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DocuSign Envelope ID:24BBAFA9-CD81-4144-ACEF-E9036E703739 <br /> 4. disclosure, misuse or misappropriation of any ideas, trade secrets or confidential <br /> information that came into the possession of any person or entity prior to the date <br /> he or she became an Insured or Subsidiary of the Insured Organization; <br /> Governmental Actions <br /> a Claim brought by or on behalf of any state, federal, local or foreign governmental entity, <br /> in such entity's regulatory or official capacity; but this exclusion will not apply to the <br /> Regulatory Defense & Penalties insuring agreement, or any Claim made against the <br /> Insured Organization by a governmental entity solely in its capacity as a customer of <br /> the Insured Organization; <br /> Other Insureds & Related Enterprises <br /> a Claim made by or on behalf of: <br /> 1. any Insured; but this exclusion will not apply to a Claim made by an individual <br /> that is not a member of the Control Group for a Data & Network Wrongful Act, <br /> or a Claim made by an Additional Insured; or <br /> 2. any business enterprise in which any Insured has greater than 15% ownership <br /> interest or made by any parent company or other entity which owns more than <br /> 15% of the Named Insured; <br /> Trading Losses & Loss of Money <br /> 1. any trading losses, trading liabilities or change in value of accounts; <br /> 2. any loss, transfer or theft of monies, securities or tangible property of the Insured <br /> or others in the care, custody or control of the Insured Organization; or <br /> 3. the monetary value of any transactions or electronic fund transfers by or on <br /> behalf of the Insured which is lost, diminished, or damaged during transfer from, <br /> into or between accounts; <br /> but this exclusion will not apply to coverage under the eCrime insuring agreement; <br /> Contractual <br /> with respect to coverage under parts 1. and 3. of the Media, Tech, Data & Network <br /> Liability insuring agreement: <br /> any obligation the Insured has under contract; but this exclusion will not apply to: <br /> 1. the obligation to perform Professional Services or Tech Services; <br /> 2. a Claim for misappropriation of ideas under implied contract, or <br /> 3. to the extent the Insured would have been liable in the absence of such contract; <br /> Retroactive Date <br /> any related or continuing act, error, omission, misstatement, misleading statement, <br /> misrepresentation, unintentional breach of a contractual obligation, incident or event <br /> where the first such act, error, omission, misstatement, misleading statement, <br /> F00731 <br /> 022019 ed. Page 17 of 24 <br />