5-2 承保範圍及不保事項 - ACE Group

4. Conditionsor the purposes of this endorsement only, the following Conditions shall apply(a) The Insurer's total aggregate limit of liability for all claims made against the Companyarising from an Employment Related Wrongful Act covered by this endorsement is expresslysubject to a sub-limit of US$[insert amount], which forms part of the total aggregate Limit of Liabilityshown in Item 3 of the Schedule.(b) The Insurer shall only pay for that amount of any Loss in respect of cover provided by thisendorsement which exceeds the retention of(1) US$[insert amount], each and every Claim under the jurisdiction of the courts inthe United States of America or Canada, or settled by compromise in the UnitedStates of America or Canada;(2) US$[insert amount], each and every Claim falling anywhere in the world other thanin the United States of America or Canada;(3) US$[insert amount], each and every Claim arising from or relating to the acquisitionof [insert company name].In all other respects this policy remains unaltered.E030F Entity Cover for Securities Claims EndorsementBy way of endorsement to the policy, the parties agree as follows (subject otherwise to all other terms,conditions, limits of liability and exclusions of the policy):For the purposes of this Endorsement only, the following provisions are amended and/or added to thePolicy:1. Extension of CoverThe cover provided under this policy is extended to pay on behalf of the Company [insertamount]% Loss of the Company arising from any Securities Claim first made against theCompany after the Effective Date and during the Policy Period (or Discovery Period ifapplicable) for any Wrongful Act committed by the Company.[Provided that the remaining [insert amount]% of such Loss shall be borne by the Company andremain uninsured.]2. DefinitionsFor the purposes of this endorsement only:(a) The Effective Date is [insert date].(b) Definition 2.11 Insured shall also include the Company but only for Securities Claims.(c) Definition 2.15 Loss shall be amended as follows:2.15 Loss means(i) any damages, judgments and settlements for which an Insured is legallyliable in respect of a Claim; and(ii) Defence Costs; and(iii) aggravated damages and punitive and exemplary damages imposed onthe Company where insurable by the applicable law.Loss does not include(i) fines or penalties imposed by law, or any matter deemed uninsurableunder the law; or(ii) taxes or sums payable in relation to taxes; or(iii) the multiplied portion of any damages award.(d) Securities Claim means any Claim, other than an administrative or regulatoryproceeding made against, or an Investigation of, the Company alleging the violation ofSecurities laws of any country which is:(i) brought by any person or entity alleging, arising out of, based upon or307