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. If Related Claims are subsequently made against the Insured and reported to the Insurer, all such Related Claims, whenever made, shall be considered a single Claim subject to the limit of liability applicable to the earliest such Claim first reported to the Insurer. 2. If there is more than one Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network Impairment involving the same act, error or omission or acts, errors or omissions that are logically or causally connected by any common fact, circumstance, situation, transaction, event, advice or decision, then each such Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network Impairment shall be considered as one Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network Impairment which shall be subject to the Privacy Event, the Extortion Demand, the Privacy Regulation Investigation, or the Network Impairment limit applicable to the earliest such Privacy Event, Extortion Demand, Privacy Regulation Investigation, or Network Impairment reported to the Insurer under this Policy or under any prior policy. E. MULTIPLE INSUREDS, CLAIMS AND CLAIMANTS The limits of liability shown in the Declarations and subject to the provisions of this Policy is the amount the Insurer will pay for Damages, Claim Expenses, Privacy Event Expenses, Extortion Payments, Privacy Regulation Investigation Expenses and First Party Loss regardless of the number of Insureds, Claims made, Privacy Events, Extortion Demands, Privacy Regulation Investigations, persons or entities making Claims. VI. CONDITIONS A. SETTLEMENT/DEFENSE OF CLAIMS 1. Defense/Settlement The Insurer shall have the right and duty to defend in the Insured's name and on the Insured's behalf a Claim, other than a Privacy Regulation Proceeding, even if any of the allegations of the Claim are groundless, false or fraudulent. The Insurer has the right to make such investigation and conduct negotiations and enter into such settlement of any Claim as the Insurer deems necessary. The Insureds and not the Insurer have the duty to defend any Privacy Regulation Proceedings. The Insurer shall be entitled to effectively associate in the defense and the negotiation of any settlement of any Privacy Regulation Proceeding that involves or appears reasonably likely to involve the Insurer. Each Insured shall give the Insurer full cooperation and shall furnish the Insurer with copies of reports, investigations, pleadings, and all related papers, and such other information and assistance as the Insurer may reasonably request. 2. Consent to Settlement The Insurer shall not settle any Claim without the prior written consent of the Named Insured. If however, the Named Insured refuses to consent to such settlement or compromise recommended by the Insurer and agreed to by the claimant, the Insurer's duty to defend shall then cease and the Named Insured shall thereafter at the Named Insured's own expense negotiate or defend such Claim independently of the Insurer, and the Insurer's limit of liability for such Claim shall be reduced to: a. the amount of the proposed settlement plus Claim Expenses incurred up to the date of the Named Insured's refusal to consent to such proposed settlement; plus: GSL2302XX (Ed 6/11) Page 19 Copyright©2011 CNA. All Rights Reserved.