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However, unless Paragraph (1) above <br />applies, this exclusion does not apply to <br />damages because of "bodily injury'. <br />As used in this exclusion, electronic data <br />means information, facts or programs stored <br />as or on, created or used on, or transmitted to <br />or from computer software, including systems <br />and applications software, hard or floppy <br />disks, CD-ROMS, tapes, drives, cells, data <br />processing devices or any other media which <br />are used with electronically controlled <br />equipment. <br />q. Employment -Related Practices <br />'Bodily injury' to: <br />(1) A person arising out of any "employment - <br />related practices" or <br />(2) The spouse, child, parent, brother or sister <br />of that person as a consequence of "bodily <br />injury' to that person at whom any <br />"employment -related practices" are <br />directed. <br />This exclusion applies: <br />(1) Whether the injury -causing event <br />described in the definition of "employment - <br />related practices" occurs before <br />employment, during employment or after <br />employment of that person; <br />(2) Whether the insured may be liable as an <br />employer or in any other capacity; and <br />(3) To any obligation to share damages with <br />or repay someone else who must pay <br />damages because of the injury. <br />r. Asbestos <br />(1) 'Bodily injury' or "property damage" <br />arising out of the "asbestos hazard". <br />(2) Any damages, judgments, settlements, <br />loss, costs or expenses that: <br />(a) May be awarded or incurred by reason <br />of any claim or suit alleging actual or <br />threatened injury or damage of any <br />nature or kind to persons or property <br />which would not have occurred in <br />whole or in part but for the "asbestos <br />hazard"; <br />(b) Arise out of any request, demand, <br />order or statutory or regulatory <br />requirement that any insured or others <br />test for, monitor, clean up, remove, <br />encapsulate, contain, treat, detoxify or <br />neutralize or in any way respond to or <br />assess the effects of an "asbestos <br />hazard"; or <br />(c) Arise out of any claim or suit for <br />damages because of testing for, <br />monitoring, cleaning up, removing, <br />encapsulating, containing, treating, <br />Page 6 of 21 <br />detoxifying or neutralizing or in any <br />way responding to or assessing the <br />effects of an "asbestos hazard". <br />s. Recording And Distribution Of Material Or <br />Information In Violation Of Law <br />'Bodily injury' or "property damage" arising <br />directly or indirectly out of any action or <br />omission that violates or is alleged to violate: <br />(1) The Telephone Consumer Protection Act <br />(TCPA), including any amendment of or <br />addition to such law; <br />(2) The CAN-SPAM Act of 2003, including <br />any amendment of or addition to such law; <br />(3) The Fair Credit Reporting Act (FCRA), and <br />any amendment of or addition to such law, <br />including the Fair and Accurate Credit <br />Transaction Act (FACTA); or <br />(4) Any federal, state or local statute, <br />ordinance or regulation, other than the <br />TCPA or CAN-SPAM Act of 2003 or FCRA <br />and their amendments and additions, that <br />addresses, prohibits or limits the printing, <br />dissemination, disposal, collecting, <br />recording, sending, transmitting, <br />communicating or distribution of material <br />or information. <br />Damage To Premises Rented To You - <br />Exception For Damage By Fire, Lightning Or <br />Explosion <br />Exclusions c. through h, and j. through n. do not <br />apply to damage by fire, lightning or explosion to <br />premises while rented to you or temporarily <br />occupied by you with permission of the owner. A <br />separate limit of insurance applies to this <br />coverage as described in Section III - Limits Of <br />Insurance. <br />COVERAGE B PERSONAL AND ADVERTISING <br />INJURY LIABILITY <br />1. Insuring Agreement <br />a. We will pay those sums that the insured <br />becomes legally obligated to pay as damages <br />because of "personal and advertising injury' <br />to which this insurance applies. We will have <br />the right and duty to defend the insured <br />against any "suit' seeking those damages. <br />However, we will have no duty to defend the <br />insured against any "suit' seeking damages <br />for "personal and advertising injury" to which <br />this insurance does not apply. We may, at our <br />discretion, investigate any offense and settle <br />any claim or "suit' that may result. But: <br />(1) The amount we will pay for damages is <br />limited as described in Section III - Limits <br />Of Insurance; and <br />(2) Our right and duty to defend end when we <br />have used up t <br />insurance in the p W tuakMn ySlmmtoa9lvn <br />v RenexED & APPRovtD ar: <br />F P, V <br />Rhk lAanagement Analyst <br />