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MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
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<br />MPL 00 00 12 23 Page 6 of 14
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<br />local or federal law, including non-U.S. laws,
<br />any amendment to such laws, or violation of
<br />any order, ruling or regulation issued pursu-
<br />ant to such laws that regulate such commu-
<br />nication.
<br />15. Actions, decisions, orders or proceedings by
<br />the Federal Trade Commission, Federal
<br />Communications Commission or any other
<br />federal, state or local governmental regula-
<br />tory agency, except for Disciplinary Pro-
<br />ceedings.
<br />16. Unauthorized access to, unauthorized use
<br />of, or unauthorized alteration of any com-
<br />puter or system, hardware, software, pro-
<br />gram, network, data, database, communica-
<br />tion network or service, including the
<br />introduction of malicious code or virus, or
<br />repetitively accessing a website under the
<br />control of an Insured with the intent to deny
<br />others access to such website or with the in-
<br />tent to cause such website’s functionality to
<br />fail, including what is commonly referred to
<br />as denial of service attacks.
<br />17. Advertising by the Insured, including inac-
<br />curate, inadequate or incomplete description
<br />of the price of the Insured’s goods, prod-
<br />ucts or services, or the failure of the In-
<br />sured’s goods, products or services to con-
<br />form with any represented quality or
<br />performance contained in Advertising by
<br />the Insured.
<br />18. Performance or failure to perform otherwise
<br />covered Insured Services without a valid
<br />and active license, certification, accredita-
<br />tion, or designation if required by federal,
<br />state, or local statutory laws to perform such
<br />Insured Services
<br />19. Obligations under any Workers’ Compensa-
<br />tion, Unemployment Compensation, Em-
<br />ployers Liability or Disability Benefit Law, in-
<br />cluding any similar provisions of any federal,
<br />state or local statutory or common law.
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<br />20. Failure to protect any non-public, personally
<br />identifiable information in the Insured’s
<br />care, custody or control.
<br />21. Violation of or noncompliance with any law
<br />or regulation governing or pertaining to
<br />gambling, gaming, lotteries or games of
<br />chance and any other act associated with
<br />any such violation or noncompliance
<br />22. Theft, misappropriation, commingling or
<br />conversion of any funds, monies, assets, or
<br />property.
<br />23. Investment advice including guarantees
<br />about the future performance or value of in-
<br />vestments, rates of return, interest, or tax
<br />consequences
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<br />B. The Company is not obligated to pay Damages
<br />or Claim Expense or defend Claims made by:
<br />1. Any enterprise that is a parent, affiliate or
<br />partner of any Insured;
<br />2. Any enterprise directly or indirectly con-
<br />trolled, operated or managed by the Insured
<br />or an enterprise described in SECTION III –
<br />EXCLUSIONS, Section B., Paragraph 1
<br />above;
<br />3. Any Insured;
<br />4. Any present, former or prospective employ-
<br />ees, officers, directors of any Insured when
<br />the Claim is in any way related to the pre-
<br />sent, former or prospective employment re-
<br />lations between the claimant and any In-
<br />sured; or
<br />5. Any regulatory authority, or any federal,
<br />state or local governmental agency; except
<br />this exclusion does not apply to a Claim
<br />brought by any of these entities if such entity
<br />is also a client, and the Claim arises from
<br />actual or alleged Wrongful Acts in the In-
<br />sured’s performance of Insured Services
<br />for or on behalf of such agency or entity.
<br />C. The Company is not obligated to pay Damages
<br />or Claim Expense or defend Claims for the
<br />breach of express warranties, guarantees or
<br />contracts; provided, however, with respect to al-
<br />legations of breach of contract this exclusion
<br />shall not apply to any liability that would have at-
<br />tached in the absence of such contract nor to
<br />coverage for Claims for actual or alleged negli-
<br />gent performance of Insured Services.
<br />D. The Company is not obligated to pay Damages
<br />or Claim Expense or defend Claims based up-
<br />EXHIBIT B
<br />Docusign Envelope ID: 719DA141-AC44-83B6-8162-C79EED148CD3
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