Orange County NC Website
<br />TCM-POL-001 (01/19) Page 11 of 16 <br />3. costs or expenses incurred or to be incurred by the Insured or others for the reprinting, reposting, recall, <br />removal or disposal of any Multimedia Material or any other information, content or media including, but not <br />limited to, any media or products containing such Multimedia Material, information, content or media; <br />4.Claim brought by or on behalf of any intellectual property licensing bodies or organizations; <br />5. actual or alleged inaccurate, inadequate or incomplete description of the price of goods, products or services, <br />cost guarantees, cost representations, contract price estimates, false advertising or the failure of any goods or <br />services to conform with any represented quality or performance; <br />6. gambling, contest, lottery, promotional game or other game of chance; or <br />7.Claim made by or on behalf of any independent contractor, joint venturer or venture partner arising out of or <br />resulting from disputes over ownership of rights in Multimedia Material or services provided by such <br />independent contractor, joint venturer or venture partner; <br />S. solely with respect to Coverage E., eCrime Loss: any loss covered under the terms of a commercial crime <br />insurance policy maintained by the Insured Entity, provided that this shall not apply to direct financial loss in <br />excess of the limits of liability of any such insurance policy. <br />T. solely with respect to Coverage F., First Party Loss, any First Party Loss: <br />1. arising from the seizure, nationalization, confiscation, or destruction of property or data by order of any <br />governmental or public authority; <br />2. arising from fire, flood, earthquake, volcanic eruption, explosion, lighting, wind, hail, damage by water, <br />landslide, act of God or any other physical event; <br />3. for additional costs to update, replace, restore, assemble, reproduce, recollect or enhance data or computer <br />systems to a level beyond that which existed prior to a Cyber Event, except as covered under Section V., <br />Supplemental Payments & Services; <br />4. arising from any failure or malfunction of satellites or of power, utility, mechanical or telecommunications <br />(including, but not limited to, the internet) infrastructure or services that are not under the Insured Entity’s <br />direct operational control; or <br />5. covered under the terms of a property insurance policy providing coverage for risks of direct physical loss to <br />property maintained by the Insured Entity, provided that this shall not apply to First Party Loss in excess of <br />the limits of liability of any such insurance policy; <br />V. SUPPLEMENTAL PAYMENTS & SERVICES <br />In addition to the amounts described in Section I., Insuring Agreements, of this Policy, in the event of an actual Cyber <br />Event that results in Breach Costs or First Party Loss that exceeds the Deductible,the Insurer shall also pay the <br />following costs but only to reasonably and significantly reduce the possibility of a similar Cyber Event from occurring <br />in the future: <br />A. up to $10,000 for a third party consultant recommended by the Insurer to provide ongoing assistance to the <br />Insured Entity to improve and upgrade computer security; and <br />B. up to $5,000 for the purchase of computer equipment or computer software recommended by such third party <br />consultant recommended by the Insurer. <br />Such payments shall be part of, and not in addition to, the Aggregate Limit of Liability specified in Item 4. of the <br />Declarations. <br />VI. LIMITS OF LIABILITY <br />A. The Aggregate Limit of Liability specified in Item 4. of the Declarations is the most the Insurer will pay for all Loss <br />under this Policy. Once the Aggregate Limit of Liability has been exhausted, the Insurer shall have no further <br />duty to defend the Insured for any Claim which may otherwise be covered by this Policy. <br />B. The eCrime Loss Sublimit of Liability specified in Item 4. of the Declarations is the maximum amount the Insurer <br />is obligated to pay in the aggregate for direct financial loss arising from an eCrime Event. The eCrime Loss <br />Sublimit of Liability shall be part of, and not in addition to the Aggregate Limit of Liability. <br />C. The Dependent Business Sublimit of Liability specified in Item 4. of the Declarations is the maximum amount the <br />Insurer is obligated to pay in the aggregate for First Party Loss arising from a Dependent Systems Event.The <br />DocuSign Envelope ID: 028D978E-DF71-4D79-863D-8360D7144DD8