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Associated Industries Insurance Company, Inc. <br /> 800 Superior Avenue <br /> Cleveland, OH 44114 <br />CYS 0122 8 <br />Fraudulent Instruction means the transfer, payment or delivery of Money or Securities by an Insured as <br />a direct result of a fraudulent instruction provided by a Third Party, that is intended to mislead an Insured <br />by misrepresenting material facts to such Insured. <br />Fraudulent Instruction will not include loss arising out of: <br />(A) fraudulent instructions received by the Insured which are not first authenticated via a method <br />other than the original means of request to verify the authenticity or validity of the request; <br />(B) any loss, transfer, payment or delivery of monies, securities or tangible property of a Third Party <br />held in escrow by the Company; <br />(C) any actual or alleged use of credit, debit, charge, access, convenience, customer identification <br />or other cards; <br />(D) the processing of, or the failure to process, credit, check, debit, personal identification number <br />debit, electronic benefit transfers or mobile payments for merchant accounts; <br />(E) accounting or arithmetical errors or omissions, or the failure, malfunction, inadequacy or <br />illegitimacy of any product or service; <br />(F) any indirect or consequential loss of any kind; or <br />(G) any liability to any Third Party, or any legal costs or legal expenses. <br />Funds Transfer Fraud means the transfer, payment or delivery of Money or Securities by a Financial <br />Institution as a direct result of a fraudulent instruction provided by a Third Party directing such institution <br />to transfer, pay or deliver Money or Securities from a Transfer Account without the Company's <br />knowledge or consent. <br />Funds Transfer Fraud will not include any loss arising out of any: <br />(A)Cyber Deception covered by the Company’s financial institution bond or commercial crime <br />policy; <br />(B) fraudulent, dishonest or criminal act or omission by, or involving, any Insured Person; <br />(C) indirect or consequential loss of any kind; <br />(D) punitive, exemplary or multiplied damages of any kind or any fines, penalties or loss of any tax <br />benefit; <br />(E) liability to any Third Party or any legal costs or legal expenses; <br />(F) theft, disappearance, destruction of, unauthorized access to, or unauthorized use of confidential <br />information, including authorization codes or security codes; <br />(G) forged, altered or fraudulent negotiable instruments, securities, documents or instructions; or <br />(H) use of payment cards or information contained on such cards. <br />DocuSign Envelope ID: ED55B3D5-BAD0-45B4-977B-F09C4091C16A