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<br />TCM-POL-001 (01/19) Page 4 of 16
<br />4. restriction or hindering of access to a computer system or to data stored on a computer system;
<br />5. interruption or suspension of a computer system; or
<br />6. electronic communication with the Insured Entity’s customers impersonating the Insured Entity in order to
<br />obtain Protected Information.
<br />H.Cyber Terrorism means any act directed against a computer system by an individual or group(s) of individuals,
<br />whether acting alone, on behalf of or in connection with any organization(s) or government(s), to cause
<br />unauthorized access to, unauthorized use of, or a targeted denial of service attack or transmission of
<br />unauthorized, corrupting or harmful software code to a computer system for the purpose of furthering social,
<br />ideological, religious, economic or political objectives, intimidating or coercing a government or the civilian
<br />population thereof, or disrupting any segment of the economy that is not accompanied by, directly associated with
<br />or coordinated with armed conflict or the use of physical force.
<br />I.Damages means a monetary judgment, award or settlement including prejudgment and post-judgment interest,
<br />and punitive damages, exemplary damages or any damages which are a multiple of compensatory damages (if
<br />insurable under the applicable law most favorable to the insurability of punitive, exemplary or multiple damages),
<br />which the Insured becomes legally obligated to pay as the direct result of a covered Claim .
<br />Solely with respect to Coverage B., Cyber Liability, Damages also include:
<br />1. civil fines or penalties levied upon an Insured by a Regulatory Body, provided that this does not include
<br />amounts for matters uninsurable under the law;
<br />2. any fine, penalty, reimbursement, fraud recovery, or assessment imposed upon or owed by an Insured under
<br />the terms of a written agreement between the Insured Entity and a financial institution, credit or debit card
<br />company, credit or debit card processor, merchant bank or any other entity offering or providing merchant
<br />card transaction processing or payment gateway services to the Insured Entity; provided that this does not
<br />include any charge back amounts, interchange fees, discount fees, or other prospective fees owed under
<br />such an agreement; and
<br />3. up to $2,500 for the costs and expenses of complying with any injunctive or other non-monetary relief.
<br />As respects all coverage parts under this Policy, Damages do not include:
<br />a. any amount for which the Insured is not liable or is not legally obligated to pay;
<br />b. except as noted in paragraph 1. and 2. above, any fines or monetary penalties or multiples thereof;
<br />c. taxes or the loss of tax benefits;
<br />d. liquidated damages, but only to the extent that such damages exceed the amount for which the Insured
<br />would have been liable in the absence of such liquidated damages agreement;
<br />e. matters uninsurable under the laws applicable to this Policy;
<br />f. past, present and future earned and unearned royalties, profits, fees, costs, expenses, commissions, and
<br />profits unlawfully or unjustly held or obtained including, but not limited to, the return, offset, disgorgement
<br />or restitution of such royalties, profits, fees, costs, expenses, commissions, and profits unlawfully or
<br />unjustly held or obtained;
<br />g. except as noted in paragraph 3. above, the costs and expenses of complying with any injunctive or other
<br />non-monetary equitable, declaratory, regulatory or administrative relief including, but not limited to,
<br />specific performance, or any agreement to provide such relief;
<br />h. costs incurred by an Insured to correct, re-perform or complete any Professional Services or
<br />Technology Services;and
<br />i. discounts, prizes, awards, coupons or other incentives offered to the Insured’s clients or customers.
<br />J. Deductible means the amount listed in Item 5. of the Declarations and described in Section VII. of this Policy.
<br />K.Dependent Systems Event means the unintentional and unplanned interruption of computers or associated
<br />hardware, software, or firmware, including network devices and backup components owned, leased, operated or
<br />controlled by a third party that provides services or products to the Insured Entity pursuant to a written contract.
<br />L.eCrime Event means:
<br />1. the loss of the Insured Entity’s money or securities that results solely from a wrongful transfer, payment or
<br />delivery of such money or securities by an Insured as a sole result of fraudulent electronic or telephone
<br />instructions provided by a third party, that is intended to mislead the Insured through the misrepresentation of
<br />DocuSign Envelope ID: 028D978E-DF71-4D79-863D-8360D7144DD8
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