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<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 5 <br />Copyright © 2011 CNA. All Rights Reserved. <br />1. civil or criminal fines, penalties, taxes, sanctions or forfeitures, imposed on an Insured, except that this does not <br />apply to Privacy Regulation Fines and Consumer Redress Amounts; <br />2. fees, costs and expenses paid or incurred or charged by any Insured, no matter whether claimed as restitution of <br />specific funds, financial loss, mitigation expenses, set-off amounts or payments in the form of service credits or <br />coupons or other non-cash consideration; <br />3. liquidated damages pursuant to a written contract or agreement in excess of the Insured’s liability caused by the <br />Wrongful Act; <br />4. the Insured’s production costs, or the Insured’s cost of reprinting, recalling, recovering, shipping, mailing, <br />correcting, reprocessing, restoring, repairing, replacing, or reproducing erroneous, damaged or lost tangible <br />property or Matter; <br />5. any amount attributable to the cost of any non-monetary relief, including without limitation any costs associated <br />with compliance with any injunctive relief of any kind or nature; <br />6. funds, monies, or securities that an Insured transferred or failed to transfer; <br />7. any loss of investment income; <br />8. any amounts assessed as royalty fees or payments; <br />9. any amount for which an Insured is absolved from payment by reason of any covenant, agreement or court order; <br />10. plaintiff’s attorney fees or expenses associated with items 1. through 9. above. <br />Domestic Partner means any spouse and any person qualifying as a domestic partner under any federal, state, <br />foreign or other law (including common law), statute or regulation or under the Insured Entity’s employee benefit <br />plans. <br />Denial of Service Attack means an attack executed over one or more Networks or the internet, which attack is <br />designed and intended to disrupt the operation of one or more Networks and render the Networks inaccessible to <br />authorized users. <br />Electronic Infection means the transmission of a computer virus. <br />ERISA or any Similar Act means the Employee Retirement Income Security Act of 1974, as amended, or any similar <br />common or statutory law of the United States, Canada or their states, territories or provinces or any other jurisdiction <br />anywhere in the world. <br />Executive Officer means: <br />A. any duly elected or appointed Chief Executive Officer, Chief Financial Officer, Chief Information Officer, Chief <br />Privacy Officer, Chief Security Officer, Chief Risk Officer, Chief Legal Officer, Risk Manager, General Counsel, in- <br />house attorney designated to be in charge of litigation, or the functional equivalent of any of the foregoing, of the <br />Named Insured; <br />B. an official in an Insured Entity organized and operated in a Foreign Jurisdiction who is holding a position that is <br />equivalent to an executive position listed in A. above. <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47