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CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 18 <br /> (17) Recording And Distribution Of Material <br />Or Information In Violation Of Law <br />Arising directly or indirectly out of any <br />action or omission that violates or is alleged <br />to violate: <br />(a) The Telephone Consumer Protection <br />Act (TCPA), including any amendment <br />of or addition to such law; <br />(b) The CAN-SPAM Act of 2003, including <br />any amendment of or addition to such <br />law; <br />(c) The Fair Credit Reporting Act (FCRA), <br />and any amendment of or addition to <br />such law, including the Fair and <br />Accurate Credit Transactions Act <br />(FACTA); or <br />(d) Any federal, state or local statute, <br />ordinance or regulation, other than the <br />TCPA, CAN-SPAM Act of 2003 or <br />FCRA and their amendments and <br />additions, that addresses, prohibits, or <br />limits the printing, dissemination, <br />disposal, collecting, recording, sending, <br />transmitting, communicating or <br />distribution of material or information. <br /> b. "Pollution cost or expense". <br />SUPPLEMENTARY PAYMENTS – COVERAGES A <br />AND B <br /> 1. We will pay, with respect to any claim we <br />investigate or settle, or any "suit" against an <br />insured we defend, when the duty to defend <br />exists: <br /> a. All expenses we incur. <br /> b. Up to $2,000 for cost of bail bonds (including <br />bonds for related traffic law violations) required <br />because of an "occurrence" we cover. We do <br />not have to furnish these bonds. <br /> c. The cost of bonds to release attachments, but <br />only for bond amounts within the applicable <br />limit of insurance. We do not have to furnish <br />these bonds. <br /> d. All reasonable expenses incurred by the <br />insured at our request to assist us in the <br />investigation or defense of the claim or "suit", <br />including actual loss of earnings up to $250 a <br />day because of time off from work. <br /> e. All court costs taxed against the insured in the <br />"suit". However, these payments do not include <br />attorneys' fees or attorneys' expenses taxed <br />against the insured. <br /> f. Prejudgment interest awarded against the <br />insured on that part of the judgment we pay. If <br />we make an offer to pay the applicable limit of <br />insurance, we will not pay any prejudgment <br />interest based on that period of time after the <br />offer. <br /> g. All interest on the full amount of any judgment <br />that accrues after entry of the judgment and <br />before we have paid, offered to pay, or <br />deposited in court the part of the judgment that <br />is within the applicable limit of insurance. <br />These payments will not reduce the limits of <br />insurance. <br /> 2. When we have the right but not the duty to defend <br />the insured and elect to participate in the defense, <br />we will pay our own expenses but will not <br />contribute to the expenses of the insured or the <br />"underlying insurer". <br /> 3. If we defend an insured against a "suit" and an <br />indemnitee of the insured is also named as a party <br />to the "suit", we will defend that indemnitee if all of <br />the following conditions are met: <br /> a. The "suit" against the indemnitee seeks <br />damages for which the insured has assumed <br />the liability of the indemnitee in a contract or <br />agreement that is an "insured contract"; <br /> b. This insurance applies to such liability <br />assumed by the insured; <br /> c. The obligation to defend, or the cost of the <br />defense of, that indemnitee, has also been <br />assumed by the insured in the same "insured <br />contract"; <br /> d. The allegations in the "suit" and the information <br />we know about the "occurrence" are such that <br />no conflict appears to exist between the <br />interests of the insured and the interests of the <br />indemnitee; <br /> e. The indemnitee and the insured ask us to <br />conduct and control the defense of that <br />indemnitee against such "suit" and agree that <br />we can assign the same counsel to defend the <br />insured and the indemnitee; and <br /> f. The indemnitee: <br /> (1) Agrees in writing to: <br /> (a) Cooperate with us in the investigation, <br />settlement or defense of the "suit"; <br /> (b) Immediately send us copies of any <br />demands, notices, summonses or legal <br />papers received in connection with the <br />"suit"; <br /> (c) Notify any other insurer whose coverage <br />is available to the indemnitee; and <br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630