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. provide notice to the Insurer as soon as practicable; b. such notice should include particular details as to the nature of the Network Impairment; and, c. immediately forward to the Insurer all information the Insured Entity possesses or receives in connection with the Network Impairment. 4. Pre-Claims Assistance a. Insurer's Discretionary Investigation Until the date a Claim is made, the Insurer may pay for all costs or expenses it incurs, at its sole discretion and without any obligation, as a result of investigating a circumstance that the Insured reports in accordance with subparagraph 2. Notice of Circumstance above. Such costs and expenses are outside the limits or liability and not subject to the retention. b. Insurer's Discretionary Remediation If the Insurer elects to investigate a circumstance pursuant to paragraph 4.a. above, and such investigation results in recommended remediation measures that both the Insurer and the Named Insured mutually agree to undertake, the Insurer shall reimburse the Insured for reasonable costs and expenses to enact such recommended remediation measures if such costs and expenses were approved by the Insurer in advance. Such costs and expenses are within the limits of liability, subject to the retention and the coinsurance percentage provided below and subject to a sublimit of liability in the amount of 10% of the aggregate limit of liability. The Insureds shall bear uninsured the percentage provided on the declarations as a coinsurance percentage applied to all costs and expenses incurred pursuant to this paragraph b. The coinsurance percentage is in addition to the applicable retention and the Insurer is only liable to pay the remaining percentage of costs and expenses in excess of the applicable retention and coinsurance percentage. 5. When a Claim is Deemed Made Except as provided in subparagraph 2. Notice of Circumstance, above, a Claim shall be deemed made: a. in the case of a written demand for monetary damages or non-monetary relief, on the earlier of the Executive Officer's or Insurer's receipt of notice of such demand; b. in the case of a civil proceeding in a court of law or equity or arbitration, on the date of service upon or other receipt by any Executive Officer a complaint against the Insured in such proceeding or arbitration; c. in the case of a Privacy Regulation Proceeding, on the date of receipt by such Executive Officer of a written notice from the investigating authority identifying such Insured as an individual or entity against whom a proceeding will be commenced. 6. To Whom Notices are Sent The Insureds shall give written notice to the Insurer under this Policy as specified in the Declarations. If mailed, the date the Insurer receives such notice shall constitute the date such notice was given. Proof of mailing shall be sufficient proof of notice. GSL2302XX (Ed 6/ll) Page 21 Copyright©2011 CNA. All Rights Reserved.