Orange County NC Website
Browse       Search
DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> Business Interruption Loss will not include (i) loss arising out of any liability to any third <br /> party; (ii) legal costs or legal expenses; (iii) loss incurred as a result of unfavorable <br /> business conditions; (iv) loss of market or any other consequential loss; (v) Dependent <br /> Business Loss; or(vi) Data Recovery Costs. <br /> Claim means: <br /> 1. a written demand received by any Insured for money, services, or any non- <br /> monetary or injunctive relief; <br /> 2. a written request for mediation or arbitration received by any Insured; <br /> 3. a civil proceeding against any Insured commenced by service of a complaint or <br /> similar proceeding; <br /> 4. a written request to toll or waive any applicable statute of limitations; <br /> 5. with respect to coverage provided under the Regulatory Defense & Penalties <br /> insuring agreement only, institution of a Regulatory Proceeding against any <br /> Insured; and <br /> Multiple Claims arising from the same or a series of related, repeated or continuing acts, <br /> errors, omissions or events will be considered a single Claim for the purposes of this <br /> Policy. All such Claims will be deemed to have been made at the time of the first such <br /> Claim. <br /> Claims Expenses means: <br /> 1. all reasonable and necessary legal costs and expenses resulting from the <br /> investigation, defense and appeal of a Claim, if incurred by the Underwriters, or <br /> by the Insured with the prior written consent of the Underwriters; and <br /> 2. the premium cost for appeal bonds for covered judgments or bonds to release <br /> property used to secure a legal obligation; provided the Underwriters will have no <br /> obligation to appeal or to obtain bonds. <br /> Claims Expenses will not include any salary, overhead, or other charges by the <br /> Insured for any time spent in cooperating in the defense and investigation of any Claim, <br /> or costs to comply with any regulatory orders, settlements or judgments. <br /> Computer Systems means computers, any software residing on such computers and any <br /> associated devices or equipment (including computers, hardware, software and input and output <br /> devices which are part of an industrial control system, including a supervisory control and data <br /> acquisition (SCADA)system): <br /> 1. operated by and either owned by or leased to the Insured Organization; or <br /> 2. with respect to coverage under Part 4. of the Media, Tech, Data & Network <br /> Liability insuring agreement, as well as the Breach Response, Regulatory <br /> Defense & Penalties and Payment Card Liabilities & Costs insuring agreements, <br /> operated by a third party pursuant to written contract with the Insured <br /> Organization and used for the purpose of providing hosted computer application <br /> services to the Insured Organization or for processing, maintaining, hosting or <br /> storing the Insured Organization's electronic data. <br /> F00731 <br /> 022019 ed. Page 4 of 24 <br />