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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4
<br /> FF. Technology/Professional Error means:
<br /> 1. a negligent act, error, omission, misstatement, misleading statement or misrepresentation in rendering or
<br /> failure to render Professional Services or Technology Services;
<br /> 2. a negligent act, error, omission, misstatement, misleading statement or misrepresentation that results in a
<br /> failure of Technology Products to perform the function or serve the purpose intended;
<br /> 3. an unintentional breach of a contractual obligation to perform Professional Services or Technology
<br /> Services, or to deliver Technology Products; or
<br /> 4. an unintentional infringement of copyright committed by the Insured Entity with respect to software
<br /> Technology Products.
<br /> GG.Technology Products means any computer or telecommunications hardware or software product, or related
<br /> electronic product, including software updates, service packs and other maintenance releases provided for such
<br /> products, that is:
<br /> 1. created, manufactured or developed by the Insured Entity for others in exchange for a fee or other
<br /> consideration; or
<br /> 2. distributed, licensed, leased or sold by the Insured Entity to others in exchange for a fee or other
<br /> consideration.
<br /> HH.Technology Services means any of the following services performed by or on behalf of the Insured Entity for
<br /> others for a fee or other consideration:
<br /> 1. computer information technology, Internet, network or website analysis, development, programming,
<br /> installation, integration, networking, hosting, processing, management, operations, data security,
<br /> maintenance, repair, optimization, support, or training;
<br /> 2. providing, collecting, recording, caching, compiling, mining, analyzing, storing, hosting, processing, securing,
<br /> backup, wiping, or destroying software or data;
<br /> 3. telecommunications services, including Internet, voice, video, web, email, text, data, or broadband services,
<br /> any call center or customer service support related to such telecommunications services;
<br /> 4. any services similar to those services described in paragraphs 1-3 above; or
<br /> 5. any other information technology-related services provided in conjunction with Technology Products.
<br /> II. Unauthorized Disclosure means the disclosure (including disclosure resulting from phishing) of or access to
<br /> information in a manner that is not authorized by the Insured Entity and is without knowledge, consent or
<br /> acquiescence of any member of the Control Group.
<br /> JJ. Waiting Period means the period starting upon the actual interruption or impairment of the Insured Entity's
<br /> business operations caused by a Cyber Event and ending after the number of hours specified in Item 8. of the
<br /> Declarations.
<br /> IV. EXCLUSIONS
<br /> The Insurer shall not be liable to defend, pay, indemnify or reimburse the Insured with respect to any Claim or Loss
<br /> based upon, resulting from, arising out of, in consequence of, or in any way connected with or involving, directly or
<br /> indirectly:
<br /> A. the actual or alleged distribution of unsolicited email, text messages, direct mail, facsimiles or other
<br /> communications (including, but not limited to, any actual or alleged violation of the Telephone Consumer
<br /> Protection Act of 1991 or the CAN-SPAM Act of 2003), wire tapping, audio or video recording, or telemarketing, if
<br /> such distribution, wire tapping, recording or telemarketing is done by or on behalf of an Insured; however this
<br /> exclusion will not apply to Claims Expenses incurred in defending the Insured against allegations of unlawful
<br /> audio or video recording;
<br /> B. any act, error, omission, incident or event committed or occurring prior to the effective date of this Policy if any
<br /> member of the Control Group on or before the Continuity Date knew or could have reasonably foreseen that
<br /> such act, error or omission, incident or event might be expected to be the basis of a Claim or Loss;
<br /> C. any Claim, Loss, incident or circumstance for which notice has been provided under any prior policy of which this
<br /> Policy is a renewal or replacement;
<br /> TCM-POL-001 (01/19) Page 8 of 16
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