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<br />TCM-POL-001 (01/19) Page 10 of 16
<br />4. directly or indirectly respond to or address any government direction or request that the Insured test for,
<br />monitor, clean up, remove, contain, treat, detoxify or neutralize hazardous substances;
<br />N. any actual or alleged violation of the federal Fair Debt Collection Practices Act (FDCPA);
<br />O. any employment or labor relations policies, practices, acts or omissions, or any actual or alleged refusal to employ
<br />any person, or misconduct with respect to employees, whether such Claim is brought by an employee, former
<br />employee, applicant for employment, or relative or domestic partner of such person; provided, that this exclusion
<br />shall not apply to Coverage B., Cyber Liability, as respects an otherwise covered Claim by a current or former
<br />employee of the Insured Entity for Damages arising strictly from a Cyber Event;
<br />P. solely with respect to Coverage A., Technology E&O and Professional Liability:
<br />1. any Technology/Professional Error committed or occurring prior to the Retroactive Date;
<br />2. any liability assumed in any hold harmless or indemnity agreement other than a hold harmless or indemnity
<br />agreement with respect to intellectual property rights or breaches of the confidentiality of information of any
<br />third party;
<br />3. the actual or alleged inaccurate, inadequate or incomplete description of the price of goods, products or
<br />services, cost guarantees, cost representations, contract price estimates, or the failure of any goods or
<br />services to conform with any represented quality or performance;
<br />4. any gambling, contest, lottery, promotional game or other game of chance;
<br />5. any breach of any express warranty or representation, except for an agreement to perform within a
<br />reasonable standard of care or skill consistent with applicable industry standards, or breach of any other
<br />contractual obligation which goes beyond an express or implied duty to exercise a degree of care or skill
<br />consistent with applicable industry standards;
<br />6. any breach of guarantee, promises of cost savings, profits or return on investment;
<br />7. delay in delivery or performance, or failure to deliver or perform at or within an agreed upon period of time, but
<br />this exclusion shall not apply if such delay or failure to deliver or perform is a consequence of a negligent act,
<br />error or omission committed during the course of providing Professional Services or Technology Services
<br />if the Insured has made diligent efforts to deliver or perform such Professional Services or Technology
<br />Services;
<br />8. any costs or expenses incurred or to be incurred by an Insured or others for the withdrawal, recall,
<br />inspection, repair, replacement, reproduction, removal or disposal of: (a) Technology Products including, but
<br />not limited to, any products or other property of others that incorporate Technology Products; (b) work
<br />product resulting from or incorporating the results of Professional Services or Technology Services; or (c)
<br />any products or other property on which Professional Services or Technology Services have been
<br />performed;
<br />9. any Claim covered under the terms of a commercial general liability insurance policy maintained by the
<br />Insured Entity, provided that this shall not apply to Damages or Claims Expenses in excess of the limits of
<br />liability of any such insurance policy; or
<br />10. any actual or alleged deceptive trade practices, unfair trade practices, violation of consumer protection laws,
<br />antitrust violation, restraint of trade, unfair competition, false advertising, deceptive advertising, misleading
<br />advertising or violation of the Sherman Antitrust Act, the Clayton Act or the Robinson-Patman Act, as
<br />amended;
<br />Q. solely with respect to Coverages B., Cyber Liability, and C., Multimedia Liability:
<br />1. any actual or alleged violation from the failure to properly truncate credit, debit or payment card information on
<br />receipts or statements as required by the Fair and Accurate Credit Transactions Act of 2003 (FACTA);
<br />2. any Claim covered under the terms of a commercial general liability insurance policy, or an employment
<br />practices liability insurance policy maintained by the Insured Entity, provided that this shall not apply to
<br />Damages or Claims Expenses in excess of the limits of liability of any such insurance policy; and
<br />3. the ownership, sale or purchase of, or the offer to sell or purchase stock or other securities, or an actual or
<br />alleged violation of a securities law or regulation;
<br />R. solely with respect to Coverage C., Multimedia Liability, any:
<br />1. contractual liability or obligation; but this exclusion will not apply to a Claim for misappropriation of ideas
<br />under implied contract;
<br />2. actual or alleged obligation to make licensing fee or royalty payments;
<br />DocuSign Envelope ID: 028D978E-DF71-4D79-863D-8360D7144DD8
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