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Associated Industries Insurance Company, Inc. <br /> 800 Superior Avenue <br /> Cleveland, OH 44114 <br />CYS 0122 14 <br />Transfer Account means an account maintained by the Company at a Financial Institution from which <br />the Company can initiate the transfer, payment or delivery of Money or Securities to a Third Party. <br />Unplanned Failure means any unintentional and unplanned interruption of a Company Computer <br />System, other than an interruption caused by a Cyber Attack. <br />Voluntary Notification Costs means the reasonable and necessary costs incurred by the Insured to make <br />voluntary notifications of any actual, alleged or suspected Privacy Breach to any data subject, Third Party, <br />or Regulator, provided the Insured reasonably believes such voluntary notification will mitigate other Loss <br />covered under this Policy. <br />Waiting Period means the period as specified in Item 7. of the Declarations, starting at the beginning of <br />the Business Interruption. <br />EXCLUSIONS <br />No coverage is available under this Policy with respect to any Loss, or any other amounts arising out of: <br />Bodily Injury <br />any actual or alleged physical injury, sickness, disease or death of any natural person, including any mental <br />anguish or emotional distress resulting from such physical injury, sickness, disease or death. <br />Property Damage <br />any actual or alleged damage to or destruction of any tangible property, including loss of use thereof; <br />provided that this exclusion will not apply to Data and System Recovery Costs or Bricking Costs. <br />Electronic data and software are not considered tangible property for purposes of this exclusion. <br />Company Claims <br />any Claim brought by, on behalf of, or at the instigation of the Company or member of Management. <br />Dishonest or Improper Conduct <br />any deliberately criminal, fraudulent, dishonest, or malicious act or omission by any member of <br />Management. However, the Insurer will advance Defense Costs unless and until there is a final non- <br />appealable decision of a court, arbitration tribunal or Regulator in the underlying proceeding establishing <br />such deliberately criminal, fraudulent, dishonest, or malicious act or omission, at which time the <br />Policyholder will promptly repay to the Insurer any amount paid to or on behalf of such member of <br />Management under this Policy. <br />For the purposes of this exclusion, no conduct, act or omission of one Insured will be imputed to any other <br />natural person Insured and only the knowledge possessed by, and any conduct, act or omission of, any <br />past or present member of Management will be imputed to the Company. <br />Legislative <br />any actual, alleged or suspected violations of: <br />(A) the Employment Retirement Income Securities Act of 1974; <br />(B) the Racketeer Influenced and Corrupt Organization Act of 1961; <br />(C) the False Claims Act (31 U.S.C. §§ 3729-3733); or <br />DocuSign Envelope ID: ED55B3D5-BAD0-45B4-977B-F09C4091C16A