Orange County NC Website
Browse       Search
<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 6 <br />Copyright © 2011 CNA. All Rights Reserved. <br />Exploit means Unauthorized Access, Electronic Infection or a Denial of Service Attack by a third party. <br />Extortion Demand means an incident or series of related incidents occurring during the Policy Period where an <br />Insured Entity receives a threat to launch an attack on, to suspend, or to otherwise disrupt a Network, disrupt or <br />deface the Insured Entity’s website or release or use Protected Information in the Insured Entity’s care, unless <br />monies are paid or specified action is taken, and an Executive Officer believes there is an imminent and probable <br />danger of such action. An Extortion Demand does not include any demand seeking monies from the Insured Entity <br />that are allegedly due and owing pursuant to contract or operation of law. <br />Extortion Payment means all reasonable and necessary expenses incurred by the Insured Entity with the Insurer’s <br />prior consent, in order to respond to an Extortion Demand, including payment of monies demanded by an <br />extortionist. Extortion Payments do not include such expenses to the extent the Insured Entity has recovered such <br />expenses or been reimbursed for them from any other source. <br />Extra Expense means any reasonable and necessary expenses, in excess of the Insured Entity’s normal operating <br />expenses, that the Insured Entity incurs during the Period of Restoration associated with restoring and resuming <br />Commerce Operations, including: <br />A. reasonable expense incurred to minimize the interruption of Commerce Operations not covered elsewhere in <br />this Policy; and, <br />B. reasonable expense incurred to resume Commerce Operations on a temporary basis, including those <br />associated with securing temporary third party Internet Service Provider services, temporary website and/or e- <br />mail hosting services, rental of temporary Networks, other temporary equipment or service contracts. <br />First Party Loss means: <br />A. the amount of net income, before interest, tax, depreciation or amortization, that the Insured Entity would have <br />earned during the Period of Restoration but for the Network Impairment; and, <br />B. Extra Expense. <br />However, First Party Loss does not include: <br />1. ordinary operating expenses incurred by the Insured Entity during the Period of Restoration; <br />2. costs or expenses to update, upgrade, enhance, or replace the Insured’s Network beyond that which existed <br />prior to the occurrence of the Network Impairment; <br />3. costs or expenses the Insured Entity incurs to prove or document First Party Loss; <br />4. Privacy Event Expenses and Extortion Payments. <br />Foreign Jurisdiction means any jurisdiction, other than the United States or any of its territories or possessions. <br />Insured means the Insured Entity and: <br />A. any natural person who was, is or becomes an employee (including leased and temporary employees), director, <br />officer, trustee, manager, member or partner of the Insured Entity but solely with respect to a Wrongful Act <br />committed within the scope of such individual’s duties on behalf of the Insured Entity; <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47