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(3) Exposure to adverse environmental
<br />conditions, including but not limited to
<br />change in temperature or humidity,
<br />unless such conditions result in an
<br />observable loss of functionality. Loss
<br />of warranty shall not be considered an
<br />observable loss of functionality.
<br />17. "Electronic data" means files, documents,
<br />information and "programs and applications" in
<br />an electronic format and that are stored on
<br />"media".
<br />18. "Electronic Vandalism" means "computer
<br />hacking", "computer virus" or a "denial of
<br />service attack". "Electronic vandalism" does
<br />not include the "theft" of any property or
<br />services.
<br />19. "Employee" or "employees" means:
<br />a. Any natural person or persons:
<br />(1) While in your service and for 30 days
<br />after termination of service; and
<br />(2) Who you compensate directly by
<br />salary, wages or commissions; and
<br />(3) Who you have the right to direct and
<br />control while performing services for
<br />you;
<br />b. Any natural person who is furnished
<br />temporarily to you:
<br />(1) To substitute for a permanent
<br />employee, as defined in paragraph a.
<br />above, who is on leave; or
<br />(2) To meet seasonal or short-term
<br />workload conditions;
<br />c. Any natural person or persons who is
<br />leased to you under a written agreement
<br />between you and a labor leasing firm, to
<br />perform duties related to the conduct of
<br />your business, but does not mean a
<br />temporary "employee" as defined in
<br />paragraph b. above;
<br />d. Any natural person who is a former
<br />"employee", partner, "manager", director
<br />or trustee retained as a consultant while
<br />performing services for you; or
<br />e. Any natural person who is a guest student
<br />or intern pursuing studies or duties,
<br />excluding, however, any such person
<br />while having care and custody or property
<br />outside the described premises;
<br />(2) A director or trustee of yours while
<br />that person is engaged in handling
<br />"funds" or "other property" of any
<br />"employee benefit plan";
<br />"Employee" does not mean any agent,
<br />broker, factor, commission merchant,
<br />consignee, independent contractor or
<br />representative of the same general
<br />character not specified in paragraph 14. of
<br />this section.
<br />20. "Financial institution" means:
<br />a. With regard to SECTION I — PROPERTY,
<br />A. Coverage, 5. Additional Coverage, s.
<br />Money and Securities:
<br />(1) A bank, savings bank, savings and
<br />loan association, trust company, credit
<br />union or similar depository institution;
<br />or
<br />(2) An insurance company.
<br />b. SECTION I — PROPERTY, A. Coverage,
<br />5. Additional Coverage, hh. Computer
<br />and Funds Transfer Fraud:
<br />(1) A bank, savings bank, savings and
<br />loan association, trust company, credit
<br />union or similar depository institution;
<br />(2) An insurance company; or
<br />(3) A stock brokerage firm or investment
<br />com pany.
<br />c. Other than SECTION I — PROPERTY, A.
<br />Coverage, 5. Additional Coverages, s.
<br />Money and Securities and hh.
<br />Computer and Funds Transfer Fraud,
<br />any financial institution.
<br />21. "Fine arts" means paintings, etchings,
<br />pictures, tapestries, rare art glass, art glass
<br />windows, valuable rugs, statuary, sculptures,
<br />"antique" jewelry, bric-a-brac, porcelains and
<br />similar property of rarity, historical value or
<br />artistic merit.
<br />22. "Finished stock" means stock you have
<br />manufactured. "Finished stock" also includes
<br />whiskey and alcoholic products being aged.
<br />"Finished stock" does not include "stock" you
<br />have manufactured that is held for sale on the
<br />premises of any retail outlet.
<br />23. "Flood" means a general and temporary
<br />condition of partial or complete inundation of
<br />normally dry land areas due to:
<br />f. Any natural person who is: a. Surface water or waves, tides, tidal waves,
<br />(1) A trustee, officer, employee, tsunami, overflow of any body of water or
<br />administrator or manager, except an their spray, all whether driven by wind or
<br />administrator or manager who is an not (including storm surge);
<br />independent contractor, of any
<br />"employee benefit plan"; and
<br />391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 55 of 81
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