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PPB 101 01 22 Contains copyrighted material of Insurance Services Office, Inc. Page 38 of 49
<br />if such product, work or property is withdrawn
<br />or recalled from the market or from use by any
<br />person or organization because of a known or
<br />suspected defect, deficiency, inadequacy or
<br />dangerous condition in it.
<br />p. Personal And Advertising Injury
<br />"Personal and advertising injury":
<br />(1) Caused by or at the direction of the insured
<br />with the knowledge that the act would
<br />violate the rights of another and would
<br />inflict "personal and advertising injury";
<br />(2) Arising out of oral or written publication of
<br />material, if done by or at the direction of
<br />the insured with knowledge of its falsity;
<br />(3) Arising out of oral or written publication of
<br />material whose first publication took place
<br />before the beginning of the policy period;
<br />(4) For which the insured has assumed
<br />liability in a contract or agreement. This
<br />exclusion does not apply to liability for
<br />damages that the insured would have in
<br />the absence of the contract or agreement;
<br />(5) Arising out of a breach of contract, except
<br />an implied contract to use another's
<br />advertising idea in your "advertisement";
<br />(6) Arising out of the failure of goods, products
<br />or services to conform with any statement
<br />of quality or performance made in your
<br />"advertisement";
<br />(7) Arising out of the wrong description of the
<br />price of goods, products or services stated
<br />in your "advertisement";
<br />(8) Committed by an insured whose business
<br />is:
<br />(a) Advertising, broadcasting, publishing
<br />or telecasting;
<br />(b) Designing or determining content of
<br />websites for others; or
<br />(c) An Internet search, access, content or
<br />service provider.
<br />However, this exclusion does not apply to
<br />Paragraphs 14.a., b. and c. of "personal
<br />and advertising injury" under Paragraph F.
<br />Liability And Medical Expenses
<br />Definitions.
<br />For the purposes of this exclusion, the
<br />placing of frames, borders or links, or
<br />advertising, for you or others any-where on
<br />the Internet, by itself, is not considered the
<br />business of advertising, broadcasting,
<br />publishing or telecasting.
<br />(9) Arising out of the actual, alleged or
<br />threatened discharge, dispersal, seepage,
<br />migration, release or escape of
<br />"pollutants" at any time;
<br />(10) With respect to any loss, cost or expense
<br />arising out of any:
<br />(a) Request, demand or order that any
<br />insured or others test for, monitor,
<br />clean-up, remove, contain, treat, de-
<br />toxify or neutralize or in any way re-
<br />spond to, or assess the effects of,
<br />"pollutants"; or
<br />(b) Claim or "suit" by or on behalf of a
<br />governmental authority for damages
<br />because of testing for, monitoring,
<br />cleaning up, removing, containing,
<br />treating, detoxifying or neutralizing or
<br />in any way responding to, or assess-
<br />ing the effects of, "pollutants".
<br />(11) Arising out of an electronic chatroom or
<br />bulletin board the insured hosts, owns or
<br />over which the insured exercises control;
<br />(12) Arising out of the infringement of copyright,
<br />patent, trademark, trade secret or other
<br />intellectual property rights. Under this
<br />exclusion, such other intellectual property
<br />rights do not include the use of another's
<br />advertising idea in your "advertisement".
<br />However, this exclusion does not apply to
<br />infringement, in your "advertisement", of
<br />copyright, trade dress or slogan.
<br />(13) Arising out of the unauthorized use of
<br />another's name or product in your email
<br />address, domain name or metatags, or
<br />any other similar tactics to mislead an-
<br />other's potential customers.
<br />q. Electronic Data
<br />Damages arising out of the loss of, loss of use
<br />of, damage to, corruption of, inability to
<br />access, or inability to manipulate electronic
<br />data.
<br />As used in this exclusion, electronic data
<br />means information, facts or computer pro-
<br />grams stored as or on, created or used on, or
<br />transmitted to or from computer software
<br />(including systems and applications software),
<br />on hard or floppy disks, CD-ROMs, tapes,
<br />drives, cells, data processing devices or any
<br />other repositories of computer software which
<br />are used with electronically controlled
<br />equipment. The term computer programs,
<br />referred to in the foregoing description of
<br />Exhibit B
<br />Docusign Envelope ID: 7D12103B-E5DC-46A2-B6BA-3BD5268ECDA5
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