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5.3 arising out of, based upon, attributable to, or alleging activities performed by you in connection with a trust
<br />or estate if you are a beneficiary or distributes of the trust or estate;
<br />5.4 arising out of, based upon, attributable to, or alleging activities performed by you as a fiduciary under the
<br />Employee Retirement Income Security Act of 1974, its amendments, or any regulations or orders
<br />promulgated pursuant thereto unless you are a fiduciary solely due to professional services rendered to
<br />clients;
<br />5.5 arising out of, based upon, attributable to, or alleging a covered act committed by you in connection with
<br />any business enterprise which is not the NAMED INSURED if, at the time of such covered act any of you,
<br />had a Controlling Interest in such business enterprise. This exclusion applies whether or not a lawyer-
<br />client relationship existed;
<br />5.6 arising out of, based upon, attributable to, or alleging the activities performed by you as a public official or
<br />as an employee of a governmental body, subdivision, or agency thereof, unless you are employed solely to
<br />render professional services and the remuneration for the professional services is paid to you;
<br />5.7 arising out of, based upon, attributable to, or alleging bodily injury, sickness, disease, death, mental
<br />anguish, emotional distress, or humiliation to any person. However, this exclusion does not apply to mental
<br />anguish, emotional distress, or humiliation solely caused by personal injury;
<br />5.8 arising out of, based upon, attributable to, or alleging property damage including destruction or loss of use
<br />of tangible property. However, this exclusion does not apply to client records which are in your care,
<br />custody or control, or over which you are exercising physical control for any reason;
<br />5.9 except as provided in clause 1.3.5 Discriminatory Complaint Regulatory Coverage, arising out of any of
<br />your past or present directors, officers, partners, members or employees alleging discrimination by you on
<br />the basis of age, color, race, sex, sexual orientation, creed, national origin, or marital status;
<br />5.10 arising out of, based upon, attributable to, or alleging any liability assumed by you under any contract or
<br />agreement whereby you have agreed to participate in the payment of a loss, including lawyer's fees, court
<br />costs, and costs payable under a title insurance policy.
<br />5.11 any claim arising in whole or in part out of notarized certification or acknowledgment of a signature without
<br />the physical appearance before such notary public.
<br />6. CONDITIONS
<br />6.1 Territory
<br />This policy applies to covered acts occurring worldwide and suits brought in the United States its' territories
<br />and possessions and Canada.
<br />6.2 Multiple persons and entities insured, claims, and claimants
<br />All claims alleging a covered act or interrelated covered acts regardless of: the number of claims; the
<br />number of you insured; or, the number of claimants; are considered to be one claim. All such claims are
<br />considered first made at the time the first claim alleging such covered act or interrelated covered acts
<br />was first made. Interrelated covered acts are deemed to have occurred at the time the first interrelated
<br />covered act occurred.
<br />6.3 Notice of Claim and Claim Reporting Procedures
<br />6.3.1 If, during the policy period or, if applicable, extended reporting period, either
<br />a. a claim is made against any of you; or
<br />b. (i) you (if an individual), (ii) any partner, principal, director, officer or shareholder (iii) any member
<br />of your management or executive committee, or (iv) any person of the NAMED INSURED with
<br />management responsibility for evaluating or dealing with actual or potential claims against you
<br />LPLPOL01 [10/10] Page 9 of 14 Protective Insurance Company
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