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<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 4 <br />Copyright © 2011 CNA. All Rights Reserved. <br />Claim means: <br />A. a written demand (other than an Extortion Demand) for monetary damages or non-monetary relief, including a <br />demand for injunctive or declaratory relief; <br />B. a civil proceeding in a court of law or equity or any alternative dispute resolution proceeding; <br />C. a Privacy Regulation Proceeding, against an Insured, alleging a Wrongful Act including any appeal therefrom. <br />Claim also means a written request received by the Insured to toll or waive a statute of limitations in connection with <br />a Claim as defined by paragraphs B. and C. above. <br />However, a Claim does not include any criminal proceeding or criminal or civil investigation. Nor does a Claim include <br />any regulatory proceeding except if the regulatory proceeding is a Privacy Regulation Proceeding. <br />Claim Expenses mean: <br />A. fees charged by attorneys designated by the Insurer or by the Insured with the written consent of the Insurer; <br />B. all other reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, <br />defense and appeal of a Claim if incurred by the Insurer including, but not limited to, premiums for any appeal <br />bond, attachment bond or similar bond but without any obligation of the Insurer to apply for or furnish any such <br />bond. <br />In the event the Insured is entitled by law to select independent counsel to defend the Insured at the Insurer's <br />expense, Claim Expenses also include fees the Insurer must pay to such counsel provided that such fees are limited <br />to fees charged in accordance with the rates the Insurer actually pays to counsel the Insurer retains in the ordinary <br />course of business in the defense of similar Claims in the community where the Claim is being defended; <br />However, Claim Expenses do not include fees and expenses of independent adjusters or salaries of the Insurer’s <br />officials or employees. <br />Commerce Operations means the Insured Entity’s income producing activities. <br />Consumer Redress Amounts means a sum of money which the Insured is legally obligated to deposit in a fund as <br />equitable relief for the payment of consumer claims due to an adverse judgment or settlement of a Privacy <br />Regulation Proceeding. Consumer Redress Amounts do not include any sums paid which constitute taxes, fines, <br />penalties, injunctions or sanctions. <br />Damages mean: <br />A. settlements, judgments (including any award of pre-judgment and post-judgment interest on a covered judgment), <br />or other amounts for which the Insured is legally obligated to pay on account of a covered Claim; <br />B. punitive and exemplary damages and the multiplied portion of multiplied awards (subject to this Policy’s other <br />terms, conditions and limitations). Enforceability of this paragraph shall be governed by such applicable law that <br />most favors coverage for such punitive, exemplary and multiplied amounts; <br />C. Consumer Redress Amounts with respect to Insuring Agreement A.5. Privacy Regulation Proceeding only. <br />However, Damages do not include: <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47