Orange County NC Website
DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> Forensic Expenses means reasonable and necessary expenses incurred by the Insured <br /> Organization to investigate the source or cause of a Business Interruption Loss. <br /> Fraudulent Instruction means the transfer, payment or delivery of Money or Securities by an <br /> Insured as a result of fraudulent written, electronic, telegraphic, cable, teletype or telephone <br /> instructions provided by a third party, that is intended to mislead an Insured through the <br /> misrepresentation of a material fact which is relied upon in good faith by such Insured. <br /> Fraudulent Instruction will not include loss arising out of: <br /> 1. fraudulent instructions received by the Insured which are not first authenticated <br /> via a method other than the original means of request to verify the authenticity or <br /> validity of the request; <br /> 2. any actual or alleged use of credit, debit, charge, access, convenience, customer <br /> identification or other cards; <br /> 3. any transfer involving a third party who is not a natural person Insured, but had <br /> authorized access to the Insured's authentication mechanism; <br /> 4. the processing of, or the failure to process, credit, check, debit, personal <br /> identification number debit, electronic benefit transfers or mobile payments for <br /> merchant accounts; <br /> 5. accounting or arithmetical errors or omissions, or the failure, malfunction, <br /> inadequacy or illegitimacy of any product or service; <br /> 6. any liability to any third party, or any indirect or consequential loss of any kind; <br /> 7. any legal costs or legal expenses; or <br /> 8. proving or establishing the existence of Fraudulent Instruction. <br /> Funds Transfer Fraud means the loss of Money or Securities contained in a Transfer Account <br /> at a Financial Institution resulting from fraudulent written, electronic, telegraphic, cable, teletype <br /> or telephone instructions by a third party issued to a Financial Institution directing such <br /> institution to transfer, pay or deliver Money or Securities from any account maintained by the <br /> Insured Organization at such institution, without the Insured Organization's knowledge or <br /> consent. <br /> Funds Transfer Fraud will not include any loss arising out of: <br /> 1. the type or kind covered by the Insured Organization's financial institution bond <br /> or commercial crime policy; <br /> 2. any actual or alleged fraudulent, dishonest or criminal act or omission by, or <br /> involving, any natural person Insured; <br /> 3. any indirect or consequential loss of any kind; <br /> 4. punitive, exemplary or multiplied damages of any kind or any fines, penalties or <br /> loss of any tax benefit; <br /> 5. any liability to any third party, except for direct compensatory damages arising <br /> directly from Funds Transfer Fraud; <br /> F00731 <br /> 022019 ed. Page 8 of 24 <br />