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 Exploit means Unauthorized Access, Electronic Infection or a Denial of Service Attack by a third party. Extortion Demand means an incident or series of related incidents occurring during the Policy Period where an Insured Entity receives a threat to launch an attack on, to suspend, or to otherwise disrupt a Network, disrupt or deface the Insured Entity's website or release or use Protected Information in the Insured Entity's care, unless monies are paid or specified action is taken, and an Executive Officer believes there is an imminent and probable danger of such action. An Extortion Demand does not include any demand seeking monies from the Insured Entity that are allegedly due and owing pursuant to contract or operation of law. Extortion Payment means all reasonable and necessary expenses incurred by the Insured Entity with the Insurer's prior consent, in order to respond to an Extortion Demand, including payment of monies demanded by an extortionist. Extortion Payments do not include such expenses to the extent the Insured Entity has recovered such expenses or been reimbursed for them from any other source. Extra Expense means any reasonable and necessary expenses, in excess of the Insured Entity's normal operating expenses, that the Insured Entity incurs during the Period of Restoration associated with restoring and resuming Commerce Operations, including: A. reasonable expense incurred to minimize the interruption of Commerce Operations not covered elsewhere in this Policy; and, B. reasonable expense incurred to resume Commerce Operations on a temporary basis, including those associated with securing temporary third party Internet Service Provider services, temporary website and/or e- mail hosting services, rental of temporary Networks, other temporary equipment or service contracts. First Party Loss means: A. the amount of net income, before interest, tax, depreciation or amortization, that the Insured Entity would have earned during the Period of Restoration but for the Network Impairment; and, B. Extra Expense. However, First Party Loss does not include: 1. ordinary operating expenses incurred by the Insured Entity during the Period of Restoration; 2. costs or expenses to update, upgrade, enhance, or replace the Insured's Network beyond that which existed prior to the occurrence of the Network Impairment; 3. costs or expenses the Insured Entity incurs to prove or document First Party Loss; 4. Privacy Event Expenses and Extortion Payments. Foreign Jurisdiction means any jurisdiction, other than the United States or any of its territories or possessions. Insured means the Insured Entity and: A. any natural person who was, is or becomes an employee (including leased and temporary employees), director, officer, trustee, manager, member or partner of the Insured Entity but solely with respect to a Wrongful Act committed within the scope of such individual's duties on behalf of the Insured Entity; GSL2302XX (Ed 6/11) Page 6 Copyright©2011 CNA. All Rights Reserved.