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c. Prior Offenses
<br />"Advertising injury' or "personal injury" arising
<br />out of any offense first committed before the
<br />beginning of the policy period.
<br />d. Crime Or Fraud
<br />"Advertising injury" or "personal injury" arising
<br />out of any criminal or fraudulent conduct com-
<br />mitted by or with the consent or knowledge of
<br />the insured.
<br />e. Contracts
<br />"Advertising injury" or "personal injury" for
<br />which the insured is obligated to pay damages
<br />by reason of assumption of liability in a con-
<br />tract or agreement. This exclusion does not
<br />apply to the liability for damages:
<br />(1) That such insured would have in the ab-
<br />sence of such contract or agreement; or
<br />(2) Assumed in a written contract or agreement
<br />that is an "insured contract", provided the
<br />"advertising injury" or "personal injury" to
<br />which this insurance applies is caused by
<br />an offense first committed after the execu-
<br />tion of such contract or agreement.
<br />C Breach Of Contract
<br />"Advertising injury' or "personal injury" arising
<br />out of breach of contract.
<br />g. Failure To Conform To Representations Or
<br />Warranties
<br />"Advertising injury" or "personal injury" arising
<br />out of the failure of goods, products or services
<br />to conform with any electronic, oral, written or
<br />other representation or warranty of durability,
<br />fitness, performance, quality or use.
<br />h. Wrong Description Of Prices
<br />"Advertising injury" or "personal injury" arising
<br />out of the wrong description of the price of
<br />goods, products or services.
<br />I. Media Type Businesses
<br />"Advertising injury" or "personal injury" arising
<br />out of an offense committed by or on behalf of
<br />an insured whose business is advertising,
<br />broadcasting, cablecasting, publishing, tele-
<br />casting or telemarketing.
<br />This exclusion does not apply to "personal inju-
<br />ry" caused by an offense described in Para-
<br />graphs 21. a., b. and c. of the definition of
<br />"personal injury" under the Definitions Section.
<br />j. Internet Activities
<br />"Advertising injury' or "personal injury" arising
<br />out of:
<br />(1) Controlling, creating, designing or develop-
<br />ing of another's Internet site;
<br />(2) Controlling, creating, designing, developing,
<br />determining or providing the content or ma-
<br />terial of another's Internet site;
<br />(3) Controlling, facilitating or providing, or failing
<br />to control, facilitate or provide, access to the
<br />Internet or another's Intemet site; or
<br />(4) Publication of content or material on or from
<br />the Internet, other than material developed
<br />by you to or at your direction.
<br />k. Continuing Offenses
<br />"Advertising injury" or "personal injury" that
<br />arises out of that part of an offense that contin-
<br />ues or resumes after the later of the end of the
<br />policy period of:
<br />(1) This insurance; or
<br />(2)A subsequent, continuous renewal or re-
<br />placement of this insurance, that:
<br />(a) Is issued to you by us or by an affiliate
<br />of ours;
<br />(b) Remains in force while the offense con-
<br />tinues; and
<br />(c) Would otherwise apply to "advertising
<br />injury" and "personal injury".
<br />Pollution
<br />"Advertising injury" or "personal injury" arising
<br />out of the actual, alleged or threatened dis-
<br />charge, dispersal, seepage, migration, release
<br />or escape of "pollutants" at any time.
<br />m. Pollution -Related
<br />Any loss, cost or expense arising out of any:
<br />(1) Request, demand, order or statutory or
<br />regulatory requirement that any insured or
<br />others test for, monitor, clean up, remove,
<br />contain, treat, detoxify or neutralize, or in
<br />any way respond to, or assess the effects
<br />of, "pollutants"; or
<br />(2) Claim or suit by or on behalf of a govern-
<br />mental authority for damages because of
<br />testing for, monitoring, cleaning up, remov-
<br />ing, containing, treating, detoxifying or neu-
<br />tralizing, or in any way responding to, or
<br />assessing the effects of, "pollutants".
<br />n. Access Or Disclosure Of' Confidential Or
<br />Personal Information
<br />"Personal and advertising injury" arising out of
<br />any access to or disclosure of any person's or
<br />organization's confidential or personal infor-
<br />mation, including patents, trade secrets, pro-
<br />cessing methods, customer lists, financial in-
<br />formation, credit card information, health
<br />information or'any other type of nonpublic in-
<br />formation.
<br />Page 6 of 16 Includes copyrighted material ISIkme 6ArrRa�m BY:
<br />O Properties, Form 10. `n` Tau P&,w"
<br />Inc., with its permission
<br />Rek M,na9enm[ Cleiul N,le
<br />
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