where such labor or service is under the exclusive
<br /> direction of the Insured Entity, but only while acting in the scope of their duties as such and in the
<br /> performance of labor or service to the Insured Entity. The status of an individual as an independent
<br /> contractor shall be determined as of the date of an alleged act, error or omission by any such independent
<br /> contractor;
<br /> 4. any spouse or the legally recognized domestic partner (whether by state or federal law) of any person
<br /> otherwise qualifying as an Insured, but solely with respect to their status as such;
<br /> 5. in the event of death, incapacity, bankruptcy or insolvency of any Insured, such Insured's heirs, estate,
<br /> executors, administrators and legal representative in his or her capacity as such, but only with respect to
<br /> matters for which the Insured otherwise would have been entitled to coverage under this Policy; and
<br /> 6. only as respects Coverage A., Technology E&O and Professional Liability, Coverage B., Cyber Liability and
<br /> Coverage C., Multimedia Liability, any person or entity that the Insured Entity has agreed in writing to add as
<br /> an additional insured under this Policy prior to the commission of any act for which such person or entity
<br /> would be provided coverage under this Policy, but only for the vicarious liability of such additional insured for
<br /> the wrongful acts of an Insured.
<br /> P. Insured Entity means the Named Insured, each Subsidiary and each Newly Acquired Entity.
<br /> Q. Insurer means the insurance company listed in the Declarations.
<br /> R. Loss means Breach Costs, First Party Loss, financial loss from an eCrime Event, Damages and Claims
<br /> Expenses.
<br /> S. Multimedia Liability means one or more of the following acts committed by, or on behalf of, the Insured Entity
<br /> in the course of creating, displaying, broadcasting, publishing, disseminating or releasing Multimedia Material to
<br /> the public:
<br /> 1. defamation, libel, slander, product disparagement, trade libel, infliction of emotional distress, outrage,
<br /> outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any
<br /> person or organization;
<br /> 2. a violation of the rights of privacy of an individual, including false light, intrusion upon seclusion and public
<br /> disclosure of private facts;
<br /> 3. invasion or interference with an individual's right of publicity, including commercial appropriation of name,
<br /> persona, voice or likeness;
<br /> 4. plagiarism, piracy, or misappropriation of ideas under implied contract;
<br /> 5. infringement of copyright;
<br /> 6. infringement of domain name, trademark, trade name, trade dress, logo, title, metatag, or slogan, service
<br /> mark or service name;
<br /> 7. improper deep-linking or framing;
<br /> 8. negligent publication of content; or
<br /> 9. unfair competition, if alleged in conjunction with any of the acts listed in paragraphs 5. or 6. above.
<br /> T. Multimedia Material means the content of material published or broadcast by, or on behalf of, the Insured
<br /> Entity, including any information, words, sounds, numbers, images or graphics included in such content, but will
<br /> not include computer software or the actual goods, products or services described, illustrated or displayed in such
<br /> content.
<br /> U. Named Insured means the entity, individual, partnership or corporation shown in Item 1. of the Declarations.
<br /> TCM-POL-001 (01/19) Page 6 of 16
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