2025-378-E-IT Dept-RecTrac-Remove CYMS module

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Docusign Envelope ID:C101DF94-8EEA-4210-A163-1FB71C9DF46C CNA E PS+ tech + pro + media + security + privacy Regulation Investigation or Extortion Demand in accordance with Section VI. CONDITIONS, paragraph B. NOTICE OF CLAIM OR CIRCUMSTANCE/PRE-CLAIMS ASSISTANCE/DATE OF CLAIM, and such amounts are consented to in writing by the Insurer, such consent not to be unreasonably withheld. E. VICARIOUS LIABILITY 1. Third Party Vicarious Liability Coverage Any entity or natural person the Insured Entity is required by written contract to include as an insured for liability of such entity or natural person for an Insured's Wrongful Acts shall be insured under this Policy but solely to the extent that a Claim is made against such entity or natural person for a Wrongful Act of an Insured, and only so long as the written contract is entered into before such Claim occurs, provided: a. there shall be no coverage afforded to such entity or natural person for its Wrongful Acts; and, b. nothing herein shall serve to confer any rights or duties to such person or entity under this Policy, other than as provided in this paragraph. 2. Assumed Liability of Insured The Insured Entity is insured for liability it assumes in a written contract or agreement under which it assumes the tort liability (liability that would be imposed by law in the absence of any contract or agreement) of another party incurred by such third party as a result of an Insured's Wrongful Act provided the Wrongful Act gives rise to a Claim and occurs subsequent to the execution of such contract or agreement. Solely for the purposes of liability assumed by the Insured Entity in such contract or agreement reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be Damages provided: a. liability to such party for, or for the cost of, that party's defense has also been assumed in such contract or agreement; and, b. such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which Damages to which this insurance applies are alleged. Any coverage afforded by this paragraph is subject always to all of the Policy's terms, conditions and exclusions. II. DEFINITIONS The following defined words shall have the same meaning throughout this Policy, whether expressed in the singular or the plural. Application means all signed applications, any attachments to such applications, other materials submitted therewith or incorporated therein, and any other documents submitted in connection with the underwriting of this Policy by the Insurer, or any other policy underwritten by the Insurer or its affiliates of which this Policy is a direct or indirect renewal or replacement. Assumed Under Contract means liability of others, for Matter furnished by the Insured, that the Insured agrees to assume under a hold harmless or indemnity agreement but only to the extent such liability arises out of any Wrongful Act. GSL2302XX (Ed 6/11) Page 3 Copyright©2011 CNA. All Rights Reserved.