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Includes copyrighted material of Insurance <br />GA 227 06 23 Services Office, Inc.,with its permission.Page 3 of 16 <br />Damages arising out of any <br />intentional,dishonest, <br />fraudulent, criminal or mali- <br />cious act,error or omission, <br />committed by any insured, <br />including the willful or reck- <br />less violation of any statute. <br />(c)Failure To Perform A Con- <br />tract <br />Damages arising out of fail- <br />ure of performance of con- <br />tract by any insurer. <br />(d)Insufficiency Of Funds <br />Damages arising out of an <br />insufficiency of funds to <br />meet any obligations under <br />any plan included in the <br />"employee benefit program". <br />(e)Inadequacy Of Perfor- <br />mance Of Invest- <br />ment/Advice Given With <br />Respect To Participation <br />Any claim based upon: <br />1)Failure of any invest- <br />ment to perform; <br />2)Errors in providing in- <br />formation on past per- <br />formance of investment <br />vehicles;or <br />3)Advice given to any <br />person with respect to <br />that person's decision to <br />participate or not to par- <br />ticipate in any plan in- <br />cluded in the "employee <br />benefit program". <br />(f)Workers'Compensation <br />And Similar Laws <br />Anyclaim arising out of your <br />failure to comply with the <br />mandatory provisions of any <br />workers'compensation,un- <br />employment compensation <br />insurance, social security or <br />disability benefits law or any <br />similar law. <br />(g)ERISA <br />Damages for which any in- <br />sured is liable because of li- <br />ability imposed on a fiduci- <br />ary by the Employee Re- <br />tirement Income Security <br />Act of 1974,as now or <br />hereafter amended,or by <br />any similar federal, state or <br />local laws. <br />(h)Available Benefits <br />Any claim for benefits to the <br />extent that such benefits are <br />available,with reasonable <br />effort and cooperation of the <br />insured,from the applicable <br />funds accrued or other col- <br />lectible insurance. <br />(i)Taxes, Fines Or Penalties <br />Taxes, fines or penalties, in- <br />cluding those imposed un- <br />der the Internal Revenue <br />Code or any similar state or <br />local law. <br />(j)Employment-Related Prac- <br />tices <br />Any liability arising out of <br />any: <br />1)Refusal to employ; <br />2)Termination of employ- <br />ment; <br />3)Coercion,demotion, <br />evaluation,reassign- <br />ment,discipline,defa- <br />mation,harassment, <br />humiliation,discrimina- <br />tion or other employ- <br />ment-related practices, <br />acts or omissions;or <br />4)Consequential liability <br />as a result of 1),2)or 3) <br />above. <br />This exclusion applies <br />whether the insured may be <br />held liable as an employer <br />or in any other capacity and <br />to any obligation to share <br />damages with or repay <br />someone else who must pay <br />damages because of the in- <br />jury. <br />(k)Cyber <br />Any liability, costs,expenses <br />or damages arising,directly <br />or indirectly,out of or as a <br />consequence of any: <br />1)"Computer attack"; <br />2)"Network security inci- <br />dent"; <br />3)"Privacy violation"; or <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE