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SSI GL 01 01 0123 Page 15 of 29
<br />n. Prior Litigation
<br />“Bodily injury”, “property damage” or “personal and
<br />advertising injury” alleged in, based upon, arising out
<br />of, or in any way related to any “occurrence”, demand,
<br />“claim”, “suit”, or other proceeding against any
<br />insured which was asserted, pending, submitted, or
<br />under adjustment by any other insurance carrier,
<br />whether a suit was filed or not, or otherwise existed
<br />prior to the inception date specified in the
<br />Declarations, or the same or substantially the same
<br />facts, circumstances or allegations which are the
<br />subject of or the basis for such prior demand, “claim”,
<br />complaint, “suit”, or other proceeding. This exclusion
<br />applies whether or not you were a party to the “claim”,
<br />“suit”, or other proceeding at the time it was first
<br />asserted, pending, submitted, under adjustment by any
<br />other insurance carrier, or filed.
<br />
<br />o. Prior Knowledge
<br />“Bodily injury”, “property damage” or “personal and
<br />advertising injury” arising out of, or in any way
<br />involving any facts, incidents or circumstances of
<br />which the insured had knowledge prior to the
<br />inception date of this policyor which a reasonably
<br />prudent insured could expect and which might
<br />reasonably be expected to result in a “claim” or “suit”
<br />being made against the insured.
<br />
<br />p. Ongoing Operations
<br />“Bodily injury”, “property damage” or “personal and
<br />advertising injury” arising out of or in anyinvolving:
<br />(1) Your work, your product, or your other operations
<br />commencing before the inception date of this
<br />policy;
<br />(2) your work, your product, or your other operations
<br />that take place after the policy period.
<br />
<br />The exclusion shall be applicable regardless of and in
<br />addition to the application of any other coverage
<br />limitation, condition or exclusion in this policy,
<br />including but not limited to the Insuring Agreement,
<br />Prior Work and Prior Products exclusion, and the Past
<br />Work Or Construction Projects exclusion.
<br />
<br />q. Unsolicited Communications
<br />“Bodily injury”, “property damage” or “personal and
<br />advertising injury” arising out of any form of
<br />communication, including but not limited to facsimile,
<br />electronic mail, posted mail or telephone, in which the
<br />recipient has not specifically requested the
<br />communication. This exclusion also applies to
<br />communications which are made or allegedly made in
<br />violation of the:
<br />(1) Telephone Consumer Protection Act (TCPA)
<br />including any amendment of or addition to such
<br />law; or
<br />(2) The CAN-SPAM Act of 2003, including any
<br />amendment of or addition to such law; or
<br />(3) The Fair Credit Reporting Act (FCRA), and any
<br />amendment of or addition to such law, including
<br />the Fair and Accurate Credit Transactions Act
<br />(FACTA); or
<br />(4) Any statute, ordinance or regulation, other than
<br />the TCPA or CAN-SPAM Act of 2003, which
<br />prohibits or limits the sending, transmitting,
<br />communicating or distribution of material or
<br />information.
<br />
<br />r. Punitive Damages, Fines or Penalties
<br />“Claims” or liability for or arising from exemplary or
<br />punitive “damages”, fines or penalties based upon,
<br />arising out of, or imposed by or under any law, statute,
<br />or ordinance of any federal, state or municipal
<br />government agency or any other types of fines,
<br />penalties, punitive “damage”s, exemplary “damages”,
<br />treble “damages”, or the multiplication of
<br />compensatory “damage”s, of any nature.
<br />
<br />s. Attorney, Expert, and Vendor Fees and Costs of
<br />Others
<br />Any “claim”, “suit”, demand, request, or award
<br />against any insured, for any attorney fees and costs,
<br />expert fees and costs, related vendor fees and costs,
<br />sanctions or any other cost or expense incurred by any
<br />other party to any “claim” or “suit”, including any
<br />insured under this policy. This exclusion applies
<br />regardless of whether any of the expenses or costs
<br />described above are/were awarded in a suit as damages
<br />or costs.
<br />
<br />t. Classification Limitation Exclusion
<br />Bodily injury”, “property damage”, or “personal and
<br />advertising injury”, arising out of, resulting from,
<br />caused by, contributed to by, alleged to be, or in any
<br />way involving, in whole or in part, any work or
<br />operations of any insured not expressly specified in the
<br />application for insurance on file with the company and
<br />described under “DESCRIPTION OF OPERATIONS/
<br />CLASSIFICATION” section of the Declarations of
<br />this policy, and for which a premium has been
<br />paid. This exclusion applies regardless of whether
<br />coverage would have been provided had the operations
<br />been specified in the application for insurance on file
<br />with the company.
<br />
<br />u. Social and Entertainment Activities and Events
<br /> “Bodily injury”, “property damage” or “personal and
<br />advertising injury caused by, arising out of, or
<br />resulting from, the planning, operation, conducting of,
<br />participation in, or attendance at, any type of
<br />entertainment event, social activity, party, gathering,
<br />or other social event, whether or not said activity,
<br />entertainment, or event is hosted by the Named
<br />Insured or any insured, and regardless of the location
<br />of any such event, entertainment, or activity.
<br />
<br />
<br />Docusign Envelope ID: 104062B9-59C4-4AFF-9138-88F602669D84
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