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MISCELLANEOUS PROFESSIONAL LIABILITY POLICY <br /> <br />MPL 00 00 12 23 Page 10 of 14 <br /> <br />1. Attorneys fees; <br />2. Costs taxed against an Insured in any suit <br />defended by the Company; <br />3. The cost of appeal bonds or bonds to re- <br />lease attachments, but only for bond <br />amounts within the applicable Limit of Insur- <br />ance. The Company does not have to fur- <br />nish these bonds; and <br />4. Reasonable expenses incurred by an In- <br />sured at the Company’s request, exclud- <br />ing: <br />a. Loss of earnings (except to the extent <br />covered as Claim Attendance Ex- <br />pense); and <br />b. Salaries or other compensation paid to <br />any Insured. <br />G. “Company" means the insurance company <br />stated at the top of the Declarations Page. <br />H. “Damages” means monetary judgment, award <br />or settlement, including those that are actual, <br />statutory, punitive, multiplied or exemplary, if <br />permitted by law in an applicable jurisdiction; <br />and legal expense or other costs included as <br />part of a judgment, award or settlement. Dam- <br />ages also includes interest on any part of any <br />judgment that accrues after entry of the judg- <br />ment and before the Company has paid, offered <br />to pay or deposited in court the part of the judg- <br />ment that is within the applicable Limit of Insur- <br />ance. <br /> Damages does not include fines, penalties, <br />taxes or return of fees, deposits, commissions or <br />charges for goods or services. <br />Damages also does not include costs of correct- <br />ing, performing or re-performing Insured Ser- <br />vices by: <br />1. Any Insured; or <br />2. Another party, when an Insured had the op- <br />portunity to correct, perform or re-perform <br />the service that generated the cost. <br />In determining the insurability of punitive or ex- <br />emplary damages, or the multiplied portion of <br />any multiplied damage award, the law of the ju- <br />risdiction most favorable to the insurability of <br />those damages will control for purposes of re- <br />solving any dispute between the Company and <br />the Insureds, provided that such jurisdiction is: <br />1. Where the punitive, exemplary or multiplied <br />damages were awarded or imposed; <br />2. Where the Wrongful Act giving rise to the <br />Claim took place; <br />3. Where either the Company or any Insured <br />is incorporated, has its principal place of <br />business or resides; or <br />4. Where this policy was issued or became ef- <br />fective. <br />I. “Disciplinary Proceeding” means any action, <br />investigation or request for information by a reg- <br />ulatory or disciplinary official, board or agency <br />authorized by law or administrative order to <br />oversee, investigate or institute actions regard- <br />ing the Insured’s professional misconduct in the <br />performance of Insured Services. <br />J. “First Inception Date” is the Inception Date of <br />the earliest errors and omissions insurance poli- <br />cy the Company issued to the First Named In- <br />sured that provides similar coverage by the <br />Company, provided that there has been uninter- <br />rupted coverage by the Company for the First <br />Named Insured from that earliest policy to this <br />policy. <br />K. The “First Named Insured” is the Named In- <br />sured first listed on the Declarations Page. <br />L. “Individual Insured” means, individually and <br />collectively: <br />1. Any Named Insured that is an individual <br />person; <br />2. Any Named Insured’s stockholders for their <br />liability as stockholders; <br />3. Any Named Insured’s and Subsidiary’s <br />partners, officers, directors and employees, <br />but only with respect to their activities within <br />the scope of their duties in such capacity in <br />the performance of Insured Services by the <br />Named Insured or any Subsidiary; and <br />4. Any Named Insured’s and Subsidiary’s <br />former partners, officers, directors and em- <br />ployees, but only with respect to their activi- <br />ties within the scope of their duties in the <br />capacity of the Named Insured’s partners, <br />EXHIBIT B <br />Docusign Envelope ID: 719DA141-AC44-83B6-8162-C79EED148CD3