Orange County NC Website
Browse       Search
<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 20 <br />Copyright © 2011 CNA. All Rights Reserved. <br />b. fifty percent (50%) of Claim Expenses, in excess of the amount referenced in paragraph a. above. <br />3. Exhaustion of Limits <br />The Insurer shall not be obligated to investigate, defend, pay or settle, or continue to investigate, defend, pay <br />or settle a Claim after the applicable limit of liability has been exhausted by payment of Damages or Claim <br />Expenses, or any combination thereof. In such case, the Insurer shall have the right to withdraw from the <br />further investigation, defense, payment or settlement of such Claim by tendering control of said investigation, <br />defense or settlement of the Claim to the Insured. <br />B. NOTICE OF CLAIM, CIRCUMSTANCE OR NETWORK IMPAIRMENT/PRE-CLAIMS ASSISTANCE/DATE OF <br />CLAIM <br />1. Notice of Claim, Extortion Demand, Privacy Event or Privacy Regulation Investigation <br />The Insured, as a condition precedent to the obligations of the Insurer shall give written notice of any Claim, <br />Extortion Demand or Privacy Event to the Insurer as soon as reasonably practicable after any Executive <br />Officer learns of such Claim, Extortion Demand, Privacy Event or Privacy Regulation Investigation but <br />in no event later than ninety (90) days after termination or expiration of the Policy Period or any subsequent <br />renewal Policy Period in an uninterrupted series of renewals, or prior to the expiration of the Extended <br />Reporting Period, if applicable. Failure to give such notice as soon as reasonably practicable shall not <br />invalidate coverage of such Claim, unless the failure to provide timely notice has prejudiced the Insurer or <br />unless the notice is provided ninety (90) days after termination or expiration of the Policy Period or any <br />subsequent renewal Policy Period in an uninterrupted series of renewals, or prior to the expiration of the <br />Extended Reporting Period, if applicable. <br />2. Notice of Circumstance <br />If during the Policy Period the Insureds first become aware of any facts or circumstances which may <br />reasonably be expected to give rise to a Claim and during such Policy Period give written notice to the <br />Insurer of: <br />a. the allegations anticipated as the basis of the potential Claim and the names of any potential claimants; <br />b. the identity of the specific Insureds allegedly responsible for such specific facts and circumstances; <br />c. the consequences which have resulted or may result from such specific facts and circumstances; <br />d. the amount of the potential monetary damages or the nature of non-monetary relief which may be sought <br />in consequence of such specific facts and circumstances; and <br />e. the circumstances by which Insureds first became aware of such specific facts and circumstances, <br />then any such covered Claim which is subsequently made and which arises out of such facts and <br />circumstances shall be deemed to have been first made against the Insured and reported to the Insurer by <br />the Insureds at the time such written notice was received by the Insurer. <br />3. Notice of Network Impairment <br />If a Network Impairment takes place or is reasonably likely to take place, the Insured Entity must do the <br />following: <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47