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 b. fifty percent (50%) of Claim Expenses, in excess of the amount referenced in paragraph a. above. 3. Exhaustion of Limits The Insurer shall not be obligated to investigate, defend, pay or settle, or continue to investigate, defend, pay or settle a Claim after the applicable limit of liability has been exhausted by payment of Damages or Claim Expenses, or any combination thereof. In such case, the Insurer shall have the right to withdraw from the further investigation, defense, payment or settlement of such Claim by tendering control of said investigation, defense or settlement of the Claim to the Insured. B. NOTICE OF CLAIM, CIRCUMSTANCE OR NETWORK IMPAIRMENT/PRE-CLAIMS ASSISTANCE/DATE OF CLAIM 1. Notice of Claim, Extortion Demand, Privacy Event or Privacy Regulation Investigation The Insured, as a condition precedent to the obligations of the Insurer shall give written notice of any Claim, Extortion Demand or Privacy Event to the Insurer as soon as reasonably practicable after any Executive Officer learns of such Claim, Extortion Demand, Privacy Event or Privacy Regulation Investigation but in no event later than ninety (90) days after termination or expiration of the Policy Period or any subsequent renewal Policy Period in an uninterrupted series of renewals, or prior to the expiration of the Extended Reporting Period, if applicable. Failure to give such notice as soon as reasonably practicable shall not invalidate coverage of such Claim, unless the failure to provide timely notice has prejudiced the Insurer or unless the notice is provided ninety(90) days after termination or expiration of the Policy Period or any subsequent renewal Policy Period in an uninterrupted series of renewals, or prior to the expiration of the Extended Reporting Period, if applicable. 2. Notice of Circumstance If during the Policy Period the Insureds first become aware of any facts or circumstances which may reasonably be expected to give rise to a Claim and during such Policy Period give written notice to the Insurer of: a. the allegations anticipated as the basis of the potential Claim and the names of any potential claimants; b. the identity of the specific Insureds allegedly responsible for such specific facts and circumstances; c. the consequences which have resulted or may result from such specific facts and circumstances; d. the amount of the potential monetary damages or the nature of non-monetary relief which may be sought in consequence of such specific facts and circumstances; and e. the circumstances by which Insureds first became aware of such specific facts and circumstances, then any such covered Claim which is subsequently made and which arises out of such facts and circumstances shall be deemed to have been first made against the Insured and reported to the Insurer by the Insureds at the time such written notice was received by the Insurer. 3. Notice of Network Impairment If a Network Impairment takes place or is reasonably likely to take place, the Insured Entity must do the following: GSL2302XX (Ed 6/11) Page 20 Copyright©2011 CNA. All Rights Reserved.