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<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 21 <br />Copyright © 2011 CNA. All Rights Reserved. <br />a. provide notice to the Insurer as soon as practicable; <br />b. such notice should include particular details as to the nature of the Network Impairment; and, <br />c. immediately forward to the Insurer all information the Insured Entity possesses or receives in connection <br />with the Network Impairment. <br />4. Pre-Claims Assistance <br />a. Insurer’s Discretionary Investigation <br />Until the date a Claim is made, the Insurer may pay for all costs or expenses it incurs, at its sole <br />discretion and without any obligation, as a result of investigating a circumstance that the Insured reports <br />in accordance with subparagraph 2. Notice of Circumstance above. Such costs and expenses are <br />outside the limits or liability and not subject to the retention. <br />b. Insurer’s Discretionary Remediation <br />If the Insurer elects to investigate a circumstance pursuant to paragraph 4.a. above, and such <br />investigation results in recommended remediation measures that both the Insurer and the Named <br />Insured mutually agree to undertake, the Insurer shall reimburse the Insured for reasonable costs and <br />expenses to enact such recommended remediation measures if such costs and expenses were approved <br />by the Insurer in advance. Such costs and expenses are within the limits of liability, subject to the <br />retention and the coinsurance percentage provided below and subject to a sublimit of liability in the <br />amount of 10% of the aggregate limit of liability. <br />The Insureds shall bear uninsured the percentage provided on the declarations as a coinsurance <br />percentage applied to all costs and expenses incurred pursuant to this paragraph b. The coinsurance <br />percentage is in addition to the applicable retention and the Insurer is only liable to pay the remaining <br />percentage of costs and expenses in excess of the applicable retention and coinsurance percentage. <br />5. When a Claim is Deemed Made <br />Except as provided in subparagraph 2. Notice of Circumstance, above, a Claim shall be deemed made: <br />a. in the case of a written demand for monetary damages or non-monetary relief, on the earlier of the <br />Executive Officer’s or Insurer's receipt of notice of such demand; <br />b. in the case of a civil proceeding in a court of law or equity or arbitration, on the date of service upon or <br />other receipt by any Executive Officer a complaint against the Insured in such proceeding or arbitration; <br />c. in the case of a Privacy Regulation Proceeding, on the date of receipt by such Executive Officer of a <br />written notice from the investigating authority identifying such Insured as an individual or entity against <br />whom a proceeding will be commenced. <br />6. To Whom Notices are Sent <br />The Insureds shall give written notice to the Insurer under this Policy as specified in the Declarations. If <br />mailed, the date the Insurer receives such notice shall constitute the date such notice was given. Proof of <br />mailing shall be sufficient proof of notice. <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47