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<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 13 <br />Copyright © 2011 CNA. All Rights Reserved. <br />A. ASSUMED LIABILITY <br />based upon or arising out of any assumption of the liability of others under any contract or agreement, except that <br />this exclusion does not apply to liability arising under Section I. INSURING AGREEMENTS, Paragraph E. <br />VICARIOUS LIABILITY or, with respect to Insuring Agreement A.2. Media Liability, liability Assumed Under <br />Contract; <br />B. BODILY INJURY/PROPERTY DAMAGE <br />based upon or arising out of any actual or alleged bodily injury (including death), sickness, disease, emotional <br />distress, mental anguish, of any person, or Property Damage, provided however that this exclusion does not <br />apply to: <br />1. allegations of emotional distress or mental anguish brought under Insuring Agreement A.2. Media Liability; <br />2. the wrongful infliction of emotional distress or mental anguish arising out of Privacy Injury; <br />C. CLAIMS BY INSUREDS <br />by or on behalf of any Insured provided, however that this exclusion does not apply to: <br />1. any Claim that is in the form of a crossclaim, third-party claim or otherwise for contribution or indemnity which <br />is part of and results directly from a Claim which is not otherwise excluded under this Policy; <br />2. any Claim brought or maintained by or on behalf of a bankruptcy or insolvency trustee, examiner, liquidator, <br />receiver or rehabilitator for an Insured Entity or any assignee of such trustee, examiner, liquidator, receiver <br />or rehabilitator; <br />3. any Claim by an Insured (other than an Insured Entity) that alleges Privacy Injury; <br />D. DELIBERATE ACTS/COMMINGLING OR MISAPPROPRIATION OF FUNDS <br />based upon or arising out of any dishonest, fraudulent, criminal or malicious act or omission, commingling, <br />misappropriation or misuse of funds, intentional wrongdoing or knowing violation of any contract or agreement by <br />or on behalf of an Insured. The Insurer shall pay Claim Expenses of such Claims unless or until a final <br />judgment, ruling or other finding of fact in any proceeding establishes that such act, omission, commingling, <br />misappropriation, misuse or violation was committed. If such act, or such commingling, misappropriation, misuse <br />or violation is so determined to have been committed, the Insured will reimburse the Insurer for all Claim <br />Expenses paid. The Insurer will not defend any criminal act which was the subject of a criminal prosecution in <br />which the Insured was found guilty or pleaded guilty, nolo contendere or no contest. Criminal proceedings are not <br />covered under this Policy regardless of the allegations made against any Insured. Provided, however, that solely <br />with respect to Insuring Agreement A.2. Media Liability, this exclusion does not apply to any such act if an <br />attorney for the Insured Entity approves of such act in advance based upon a good faith belief that such act is <br />protected by the First Amendment to the United States Constitution or any similar law of another jurisdiction; <br />For purposes of determining the applicability of this exclusion: <br />1. the facts pertaining to and knowledge possessed by any natural person Insured shall not be imputed to any <br />other natural person Insured; and, <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47