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 1. civil or criminal fines, penalties, taxes, sanctions or forfeitures, imposed on an Insured, except that this does not apply to Privacy Regulation Fines and Consumer Redress Amounts; 2. fees, costs and expenses paid or incurred or charged by any Insured, no matter whether claimed as restitution of specific funds, financial loss, mitigation expenses, set-off amounts or payments in the form of service credits or coupons or other non-cash consideration; 3. liquidated damages pursuant to a written contract or agreement in excess of the Insured's liability caused by the Wrongful Act; 4. the Insured's production costs, or the Insured's cost of reprinting, recalling, recovering, shipping, mailing, correcting, reprocessing, restoring, repairing, replacing, or reproducing erroneous, damaged or lost tangible property or Matter; 5. any amount attributable to the cost of any non-monetary relief, including without limitation any costs associated with compliance with any injunctive relief of any kind or nature; 6. funds, monies, or securities that an Insured transferred or failed to transfer; 7. any loss of investment income; 8. any amounts assessed as royalty fees or payments; 9. any amount for which an Insured is absolved from payment by reason of any covenant, agreement or court order; 10. plaintiff's attorney fees or expenses associated with items 1. through 9. above. Domestic Partner means any spouse and any person qualifying as a domestic partner under any federal, state, foreign or other law (including common law), statute or regulation or under the Insured Entity's employee benefit plans. Denial of Service Attack means an attack executed over one or more Networks or the internet, which attack is designed and intended to disrupt the operation of one or more Networks and render the Networks inaccessible to authorized users. Electronic Infection means the transmission of a computer virus. ERISA or any Similar Act means the Employee Retirement Income Security Act of 1974, as amended, or any similar common or statutory law of the United States, Canada or their states, territories or provinces or any other jurisdiction anywhere in the world. Executive Officer means: A. any duly elected or appointed Chief Executive Officer, Chief Financial Officer, Chief Information Officer, Chief Privacy Officer, Chief Security Officer, Chief Risk Officer, Chief Legal Officer, Risk Manager, General Counsel, in- house attorney designated to be in charge of litigation, or the functional equivalent of any of the foregoing, of the Named Insured; B. an official in an Insured Entity organized and operated in a Foreign Jurisdiction who is holding a position that is equivalent to an executive position listed in A. above. GSL2302XX (Ed 6/11) Page 5 Copyright©2011 CNA. All Rights Reserved.