|
a. conduct by any Insured that is criminal, fraudulent, dishonest or with the intent to cause damage; however, this
<br />Exclusion shall not apply to Claim Expenses incurred until a final judgment or adjudication is rendered against
<br />any Insured for such conduct at which time the Insured shall reimburse the Insurer for Claim Expenses paid or
<br />incurred on account of such Claim. The Insurer will not defend the Insured in any criminal proceedings.
<br />This Exclusion will apply separately to each Insured and will not apply to any Insured who did not commit, par-
<br />ticipate in, acquiesce to, or ratify such conduct committed by another Insured.
<br />b. the gaining by any Insured of any personal profit, remuneration or advantage to which any Insured was not
<br />legally entitled.
<br />c. any Claim brought or maintained by, on behalf of, or in the right of:
<br />(i) any Insured. However, this Exclusion does not apply to any Claim brought or maintained by, on behalf of, or
<br />in the right of any entity whom the Named Insured or Subsidiary is required by written contract to add as an
<br />additional insured under this Policy; or
<br />(ii) any person or entity related to an Insured through common ownership, control, or management.
<br />d. any express warranties or guarantees by any Insured, or liability assumed by any Insured under any contract or
<br />agreement, unless an Insured would have been legally liable in the absence of such contract or agreement.
<br />e. any Circumstance of which any partner, member, director, or officer of the Insured was aware prior to the effec-
<br />tive date of this Policy and could have reasonably expected to give rise to a Claim; or any future Claim or litiga-
<br />tion based upon or derived from the same or essentially the same Circumstance; provided that, if this Policy is a
<br />renewal of a Policy or Policies previously issued by the Insurer and if the coverage provided by the Insurer was
<br />continuous from the effective date of the first such other Policy to the effective date of this Policy, the reference in
<br />this Exclusion to "effective date" will mean the effective date of the first Policy under which the Insurer first
<br />provided continuous coverage to an Insured.
<br />f. any Circumstance or Claim, which prior to the effective date of this Policy was the subject of any notice under
<br />any prior insurance policy.
<br />g. any actual or alleged Bodily Injury or Property Damage; however, this Exclusion shall not apply to mental
<br />anguish or emotional distress in a Claim for Personal Injury.
<br />h. any actual or alleged failure to effect or maintain any insurance or bond.
<br />i. any actual or alleged activity by any Insured in a fiduciary capacity as respects any employee benefit or pension
<br />plan under the Employee Retirement Income Security Act of 1974 (ERISA) or any amendments thereof or similar
<br />state, federal or local statutory laws or common law.
<br />j. any actual or alleged violation of any securities, antitrust, restraint of trade, unfair trade practices, consumer pro-
<br />tection, or other similar law by any person, including but not limited to any Insured.
<br />k. any actual or alleged or threatened discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids,
<br />alkalis, toxic chemicals, lead, liquids or gases, waste materials, or other irritants, contaminants or pollutants into or
<br />upon land, the atmosphere or any water course or body of water, whether or not such actual, alleged or
<br />threatened discharge, dispersal, release or escape is sudden, accidental or gradual in nature, or any cost or
<br />expense arising out of any request, demand, or order that an Insured or others test for, monitor, clean up,
<br />remove, contain, treat, detoxify or neutralize any pollutants.
<br />I. a Claim asserted by a current, prior, or prospective Employee of an Insured.
<br />m. any actual or alleged infringement of any copyright, patent, trademark, trade name, trade dress or service mark;
<br />or wrongful appropriation, use, or disclosure of trade secrets by any person, including but not limited to any
<br />Insured.
<br />n. any actual or alleged failure of any Insured to honor an Insured's cost guarantee or cost estimates for Profes-
<br />sional Services rendered or to be rendered.
<br />RTP 101 (02/17) Page 5 of 10
<br />Insured
<br />
|