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<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 19 <br />Copyright © 2011 CNA. All Rights Reserved. <br />1. If Related Claims are subsequently made against the Insured and reported to the Insurer, all such Related <br />Claims, whenever made, shall be considered a single Claim subject to the limit of liability applicable to the <br />earliest such Claim first reported to the Insurer. <br />2. If there is more than one Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network <br />Impairment involving the same act, error or omission or acts, errors or omissions that are logically or causally <br />connected by any common fact, circumstance, situation, transaction, event, advice or decision, then each <br />such Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network Impairment shall <br />be considered as one Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network <br />Impairment which shall be subject to the Privacy Event, the Extortion Demand, the Privacy Regulation <br />Investigation, or the Network Impairment limit applicable to the earliest such Privacy Event, Extortion <br />Demand, Privacy Regulation Investigation, or Network Impairment reported to the Insurer under this <br />Policy or under any prior policy. <br />E. MULTIPLE INSUREDS, CLAIMS AND CLAIMANTS <br />The limits of liability shown in the Declarations and subject to the provisions of this Policy is the amount the <br />Insurer will pay for Damages, Claim Expenses, Privacy Event Expenses, Extortion Payments, Privacy <br />Regulation Investigation Expenses and First Party Loss regardless of the number of Insureds, Claims made, <br />Privacy Events, Extortion Demands, Privacy Regulation Investigations, persons or entities making Claims. <br />VI. CONDITIONS <br />A. SETTLEMENT/DEFENSE OF CLAIMS <br />1. Defense/Settlement <br />The Insurer shall have the right and duty to defend in the Insured’s name and on the Insured’s behalf a <br />Claim, other than a Privacy Regulation Proceeding, even if any of the allegations of the Claim are <br />groundless, false or fraudulent. The Insurer has the right to make such investigation and conduct negotiations <br />and enter into such settlement of any Claim as the Insurer deems necessary. The Insureds and not the Insurer <br />have the duty to defend any Privacy Regulation Proceedings. The Insurer shall be entitled to effectively <br />associate in the defense and the negotiation of any settlement of any Privacy Regulation Proceeding that <br />involves or appears reasonably likely to involve the Insurer. Each Insured shall give the Insurer full <br />cooperation and shall furnish the Insurer with copies of reports, investigations, pleadings, and all related <br />papers, and such other information and assistance as the Insurer may reasonably request. <br />2. Consent to Settlement <br />The Insurer shall not settle any Claim without the prior written consent of the Named Insured. If however, the <br />Named Insured refuses to consent to such settlement or compromise recommended by the Insurer and <br />agreed to by the claimant, the Insurer’s duty to defend shall then cease and the Named Insured shall <br />thereafter at the Named Insured's own expense negotiate or defend such Claim independently of the <br />Insurer, and the Insurer’s limit of liability for such Claim shall be reduced to: <br />a. the amount of the proposed settlement plus Claim Expenses incurred up to the date of the Named <br />Insured’s refusal to consent to such proposed settlement; <br />plus: <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47