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Includes copyrighted material of Insurance <br />GA 233 09 17 <br />Services Office, Inc., with its permission.Page 4 of 17 <br />(d) Insufficiency Of Funds <br />Damages arising out of an <br />insufficiency of funds to <br />meet any obligations under <br />any plan included in the <br />"employee benefit program". <br />(e) Inadequacy Of Perfor- <br />mance Of Invest- <br />ment/Advice Given With <br />Respect To Participation <br />Any claim based upon: <br />1)Failure of any invest- <br />ment to perform; <br />2)Errors in providing in- <br />formation on past per- <br />formance of investment <br />vehicles; or <br />3)Advice given to any <br />person with respect to <br />that person's decision to <br />participate or not to par- <br />ticipate in any plan in- <br />cluded in the "employee <br />benefit program". <br />(f) Workers' Compensation <br />And Similar Laws <br />Any claim arising out of your <br />failure to comply with the <br />mandatory provisions of any <br />workers' compensation, un- <br />employment compensation <br />insurance, social security or <br />disability benefits law or any <br />similar law. <br />(g) ERISA <br />Damages for which any in- <br />sured is liable because of li- <br />ability imposed on a fiduci- <br />ary by the Employee Re- <br />tirement Income Security <br />Act of 1974, as now or <br />hereafter amended, or by <br />any similar federal, state or <br />local laws. <br />(h) Available Benefits <br />Any claim for benefits to the <br />extent that such benefits are <br />available, with reasonable <br />effort and cooperation of the <br />insured, from the applicable <br />funds accrued or other col- <br />lectible insurance. <br />(i) Taxes, Fines Or Penalties <br />Taxes, fines or penalties, in- <br />cluding those imposed un- <br />der the Internal Revenue <br />Code or any similar state or <br />local law. <br />(j) Employment-Related Prac- <br />tices <br />Any liability arising out of <br />any: <br />(1)Refusal to employ; <br />(2)Termination of employ- <br />ment; <br />(3)Coercion, demotion, <br />evaluation, reassign- <br />ment, discipline, defa- <br />mation, harassment, <br />humiliation, discrimina- <br />tion or other employ- <br />ment - related practices, <br />acts or omissions; or <br />(4)Consequential liability <br />as a result of (1), (2) or <br />(3)above. <br />This exclusion applies <br />whether the insured may be <br />held liable as an employer <br />or in any other capacity and <br />to any obligation to share <br />damages with or repay <br />someone else who must pay <br />damages because of the in- <br />jury. <br />(3) Supplementary Payments <br />Section I - Coverages, Sup- <br />plementary Payments - Cover- <br />ages A And B <br />also apply to this <br />Coverage. <br />b. Who Is An Insured <br />As respects Employee Benefit Lia- <br />bility Coverage, Section II - Who Is <br />An Insured is replaced by the follow- <br />ing: <br />(1)If you are designated in the Dec- <br />larations as: <br />(a)An individual, you and your <br />spouse are insureds, but on- <br />ly with respect to the con- <br />duct of a business of which <br />you are the sole owner. <br />(b)A partnership or joint ven- <br />ture, you are an insured. <br />Your members, your part- <br />DocuSign Envelope ID: 40A229C5-D4FB-45FE-AB8A-DFDF4EE51ADF