GOLDEN BAY DRYWALL, INC. (#2026264)

SSI GL 01 01 0123 Page 10 of 29 (3) It is expressly understood and agreed that “claim expenses” are included within and are not in addition to the Limits of Liability set forth in the Declarations; and (4) We shall have no duty or obligation to defend any insured in connection with any “claim” or “suit” where any other insurer is obligated to defend the insured, and we shall have no duty to contribute to or participate in the defense provided by any other such insurer. We shall have the right but not the obligation to defend any insured in connection with any “claim” or “suit” under these circumstances and/or where the insured has any other insurance under which, but for the existence of this Policy, any other insurer is obligated to provide a defense; and b. This insurance applies to “personal and advertising injury” only if: (1) The “personal and advertising injury” is caused by an “occurrence” arising out of your business; (2) The “personal and advertising injury” is caused by an “occurrence” that is committed, or first was committed, during the policy period. An “occurrence” shall be deemed to first takes place or begin on the date that the conduct, act or omission, process, condition or circumstance alleged to be the cause of the “personal and advertising injury” first began, first existed, was first committed, or was first set in motion, even though the “occurrence” causing such injury may be continuous or repeated; (3) Prior to the policy period, no insured listed under Paragraph 1 of Section III–Who Is An Insured and no “employee” authorized by you to give or receive notice of an “occurrence” or claim, knew that the “occurrence” or resulting “personal and advertising injury” had taken place or was alleged to have taken place, in whole or in part. If such a listed insured or authorized “employee” knew, prior to the policy period, that the “occurrence” or resulting “personal and advertising injury” had or was alleged to have taken place, then any continuation, change or resumption of such 'occurrence” and any resulting “personal and advertising injury” during or after the policy period will be deemed to have been known in totality prior to the policy period; and (4) All other insurance available to the insured has been exhausted, regardless of any other insurance condition or clause in such insurance and regardless of whether such other insurance is stated to be primary, excess or contingent, unless such other insurance specifically is written to apply in excess of this particular policy. c. To the extent we pay any sums in connection with the defense or indemnity of any insured hereunder, we reserve the right to seek and obtain reimbursement for any sums paid in the connection with the defense and/or indemnity of non-covered “claims”. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of Another “Personal and advertising injury” caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”. b. Material Published with Knowledge of Falsity “Personal and advertising injury” arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior to Policy Period “Personal and advertising injury” arising out of oral or written publication of material whose first publication actually took place, or is alleged to have first taken place, in whole or in part, before the beginning of the “policy period”. d. Insureds in Media and Internet Type Businesses “Personal and advertising injury” committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web-sites for others; or (3) An Internet search, access, content or service provider. For the purpose of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself considered the business of advertising, broadcasting, publishing or telecasting. e. Electronic Chat Rooms, Bulletin Boards, or Social Media “Personal and advertising injury” arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises any control. f. Unauthorized Use of Another’s Name or Product “Personal and advertising injury” arising out of the unauthorized use of another’s name or product in your e-mail address, domain name or metatag, Docusign Envelope ID: C32ED128-E8C0-4517-B42B-471D21968944