KIMLEY-HORN AND ASSOCIATES, INC. (7)

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However, such person or entities are covered under Insuring Clause I.B. of this Policy solely with respect to Damages and Claims Expenses arising from Professional Services rendered or Contracting Services performed by or on behalf of the Named Insured and are not covered for any Damages and Claims Expenses arising from the person or entity's own acts, errors or omissions. Any Person or entity of the Named Insured are covered under Insuring Clause I.B. of this Policy, subject to Clause Vill., only for the Limits of Liability required by the written contract or agreement. Any coverage provided to an additional Insured under the Named Insured's architect, engineers and contractors pollution liability insurance shall be excess over any other valid and collectible insurance available to such additional Insured unless a written contract or written agreement specifically requires that this insurance apply on a primary and non-contributory basis, strictly by prior written agreement from underwriters. N. "Malicious Code" means any virus, Trojan Horse, worm or other similar software program,code or script intentionally designed to insert itself into computer memory or onto a computer disk and spread itself from one computer to another. O. "Media Communication" means the display, broadcast, dissemination, distribution or release of Media Material to the public by the Named Insured. P. "Media Material" means information in the form of words, sounds, numbers, images,or graphics in electronic, print or broadcast form, including Advertising, but does not mean computer software. Q. "Media Activities" means Media Communication and/or the gathering, collection or recording of Media Material for inclusion in any Media Communication in the ordinary course of the Named Insured's business. R. "Mediation" means the voluntary and otherwise non-binding process by which a qualified professional mediator mutually agreed upon by the parties intercedes between the parties with the intention to reconcile them to resolve a Claim. The term Mediation shall not include or mean other dispute resolution by litigation or arbitration. S. "Named Insured"means only those persons, partnerships,corporations or entities specified in the Declarations. I . Named Insured means only those persons, partnerships, corporations or entities specified in the Declarations. 1 The term Named Insured and/or Insured shall include any and all affiliates, divisions, subsidiary corporations, or subsidiary limited liability companies thereof, of any tier, in the past, as now or hereafter constituted; and any other legal entity in which the first Named Insured and/or(or the majority owners of the First Named Insured and/or any Insured) have more than fifty percent (50%) ownership or over which the first Named Insured (or the majority owners of the first Named Insured) exercise management or financial control and have contractually agreed to provide insurance for such entity. 3. The Named Insured shall include any entity that is owned fifty percent (50%) or greater by employees of the Named Insured provided that such entity was created to meet state or other regulations requiring that only registered professionals can own a design firm subject to the terms and conditions of Clause XVII.A. T. "Optional Extension Period" means the period of time after the end of the Policy Period for reporting Claims as provided in Clause XII. of this Policy. 17