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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4
<br /> 3. costs or expenses incurred or to be incurred by the Insured or others for the reprinting, reposting, recall,
<br /> removal or disposal of any Multimedia Material or any other information, content or media including, but not
<br /> limited to, any media or products containing such Multimedia Material, information, content or media;
<br /> 4. Claim brought by or on behalf of any intellectual property licensing bodies or organizations;
<br /> 5. actual or alleged inaccurate, inadequate or incomplete description of the price of goods, products or services,
<br /> cost guarantees, cost representations, contract price estimates, false advertising or the failure of any goods or
<br /> services to conform with any represented quality or performance;
<br /> 6. gambling, contest, lottery, promotional game or other game of chance; or
<br /> 7. Claim made by or on behalf of any independent contractor, joint venturer or venture partner arising out of or
<br /> resulting from disputes over ownership of rights in Multimedia Material or services provided by such
<br /> independent contractor, joint venturer or venture partner;
<br /> S. solely with respect to Coverage E., eCrime Loss: any loss covered under the terms of a commercial crime
<br /> insurance policy maintained by the Insured Entity, provided that this shall not apply to direct financial loss in
<br /> excess of the limits of liability of any such insurance policy.
<br /> T. solely with respect to Coverage F., First Party Loss, any First Party Loss:
<br /> 1. arising from the seizure, nationalization, confiscation, or destruction of property or data by order of any
<br /> governmental or public authority;
<br /> 2. arising from fire, flood, earthquake, volcanic eruption, explosion, lighting, wind, hail, damage by water,
<br /> landslide, act of God or any other physical event;
<br /> 3. for additional costs to update, replace, restore, assemble, reproduce, recollect or enhance data or computer
<br /> systems to a level beyond that which existed prior to a Cyber Event, except as covered under Section V.,
<br /> Supplemental Payments& Services;
<br /> 4. arising from any failure or malfunction of satellites or of power, utility, mechanical or telecommunications
<br /> (including, but not limited to, the internet) infrastructure or services that are not under the Insured Entity's
<br /> direct operational control; or
<br /> 5. covered under the terms of a property insurance policy providing coverage for risks of direct physical loss to
<br /> property maintained by the Insured Entity, provided that this shall not apply to First Party Loss in excess of
<br /> the limits of liability of any such insurance policy;
<br /> V. SUPPLEMENTAL PAYMENTS &SERVICES
<br /> In addition to the amounts described in Section I., Insuring Agreements, of this Policy, in the event of an actual Cyber
<br /> Event that results in Breach Costs or First Party Loss that exceeds the Deductible, the Insurer shall also pay the
<br /> following costs but only to reasonably and significantly reduce the possibility of a similar Cyber Event from occurring
<br /> in the future:
<br /> A. up to $10,000 for a third party consultant recommended by the Insurer to provide ongoing assistance to the
<br /> Insured Entity to improve and upgrade computer security; and
<br /> B. up to $5,000 for the purchase of computer equipment or computer software recommended by such third party
<br /> consultant recommended by the Insurer.
<br /> Such payments shall be part of, and not in addition to, the Aggregate Limit of Liability specified in Item 4. of the
<br /> Declarations.
<br /> VI. LIMITS OF LIABILITY
<br /> A. The Aggregate Limit of Liability specified in Item 4. of the Declarations is the most the Insurer will pay for all Loss
<br /> under this Policy. Once the Aggregate Limit of Liability has been exhausted, the Insurer shall have no further
<br /> duty to defend the Insured for any Claim which may otherwise be covered by this Policy.
<br /> B. The eCrime Loss Sublimit of Liability specified in Item 4. of the Declarations is the maximum amount the Insurer
<br /> is obligated to pay in the aggregate for direct financial loss arising from an eCrime Event. The eCrime Loss
<br /> Sublimit of Liability shall be part of, and not in addition to the Aggregate Limit of Liability.
<br /> C. The Dependent Business Sublimit of Liability specified in Item 4. of the Declarations is the maximum amount the
<br /> Insurer is obligated to pay in the aggregate for First Party Loss arising from a Dependent Systems Event. The
<br /> TCM-POL-001 (01/19) Page 11 of 16
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