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Technology Form - ACE Group

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III.PP.d. the infringement of copyright, domain name, trademark, trade name, trade dress, title or slogan,service mark, or service name; ore. negligence with respect to the Insured’s creation or dissemination of Electronic Content.3. With respect only to Insuring Agreement C, resulting in a failure of Network Security.4. With respect only to Insuring Agreement D, in:a. the failure by the Insured or by an independent contractor for which the Insured is legallyresponsible to properly handle, manage, store, destroy or otherwise control:i. Personal Information; orii. third party corporate information in any format provided to the Insured and specificallyidentified as confidential and protected under a nondisclosure agreement or similar contractwith the Named Insured or Subsidiary; orb. an unintentional violation of the Insured’s privacy policy that results in the violation of anyPrivacy Regulation.5. With respect only to Insuring Agreement E, in the failure by the Insured or by an independentcontractor for which the Insured is legally responsible to properly handle, manage, store, destroy orotherwise control Personal Information.6. With respect only to Insuring Agreement F, in the Insured’s conduct of Network Security that resultsin a Network Extortion Threat.7. With respect only to Insuring Agreement G, in the Insured’s rendering or failure to renderMiscellaneous Professional Services to others for a fee.Wrongful Employment Practices means any actual or alleged:1. wrongful dismissal or discharge or termination of employment, whether actual or constructive;2. employment-related misrepresentation;3. violation of any federal, state, or local laws (whether common or statutory) concerning employment ordiscrimination in employment;4. sexual harassment or other unlawful workplace harassment;5. wrongful deprivation of a career opportunity or failure to employ or promote;6. wrongful discipline of employees;7. retaliation against employees for the exercise of any legally protected right or for engaging in anylegally protected activity;8. negligent evaluation of employees;9. failure to adopt adequate workplace or employment policies and procedures;10. employment-related libel, slander, or defamation;11. employment-related invasion of privacy, except with respect to that part of any Claim arising out ofthe loss of Personal Information which is otherwise covered under Insuring Agreement D of thisPolicy;12. employment-related wrongful infliction of emotional distress, except with respect to that part of anyClaim arising out of the loss of Personal Information which is otherwise covered under InsuringAgreement D of this Policy; and13. any actual or alleged discrimination, sexual harassment, or violation of a natural person’s civil rightsrelating to such discrimination or sexual harassment, whether direct, indirect, intentional orunintentional.The foregoing definitions shall apply equally to the singular and plural forms of the respective words.EXCLUSIONSThe Insurer shall not be liable for Damages, Claims Expenses, Data Breach Expenses, or ExtortionExpenses on account of any Claim:PF-26997 (05/09) © 2009 Page 7 of 18

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