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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4
<br /> D. any criminal, dishonest, fraudulent, or malicious act or omission, or intentional or knowing violation of the law, if
<br /> committed by an Insured, or committed by others if an Insured colluded or participated in any such conduct or
<br /> activity; but this exclusion will not apply to:
<br /> 1. Claims Expenses incurred in defending any Claim alleging the foregoing until there is a final non-appealable
<br /> adjudication establishing such conduct, at which time the Named Insured shall reimburse the Insurer for all
<br /> Claims Expenses incurred defending such Claim;
<br /> 2. any natural person Insured, if such Insured did not personally commit, participate in or know about any act,
<br /> error, omission, incident or event giving rise to such Claim or Loss; and
<br /> 3. the Insured Entity, provided that no member of the Control Group personally committed, participated in or
<br /> knew about any act, error, omission, incident or event giving rise to such Claim or Loss;
<br /> E. any actual or alleged infringement, misuse or abuse of patent or patent rights;
<br /> F. solely with respect to Coverage B., Cyber Liability, any actual or alleged infringement, use, misappropriation or
<br /> disclosure of any intellectual property, including but not limited to trade secret misappropriation, copyright
<br /> infringement, trademark infringement, trademark dilution or trade dress infringement; but this exclusion will not
<br /> apply to any Claim or Loss resulting from a theft, use or disclosure of Protected Information by a person who is
<br /> not a past, present or future employee, director, officer, partner or independent contractor of an Insured and
<br /> without the knowledge, consent or acquiescence of any member of the Control Group;
<br /> G. any actual or alleged use or misappropriation of any ideas or trade secrets by, or on behalf of, an Insured, or by
<br /> any other person or entity if such use or misappropriation is done with the knowledge, consent or acquiescence of
<br /> any member of the Control Group;
<br /> H. a Claim made by or on behalf of:
<br /> 1. any Insured; but this exclusion will not apply to a Claim made by an individual that is not a member of the
<br /> Control Group under Coverage B., Cyber Liability, or a Claim made by any person or entity that the Insured
<br /> Entity has agreed in writing to add as an additional insured under this Policy; or
<br /> 2. any business enterprise in which an Insured has greater than 15% ownership interest or made by any parent
<br /> company or other entity which owns more than 15% of an Insured Entity;
<br /> I. any loss, transfer or theft of monies, securities or tangible property of the Insured or others in the care, custody or
<br /> control of an Insured, but this exclusion will not apply to coverage under Coverage E., eCrime Loss;
<br /> J. nuclear reaction, nuclear radiation, radioactive contamination, radioactive substance, electromagnetic field,
<br /> electromagnetic radiation, or electromagnetism;
<br /> K. war, invasion, acts of foreign enemies, hostilities (whether or not war is declared), rebellion, revolution,
<br /> insurrection, war-like action, coup, usurped powers or military power; but this exclusion will not apply to Cyber
<br /> Terrorism;
<br /> L. any economic or trade sanction imposed by the United States including, but not limited to, sanctions administered
<br /> and enforced by The United States Treasury Department's Office of Foreign Assets Control ("OFAC");
<br /> M. any presence, discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic
<br /> chemicals, liquids or gases, oil or other petroleum substances or derivatives, waste materials or other irritants,
<br /> contaminants, pollutants or any other substances including, but not limited to, asbestos, fungus, mold and lead,
<br /> which are or may be injurious to public health, property or the environment ("hazardous substances") or the cost
<br /> to:
<br /> 1. clean up or removal of hazardous substances;
<br /> 2. monitor, assess or evaluate, the presence, discharge, dispersal, escape, release, or threat of same, of
<br /> hazardous substances;
<br /> 3. dispose of hazardous substances or take such other action as may be necessary to temporarily or
<br /> permanently prevent, minimize, or mitigate damage to the public health or welfare or to property or the
<br /> environment, which may otherwise result; or
<br /> TCM-POL-001 (01/19) Page 9 of 16
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