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Docusign Envelope ID:C101DF94-8EEA-4210-A163-1FB71C9DF46C <br /> CNA E PS+ <br /> tech + pro + media + security + privacy <br /> based upon or arising out of any actual or alleged: <br /> 1. unfair competition, dilution, deceptive trade practices, civil actions for consumer fraud or false or deceptive <br /> advertising or misrepresentation in advertising; <br /> 2. charges of price fixing, monopolization or restraint of trade; <br /> 3. violation of: <br /> a. the Federal Trade Commission Act; <br /> b. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price <br /> fixing, price discrimination, predatory pricing or restraint of trade; <br /> c. the Racketeer Influenced and Corrupt Organizations Act; <br /> d. any rules or regulations promulgated under or in connection with the above statutes, or any similar <br /> provision of any federal, state, foreign or other law(including common law)or statute, <br /> except that paragraph 1. does not apply to any Claim under Insuring Agreement A.2. Media Liability and <br /> paragraphs 1. and 3.a. do not apply to any Claim under Insuring Agreement A.S. Privacy Regulation <br /> Proceeding; <br /> R. Unsolicited Communication <br /> based upon or arising out of: <br /> 1. any actual or alleged violation of any federal or state anti-spam statute or regulation, including the CAN- <br /> SPAM Act of 2003; or <br /> 2. any actual or alleged violation of any federal or state statute or regulation prohibiting the dissemination of <br /> unsolicited communications, including any violation of the Telephone Consumer Protection Act of 2001. <br /> IV. FIRST PARTY EXCLUSIONS <br /> This Policy does not apply to any First Party Loss, regardless of any other cause or event that contributes <br /> concurrently or in any sequence to the First Party Loss, caused by or resulting from: <br /> A. DEFECTS IN DATA AND SOFTWARE AND NETWORK <br /> any defect of design, implementation, operation, incompatibility or any other fault of data and software or the <br /> Insured Entity's Network, or any part thereof where such defect or fault is introduced by the Insured Entity's: <br /> 1. use of a third party product, including but not limited to software and equipment, in a manner inconsistent with <br /> the manufacturer's intended use; <br /> 2. modification of a third party product or integration of components in violation of the manufacturer's warranty or <br /> other license terms; <br /> GSL2302XX (Ed 6/11) <br /> Page 16 <br /> Copyright©2011 CNA. All Rights Reserved. <br />