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insured's claim servicing agency and we shall d. Criminal Acts cooperate in such investigation, defense or "Personal and advertising injury" arising out of settlement. a criminal act committed by or at the direction Any right or opportunity we have exercised to of the insured. participate in or control the defense ends at e. Contractual Liability our discretion, but in all events ends when we have used up the limit of insurance in the "Personal and advertising injury" for which the payment of judgments or settlements to which insured has assumed liability in a contract or this Coverage Part applies. agreement. This exclusion does not apply to liability for damages that the insured would e. In no event shall: have in the absence of the contract or (1) The "self-insured retention"be reduced by agreement. your or any insured's overhead, cost f. Breach Of Contract of investigation of claim by salaried "Personal and advertising injury" arising out of "employees", or"employee"time; nor any expenses or appeals not incurred with our a breach of contract, except an implied written consent pursuant to the Duties In contract to use another's "advertising idea" in The Event of Occurrence, Offense, Claim your"advertisement". or Suit Condition in Section IV or the g. Quality Or Performance Of Goods -Failure Appeals Condition in Section IV; or To Conform To Statements (2) We have any obligation or liability to pay "Personal and advertising injury" arising out of sums or performs acts or services unless the failure of goods, products or services to explicitly provided for under conform with any statement of quality or Supplementary Payments - Coverages A performance made in your"advertisement". and B. h. Wrong Description Of Prices f. The amount we will pay for damages is limited "Personal and advertising injury" arising out of as described in Section III - Limits Of the wrong description of the price of goods, Insurance. We have no other obligation to pay products or services. anything unless explicitly provided for under i. Infringement Of Intellectual Property Supplementary Payments- Coverages A and Rights B. g. This insurance applies to "personal and "Personal and advertising injury" arising out of advertising injury" caused by an offense any such violation copyright intellectual trademarkproperty rights trade arising out of your business but only if the offense was committed in the "coverage name, trade secret, service mark or other territory"during the "policy period". designation of origin or authenticity. 2. Exclusions However,this exclusion does not apply to This insurance does not apply to: infringement, in your"advertisement", of: a. Knowing Violation Of Rights Of Another (1) Copyright; (2) Slogan, unless the slogan is also a "Personal and advertising injury" arising out of trademark, trade name, service mark or an offense committed by, at the direction or other designation of origin or authenticity; with the consent or acquiescence of the or insured with the expectation of inflicting (3)Title of any literary or artistic work. "personal and advertising injury". b. Material Published With Knowledge Of j• Insureds In Media And Internet Type Falsity Businesses "Personal and advertising injury" arising out of "Personal and advertising injury" committed oral, written or electronic publication of by an insured whose business is: material, if done by or at the direction of the (1)Advertising, broadcasting, publishing or insured with knowledge of its falsity. telecasting; c. Material Published Prior To Policy Period (2) Designing or determining content of web "Personal and advertising injury" arising out of sites for others; or oral, written or electronic publication of (3) An Internet search, access, content or material whose first publication took place service provider. before the beginning of the "policy period". However,this exclusion does not apply to Paragraphs 20.a., b. and c. of"personal and Page 8 of 23 Form EH 00 02 06 05