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DATA BREACH COVERAGE - RESPONSE EXPENSE Declarations. Subject to the terms and conditions of the Policy, we will pay the amount of loss in excess of the applicable deductible up to the applicable limit of insurance shown in the Coverage Part Declarations. E. DUTIES IN THE EVENT OF LOSS 1. You must report the "data breach" to us on or within 30 days of your discovery of the "data breach" and, you must: a. Immediately record the specifics of the "data breach", and the date discovered. b. Cooperate with us in the investigation of the "data breach". c. Assist us, upon our request in the enforcement of any right against any person or organization which may have accessed, lost, stolen or disclosed the information or data giving rise to a "data breach". d. You may not, except at your own cost, voluntarily make a payment, assume any obligation, or incur any expense without our prior written consent. 2. You have up to one year from the date of reporting a "data breach" to initiate the services provided to you. 3. As soon as possible, give us, and/or our agent, a description of how, when and where the "data breach" occurred, including but not limited to all of the following information as it becomes known to you: a. The method of "data breach"; b. The approximate date and time of the "data breach"; c. The approximate number of files compromised as a result of the "data breach"; d. A detailed description of the type and nature of the information that was compromised; e. Whether or not the information was encrypted, and, if so, the level of encryption; f. Whether or not law enforcement has been notified; g. If available, the place of domicile for all persons whose "personally identifiable information" was the subject of a "data breach"; h. If available, who received the information contained in the "data breach" and i. Any other access, information or documentation we reasonably require to investigate or adjust the loss Page 2 of 3 4. Take all reasonable steps to protect "personally identifiable information" remaining in your care, custody or control. 5. Preserve, and permit us to inspect, all evidence of the "data breach". 6. If requested, permit us to question you under oath, orally or in writing, at such times as may be reasonably required about any matter relating to this insurance or the loss, including copies of your books and records. In answering questions in writing, your answers must be signed. F. EXCLUSIONS This insurance does not cover: 1. "Data breach expenses" relating to any "data breach" arising out of a criminal, fraudulent or dishonest act, error or omission, or any intentional or knowing violation of the law by an insured. 2. "Data breach expenses" incurred in connection with any criminal investigations or proceedings, or any civil investigations or proceedings initiated by a governmental agency or authority. 3. Any costs to correct a deficiency in your systems, including but not limited to, data security, data storage or physical security and procedures. 4. "Data breach expenses" related to a "data breach" arising out of any failure to apply or improper application of necessary software patches. 5. Any fines, penalties, or surcharges. 6. Costs or losses incurred by a person whose "personally identifiable information" was the subject of a "data breach" except as provided under "data breach expenses". 7. "Data breach expenses" relating to any "data breach" that was known to an insured prior to the "policy period". 8. "Data breach expenses" arising from a failure to comply with any state, federal, foreign or self -regulatory requirement around minimum data security standards. G. CONDITIONS 1. The first named insured must pay all premiums when due. We will pay any return premium to the first named insured. 2. Our obligation to pay "data breach expenses" will only be in excess of the applicable deductible as stated in the Coverage Part Declarations. 3. To the extent " paid for service ew cF 4`°x RAMwagmedDMsiuR REVIEWED & APPROVED BY: provider, you ML .. . V --� Rusk Pjanagement Analpt