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BUSINESS LIABILITY COVERAGE FORM
<br />o. Recall Of Products, Work Or Impaired
<br />Property
<br />Damages claimed for any loss, cost or
<br />expense incurred by you or others for the
<br />loss of use, withdrawal, recall, inspection,
<br />repair, replacement, adjustment, removal
<br />or disposal of:
<br />(1) "Your product";
<br />(2) "Your work"; or
<br />(3) "Impaired property";
<br />if such product, work or property is
<br />withdrawn or recalled from the market or
<br />from use by any person or organization
<br />because of a known or suspected defect,
<br />deficiency, inadequacy or dangerous
<br />condition in it.
<br />p. Personal And Advertising Injury
<br />"Personal and advertising injury":
<br />(1) Arising out of oral, written or electronic
<br />publication of material, if done by or at
<br />the direction of the insured with
<br />knowledge of its falsity;
<br />(2) Arising out of oral, written or electronic
<br />publication of material whose first
<br />publication took place before the
<br />beginning of the policy period;
<br />(3) Arising out of a criminal act committed
<br />by or at the direction of the insured;
<br />(4) Arising out of any breach of contract,
<br />except an implied contract to use
<br />another's "advertising idea" in your
<br />"advertisement";
<br />(5) Arising out of the failure of goods,
<br />products or services to conform with
<br />any statement of quality or
<br />performance made in your
<br />"advertisement";
<br />(6) Arising out of the wrong description of
<br />the price of goods, products or services;
<br />(7) Arising out of any violation of any
<br />intellectual property rights such as
<br />copyright, patent, trademark, trade
<br />name, trade secret, service mark or
<br />other designation of origin or
<br />authenticity.
<br />However, this exclusion does not
<br />apply to infringement, in your
<br />"advertisement", of
<br />(a) Copyright;
<br />(b) Slogan, unless the slogan is also
<br />a trademark, trade name, service
<br />mark or other designation of origin
<br />or authenticity; or
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<br />(c)
<br />Title of any literary or artistic work;
<br />(8) Arising out of an offense committed by
<br />an
<br />insured whose business is:
<br />(a)
<br />Advertising, broadcasting,
<br />publishing or telecasting;
<br />(b)
<br />Designing or determining content
<br />of web sites for others; or
<br />(c)
<br />An Internet search, access,
<br />content or service provider.
<br />However, this exclusion does not
<br />apply to Paragraphs a., b. and c.
<br />under the definition of "personal and
<br />advertising injury" in Section G. —
<br />Liability And Medical Expenses
<br />Definitions.
<br />For the purposes of this exclusion,
<br />placing an "advertisement" for or
<br />linking to others on your web site, by
<br />itself, is not considered the business
<br />of advertising, broadcasting,
<br />publishing or telecasting;
<br />(9) Arising out of an electronic chat room
<br />or bulletin board the insured hosts,
<br />owns, or over which the insured
<br />exercises control;
<br />(10) Arising out of the unauthorized use of
<br />another's name or product in your e-mail
<br />address, domain name or metatags, or
<br />any other similar tactics to mislead
<br />another's potential customers;
<br />(11) Arising but of the violation of a
<br />person's right of privacy created by
<br />any state or federal act.
<br />However, this exclusion does not
<br />apply to liability for damages that the
<br />insured would have in the absence of
<br />such state or federal act;
<br />(12) Arising out of:
<br />(a) An "advertisement" for others on
<br />your web site;
<br />(b) Placing a link to a web site of
<br />others on your web site;
<br />(c) Content from a web site of others
<br />displayed within a frame or border
<br />on your web site. Content includes
<br />information, code, sounds, text,
<br />graphics or images; or
<br />(d) Computer code, software or
<br />programming used to enable:
<br />(i) Your web site; or
<br />(ii) The presentation or functionality
<br />of an "advertisement" or other
<br />content on your web site;
<br />Form SS 00 08 04 05
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