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DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> Waiting Period means the period of time that begins upon the actual interruption of the Insured <br /> Organization's business operations caused by a Security Breach, System Failure, Dependent <br /> Security Breach or Dependent System Failure, and ends after the elapse of the number of <br /> hours listed as the Waiting Period in the Declarations. <br /> EXCLUSIONS <br /> The coverage under this Policy will not apply to any Loss arising out of: <br /> Bodily Injury or Property Damage <br /> 1. physical injury, sickness, disease or death of any person, including any mental <br /> anguish or emotional distress resulting from such physical injury, sickness, <br /> disease or death; or <br /> 2. physical injury to or destruction of any tangible property, including the loss of use <br /> thereof; but electronic data will not be considered tangible property; <br /> Deceptive Business Practices, Antitrust&Consumer Protection <br /> any actual or alleged false, deceptive or unfair trade practices, antitrust violation, restraint <br /> of trade, unfair competition (except as provided under part 3. of the Media, Tech, Data & <br /> Network Liability insuring agreement), violation of consumer protection law, false, <br /> deceptive or misleading advertising, inaccurate cost estimates or failure of goods or <br /> services to conform with any represented quality or performance, or violation of the <br /> Sherman Antitrust Act, the Clayton Act, or the Robinson-Patman Act; but this exclusion <br /> will not apply to: <br /> 1. the Breach Response insuring agreement; or <br /> 2. coverage for a Data Breach or Security Breach, provided no member of the <br /> Control Group participated or colluded in such Data Breach or Security <br /> Breach; <br /> Distribution of Information <br /> the distribution of unsolicited email, text messages, direct mail, facsimiles or other <br /> communications, wire tapping, audio or video recording, or telemarketing, if such <br /> distribution, wire tapping, recording or telemarketing is done by or on behalf of the <br /> Insured Organization; but this exclusion will not apply to Claims Expenses incurred in <br /> defending the Insured against allegations of unlawful audio or video recording; <br /> Prior Known Acts & Prior Noticed Claims <br /> 1. any act, error, omission, incident or event committed or occurring prior to the <br /> inception date of this Policy if any member of the Control Group on or before the <br /> Continuity Date knew or could have reasonably foreseen that such act, error or <br /> omission, incident or event might be expected to be the basis of a Claim or <br /> Loss; <br /> 2. any Claim, Loss, incident or circumstance for which notice has been provided <br /> under any prior policy of which this Policy is a renewal or replacement; <br /> F00731 <br /> 022019 ed. Page 15 of 24 <br />