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Docusign Envelope ID:C101DF94-8EEA-4210-A163-1FB71C9DF46C <br /> CNA E PS+ <br /> tech + pro + media + security + privacy <br /> Claim means: <br /> A. a written demand (other than an Extortion Demand)for monetary damages or non-monetary relief, including a <br /> demand for injunctive or declaratory relief; <br /> B. a civil proceeding in a court of law or equity or any alternative dispute resolution proceeding; <br /> C. a Privacy Regulation Proceeding, against an Insured, alleging a Wrongful Act including any appeal therefrom. <br /> Claim also means a written request received by the Insured to toll or waive a statute of limitations in connection with <br /> a Claim as defined by paragraphs B. and C. above. <br /> However, a Claim does not include any criminal proceeding or criminal or civil investigation. Nor does a Claim include <br /> any regulatory proceeding except if the regulatory proceeding is a Privacy Regulation Proceeding. <br /> Claim Expenses mean: <br /> A. fees charged by attorneys designated by the Insurer or by the Insured with the written consent of the Insurer; <br /> B. all other reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, <br /> defense and appeal of a Claim if incurred by the Insurer including, but not limited to, premiums for any appeal <br /> bond, attachment bond or similar bond but without any obligation of the Insurer to apply for or furnish any such <br /> bond. <br /> In the event the Insured is entitled by law to select independent counsel to defend the Insured at the Insurer's <br /> expense, Claim Expenses also include fees the Insurer must pay to such counsel provided that such fees are limited <br /> to fees charged in accordance with the rates the Insurer actually pays to counsel the Insurer retains in the ordinary <br /> course of business in the defense of similar Claims in the community where the Claim is being defended; <br /> However, Claim Expenses do not include fees and expenses of independent adjusters or salaries of the Insurer's <br /> officials or employees. <br /> Commerce Operations means the Insured Entity's income producing activities. <br /> Consumer Redress Amounts means a sum of money which the Insured is legally obligated to deposit in a fund as <br /> equitable relief for the payment of consumer claims due to an adverse judgment or settlement of a Privacy <br /> Regulation Proceeding. Consumer Redress Amounts do not include any sums paid which constitute taxes, fines, <br /> penalties, injunctions or sanctions. <br /> Damages mean: <br /> A. settlements,judgments (including any award of pre-judgment and post-judgment interest on a covered judgment), <br /> or other amounts for which the Insured is legally obligated to pay on account of a covered Claim; <br /> B. punitive and exemplary damages and the multiplied portion of multiplied awards (subject to this Policy's other <br /> terms, conditions and limitations). Enforceability of this paragraph shall be governed by such applicable law that <br /> most favors coverage for such punitive, exemplary and multiplied amounts; <br /> C. Consumer Redress Amounts with respect to Insuring Agreement A.S. Privacy Regulation Proceeding only. <br /> However, Damages do not include: <br /> GSL2302XX (Ed 6/11) <br /> Page 4 <br /> Copyright©2011 CNA. All Rights Reserved. <br />