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 A. ASSUMED LIABILITY based upon or arising out of any assumption of the liability of others under any contract or agreement, except that this exclusion does not apply to liability arising under Section I. INSURING AGREEMENTS, Paragraph E. VICARIOUS LIABILITY or, with respect to Insuring Agreement A.2. Media Liability, liability Assumed Under Contract; B. BODILY INJURY/PROPERTY DAMAGE based upon or arising out of any actual or alleged bodily injury(including death), sickness, disease, emotional distress, mental anguish, of any person, or Property Damage, provided however that this exclusion does not apply to: 1. allegations of emotional distress or mental anguish brought under Insuring Agreement A.2. Media Liability; 2. the wrongful infliction of emotional distress or mental anguish arising out of Privacy Injury; C. CLAIMS BY INSUREDS by or on behalf of any Insured provided, however that this exclusion does not apply to: 1. any Claim that is in the form of a crossclaim, third-party claim or otherwise for contribution or indemnity which is part of and results directly from a Claim which is not otherwise excluded under this Policy; 2. any Claim brought or maintained by or on behalf of a bankruptcy or insolvency trustee, examiner, liquidator, receiver or rehabilitator for an Insured Entity or any assignee of such trustee, examiner, liquidator, receiver or rehabilitator; 3. any Claim by an Insured (other than an Insured Entity)that alleges Privacy Injury; D. DELIBERATE ACTS/COMMINGLING OR MISAPPROPRIATION OF FUNDS based upon or arising out of any dishonest, fraudulent, criminal or malicious act or omission, commingling, misappropriation or misuse of funds, intentional wrongdoing or knowing violation of any contract or agreement by or on behalf of an Insured. The Insurer shall pay Claim Expenses of such Claims unless or until a final judgment, ruling or other finding of fact in any proceeding establishes that such act, omission, commingling, misappropriation, misuse or violation was committed. If such act, or such commingling, misappropriation, misuse or violation is so determined to have been committed, the Insured will reimburse the Insurer for all Claim Expenses paid. The Insurer will not defend any criminal act which was the subject of a criminal prosecution in which the Insured was found guilty or pleaded guilty, nolo contendere or no contest. Criminal proceedings are not covered under this Policy regardless of the allegations made against any Insured. Provided, however, that solely with respect to Insuring Agreement A.2. Media Liability, this exclusion does not apply to any such act if an attorney for the Insured Entity approves of such act in advance based upon a good faith belief that such act is protected by the First Amendment to the United States Constitution or any similar law of another jurisdiction; For purposes of determining the applicability of this exclusion: 1. the facts pertaining to and knowledge possessed by any natural person Insured shall not be imputed to any other natural person Insured; and, GSL2302XX (Ed 6/11) Page 13 Copyright©2011 CNA. All Rights Reserved.