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allegation is initiated at or results in a formal civil proceeding in state or federal court but only to the extent of the coverage afforded by Insuring Agreement 1.3.1; or, e. any other regulatory, administrative, or arbitrative proceeding. 4.4 Controlling interest means the right, directly, or indirectly, to (a) vote 30% or more of the issued and outstanding voting stock in an incorporated entity, (b) elect 30% or more of the directors of an incorporated entity, (c) receive 30% or more of the profits of an unincorporated entity, or (d) have the position of general partner of a limited partnership, managing general partner of a general partnership, or comparable position in any other business enterprise. 4.5 Covered act means an act, error, or omission, including breach of contract or duty, breach of fiduciary duty or personal injury arising from professional services performed by any of you. Covered act includes: 1. Misdirection of electronic mail or other electronic media, including but not limited to, an intranet, extranet or internet connection; or 2. Loss or theft of client information transmitted via electronic media or contained on any portable computer or media device used for Professional Legal Services; or 3. Introduction of a computer virus or cybertoxin into, or enabling a denial of service attack on, a third party's computer, computer system, or network; or 4. Enabling unauthorized access by a third party into another third party's computer, computer system or network; or 5. by the insured exceeding authorization in accessing a third party's computer, computer system or network; or 6. Personal Injury arising from your use of electronic media, including the insured publishing an Internet web site or the insured's memberships of a social networking website; arising from Professional Legal Services performed by any of the insured. 4.6 Cybertoxin means an unauthorized hazardous and destructive computer code, which includes, but is not limited to a computer virus, mal ware, ad ware and spy ware, Trojan horses, nematodes, time or logic bombs, or worms. 4.7 Defense costs means: a. reasonable and necessary fees and costs incurred by us or incurred by you with our written consent (including premiums for any appeal bond, attachment bond, or similar bond but without any obligation to apply for or furnish any such bond) resulting from the investigation, adjustment, defense, or appeal of a claim against any of you; provided, however, that defense costs will not include compensation of any of you or our employees or officers; and b. all costs taxed against you in a claim defended by us and interest which accrues after the entry of a judgment and before we have tendered or deposited in court, or otherwise, such judgment amount covered by the terms of this policy and for which you are legally liable. 4.8 Denial of service attack means an action that directs excessive data traffic to a Computer or Computer Network in order to overwhelm its resources and capacity in an attempt to prevent appropriate access by authorized users; however this does not include a reduction in resources and capacity caused by a mistake in the original specification of the Computer or Computer Network capacity requirements. 4.9 Designee means the: (a) individual you have identified as Contact Person in the application; (b) your managing or executive partner; or (c) your management committee, executive committee or general counsel. 4.10 Disciplinary proceeding means a proceeding before a state or local bar association, peer review committee or governmental regulatory agency. LPLPOL01 [10/10] Page 6 of 14 Protective Insurance Company