2018-08-22 CC Set Agenda Packet - Laserfiche WebLink

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(2) Our right and duty to defend end when we g. Qualityr Performance Of Goods—Failure have used up the applicable limit of insur- To Conform ance in the payment of judgments or set- "Personal and advertising injury' arising out of tlements under Coverages A or B or medi- the failure of goods, products or services to cal expenses under Coverage C. conform with any statement of quality or per- No other obligation or liability to pay sums or formanoe made in your"advertisement". perform acts or services is covered unless ex- h. Wrong Description Of Prices plicitly provided for under Supplementary Pay- ments—Coverages A and B. "Personal and advertising injury' arising out of b. This insurance applies to "personal and adver- the wrong description of the price of goods, tising injury"caused by an offense arising out of products or services stated in your "advertise- your business but only if the offense was com- menft mitted in the "coverage territory"during the pol- i. Infringement Of Copyright, Patent, icy period. Trademark Or Trade Secret 2. Exclusions "Personal and advertising injury" arising out of This insurance does not apply to: the infringement of copyright, patent, trade- mark, trade secret or other intellectual property a. Knowing Violation Of Rights Of Another rights. "Personal and advertising injury" caused by or However, this exclusion does not apply to in- at the direction of the insured with the fringement, in your "advertisement", of copy- knowledge that the act would violate the rights right,trade dress or slogan. of another and would inflict "personal and ad- j. Insureds In Media And Internet Type vertising injury". Businesses b. Material Published With Knowledge Of "Personal and advertising injury" committed by Falsity an insured whose business is: "Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting; or at the direction of the insured with knowledge of its falsity. (2) Designing or determining content of web- c. Material Published Prior To Policy Period sites for others;or "Personal and advertising injury" arising out of (3) An Internet search, access, content or ser- oral or written publication of material whose vice provider. first publication took place before the beginning However, this exclusion does not apply to Par- of the policy period. agraphs 14.a., b. and c. of "personal and ad- d. Criminal Acts vertising injury"under the Definitions Section. "Personal and advertising injury" arising out of For the purposes. of this exclusion, the placing of frames, borders or links, or advertising, for a criminal act committed by or at the direction you or others anywhere on the Internet, is not of the insured. by itself, considered the business of advertis- e. Contractual Liability ing, broadcasting, publishing or telecasting. "Personal and advertising injury" for which the k. Electronic Chatrooms Or Bulletin Boards insured has assumed liability in a contract or "Personal and advertising injury" arising out of agreement. This exclusion does not apply to Ii- an electronic chatroom or bulletin board the in- ability for damages that the insured would have cured hosts, owns, or over which the insured in the absence of the contract or agreement. exercises control. f. Breach Of Contract1. Unauthorized Use Of Another's Name Or "Personal and advertising injury" arising out of Product a breach of contract, except an implied contract "Personal and advertising injury" arising out of to use another's advertising idea in your"adver- the unauthorized use of another's name or tisement product in your e-mail address, domain name or metatag, or any other similar tactics to mis- lead another's potential customers. Page 6 of 15 0 ISO Properties, Inc., 2003 CG 00 01 12 04