2023-041-E-IT Dept-RecTrac-Parks and Rec

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TCM-POL-001 (01/19) Page 12 of 16 Dependent Business Sublimit of Liability shall be part of, and not in addition to the Aggregate Limit of Liability. D. The Aggregate Limit of Liability specified in Item 4. of the Declarations is the maximum the Insurer will pay regardless of the number of Insureds, individuals or organizations that make a Claim, the number of Claims made, the number of incidents, or the number of Dependent System Events,Cyber Events,eCrime Events, Supplemental Payments & Services or actual or alleged wrongful acts VII. DEDUCTIBLE The Deductible, as shown in Item 5. of the Declarations, applies separately to each act, incident or event giving rise to Breach Costs,Claims Expenses,Damages, direct financial loss or First Party Loss under Coverages A., B., C., D., E. and F., provided however, that multiple incidents or events arising from the same or a series of related or repeated acts or from any continuing acts, shall be considered a single incident or event for the purposes of this Policy and only one Deductible shall apply to all resulting Loss. The Insurer shall only be obligated to pay any Loss under this Policy in excess of the Deductible , provided that if services are recommended by the Crum & Forster Cyber Response Team shown in Item 11. of the Declarations, and the Insured Entity agrees to utilize only those vendors nominated by the Crum & Forster Cyber Response Team, then the Deductible shall not apply to the following Breach Costs: A. for an attorney to provide necessary legal advice to the Insured Entity to evaluate the Insured Entity’s legal obligations in connection with an actual or reasonable suspected Cyber Event; and B. for a computer security expert, or experts, to determine the existence, cause and scope of a Cyber Event as well as the costs to contain an ongoing Cyber Event, including the cost to retain a PCI Forensic Investigator if required by a written agreement between the Insured Entity and a financial institution, credit or debit card company, credit or debit card processor, merchant bank or any other entity offering or providing merchant card transaction processing or payment gateway services to the Insured Entity. The Deductible shall be borne by the Named Insured. In the event that this Policy provides coverage for Loss in excess of the limits available under other insurance, then the Insurer shall recognize payment by the Insured Entity of any retention or deductible applicable to such other insurance against the Deductible. VIII. NOTICE REQUIREMENTS A. The Named Insured must give the Insurer written notice of any Claim as soon as practicable, but in no event later than: (i) 60 days after the end of the Policy Period; or (ii) the expiration of any applicable Extended Reporting Period. Notice must be provided through the contacts listed in Item 10. of the Declarations. All notices of Claims must provide the following information: the potential claimant(s) by name or description, the names of the Insureds involved, the time, date, location and the description of the specific incident which forms the basis of the Claim including the nature of the potential Damages arising from such specific Claim or incident, the circumstances by which the Insured first became aware of the specific Claim, and the reason the Insured reasonably believes the subject Claim is likely to trigger coverage under this Policy. B. With respect to Breach Costs, the Named Insured must notify the Insurer of any actual or reasonably suspected Cyber Event as soon as practicable after discovery by the Insured but in no event later than 60 days after the end of the Policy Period. Notice may be provided to the Crum & Forster Cyber Response Team shown in Item 11. of the Declarations. Otherwise notice must be provided through the contacts listed in Item 10. of the Declarations. Notice of an actual or reasonably suspected Cyber Event in conformance with this paragraph will also constitute notice of a circumstance that could reasonably be the basis for a Claim . C. With respect a Cyber Extortion Threat, the Named Insured must notify the Insurer via the email address listed in Item 10. of the Declarations as soon as practicable after discovery of a Cyber Extortion Threat but in no event later than 60 days after the end of the Policy Period. The Named Insured must obtain the Insurer’s consent prior to paying any ransom or demand related to a Cyber Extortion Threat. D. With respect to any other First Party Loss or a loss from an eCrime Event, the Named Insured must notify the Insurer through the contacts listed in Item 10. of the Declarations as soon as practicable after discovery of the Cyber Event or eCrime Event.The Named Insured will provide the Insurer a proof of First Party Loss or DocuSign Envelope ID: 028D978E-DF71-4D79-863D-8360D7144DD8