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DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> 7. liquidated damages, but only to the extent that such damages exceed the <br /> amount for which the Insured would have been liable in the absence of such <br /> liquidated damages agreement; <br /> 8. fines, costs or other amounts an Insured is responsible to pay under a Merchant <br /> Services Agreement; or <br /> 9. any amounts for which the Insured is not liable, or for which there is no legal <br /> recourse against the Insured. <br /> Data means any software or electronic data that exists in Computer Systems and that is subject <br /> to regular back-up procedures. <br /> Data Breach means the theft, loss, or Unauthorized Disclosure of Personally Identifiable <br /> Information or Third Party Information that is in the care, custody or control of the Insured <br /> Organization or a third party for whose theft, loss or Unauthorized Disclosure of Personally <br /> Identifiable Information or Third Party Information the Insured Organization is liable. <br /> Data $ Network Wrongful Act means: <br /> 1. a Data Breach; <br /> 2. a Security Breach; <br /> 3. failure to timely disclose a Data Breach or Security Breach; or <br /> 4. a Privacy Policy Violation. <br /> Data Recovery Costs means the reasonable and necessary costs incurred by the Insured <br /> Organization to regain access to, replace, or restore Data, or if Data cannot reasonably be <br /> accessed, replaced, or restored, then the reasonable and necessary costs incurred by the <br /> Insured Organization to reach this determination. <br /> Data Recovery Costs will not include: (i) the monetary value of profits, royalties, or lost <br /> market share related to Data, including but not limited to trade secrets or other <br /> proprietary information or any other amount pertaining to the value of Data; (ii) legal costs <br /> or legal expenses; (iii) loss arising out of any liability to any third party; or (iv) Cyber <br /> Extortion Loss. <br /> Dependent Business means any entity that is not a part of the Insured Organization but which <br /> provides necessary products or services to the Insured Organization pursuant to a written <br /> contract. <br /> Dependent Business Loss means: <br /> 1. Income Loss; and <br /> 2. Extra Expense; <br /> actually sustained during the Period of Restoration as a result of an actual interruption <br /> of the Insured Organization's business operations caused by a Dependent Security <br /> Breach or Dependent System Failure. Coverage for Dependent Business Loss will <br /> apply only after the Waiting Period has elapsed. <br /> F00731 <br /> 022019 ed. Page 6 of 24 <br />