5-2 承保範圍及不保事項 - ACE Group

commodities or property manager, or other organisations of a similar nature, otherthan the Insured Organisation. However this Exclusion will not apply in respectof Claims arising from Wrongful Acts of an Insured in rendering InvestmentServices.4.9 PollutionWith respect to Insuring Clause 1.3, ACE will not pay for any Loss directly orindirectly caused by, arising out of or in any way connected with:(a) Pollutants; and/or(b) any radioactive, toxic, contaminating, explosive or other hazardousproperties of nuclear or atomic operation, installation, reactor, assembly,component, device, weapon, material, fuel or waste from the combustion ofnuclear fuel.4.10 Assumed LiabilityACE will not pay under Insuring Clauses 1.3, for any Loss directly or indirectlycaused by, arising out of or in any way connected with any(a) Claim made against an Insured for an intentional breach of contract, orin respect of a liability assumed by any Insured pursuant to any contract,warranty or agreement which would not have otherwise attached to the Insuredin the absence of such contract, warranty or agreement. This exclusion does notapply to the contractual duty to exercise reasonable skill and care in theperformance of Investment Services;(b) actual or alleged express guarantee or warranty provided by or on behalfof the Insured as to the performance of any investment or other item of value.EXCLUSIONS APPLICABLE TO INSURING CLAUSE 1.4 (CRIME)4.11 Uncovered MattersWith respect to Insuring Clause 1.4 only, ACE will not pay any amount which, is orwhich is arising out of, based upon or attributable to:(a) indirect or consequential loss of any nature, provided that this Exclusionshall not apply to Extension 2.28, “Reproduction of Electronic ComputerPrograms” and/or Extension 2.29, “Interest”;(b) any loss or deprivation of income or profits (including but not limited tointerest and dividends) provided that this Exclusion shall not apply to Extension2.29, “Interest”;(c) business interruption (including loss of computer time or use);(d) damage or destruction to any premises which the Insured owns oroccupies for the purposes of conducting the Insured’s business;(e) loss of or damage to any property, including money and Securities,whatsoever by reason of wear, tear, gradual deterioration, moth or vermin;(f) costs, fees and expenses incurred by an Insured in establishing theexistence or amount of Loss under Insuring Clause 1.4, ”Crime”, provided thatthis Exclusion shall not apply to Extension 2.27, “Crime Costs”;(g) principal, interest or other monies accrued or due (either now or in thefuture) but not yet paid to the Insured Organisation as a result of any loan, leaseor extension of credit, provided that this exclusion shall not apply to Extension2.29, “Interest”; or(h) mechanical, electrical or software failure, faulty construction, error indesign, latent defect, wear or tear, gradual deterioration, electrical disturbance,electronic data corruption, failure or breakdown or any malfunction or error inprogramming or errors or omissions in processing.4.12 Proprietary InformationWith respect to Insuring Clause 1.4 only, ACE will not pay Loss which results fromthe use, accessing and dissemination of any confidential information, including butnot limited to patents, trademarks, copyrights, customer information, computerprograms and trade secrets, except to the extent that such information is used tocommit an act which gives rise to Loss covered under Insuring Clause 1.4, “Crime”.4.13 Fraudulent Features in Electronic Computer ProgramsWith respect to Insuring Clause 1.4 only, ACE will not pay Loss resulting fromfraudulent features contained in electronic computer programs developed for saleto, or that were sold to, multiple customers at the time of their acquisition from avendor or consultant, unless:420