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27, Either in whole or in part, directly or indirectly, relating to any withdrawal or recall of electronic products
<br /> or systems or of work compiled by the Assured or on their behalf or any property of which such
<br /> products forms a part; provided, however, this exclusion shall not apply to Claims'by third parties
<br /> caused solely by loss of use as a result of the provision of Technology Services by the Assured. Loss
<br /> of use means the inability to use or access such electronic products, systems, work or property
<br /> resulting from the withdrawal or recall of such products, systems, work or property.
<br /> DEFINITIONS
<br /> As used throughout this Policy, whether expressed in singular or plural:
<br /> 9. Advertising means material which promotes the product, service or business of the Named Assured
<br /> or others.
<br /> 2. Construction Manager including program manager, means a person or organization that provides
<br /> professional consulting services to a project owner for a fee to assist in the oversight of a project and
<br /> the progress of the design and construction process.
<br /> 3. Assured shalt mean
<br /> (a) the Named Assured, any Predecessor Firm and any Subsidiary.
<br /> (b) any present principal, partner, director, officer, member, shareholder, trustee, employee or
<br /> Temporary Employee of the Named Assured but only while acting in his capacity as such on
<br /> behalf of the Named Assured-
<br /> (c) a former or retired principal, partner, director, officer, member, shareholder, trustee, employee
<br /> or Temporary Employee, but only while acting in his capacity as such on behalf of the Named
<br /> Assured during the period of service with the Named Assured.
<br /> (d) the estate, legal heir, executor, administrator,or legal representative of an Assured in the event
<br /> of an Assured's death, incapacity, insolvency or bankruptcy but only in respect of the Assured
<br /> acting in his capacity as a principal, partner, director, officer or employee on behalf of the
<br /> Named Assured during his period of service with the Named Assured.
<br /> (e) a spouse or legally recognized domestic partner of any Assured,but only for Claims arising out
<br /> of their status as such, including where such Claim seeks and award or damages from marital
<br /> community property, jointly held property, or property transferred from an Assured to their
<br /> spouse or legally recognized domestic partner.
<br /> (f) any independent contractor engaged by any Assured to act on its behalf, but only while acting
<br /> in his capacity as such on behalf of the Named Assured.
<br /> (f) a Joint Venture in which the Named Assured participates as a co-venturer but only with
<br /> respect to the liability imposed on the Named Assured for its participation in such joint venture
<br /> arising out of (a) any negligent act, error or omission in rendering or failing to render
<br /> Professional Services by the Named Assured or by any entity for whom the Named
<br /> Assured is legally liable or (b) the performance of Technology Services by the Named
<br /> Assured or by any entity for whom the Named Assured is legally liable, or
<br /> (c) as a result of a Pollution Event at a contract site arising out of the performance of
<br /> Contracting Services by the Named Assured or by any entity for whom the Named Assured
<br /> is legally liable, all as more fully described in COVERAGE A, B or C. This definition does not
<br /> extend coverage, and no coverage will be provided, for Damages or Claims Expenses to the
<br /> Joint Venture itself or any other entity or individual that is part of the Joint Venture.
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