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the loss or damage were <br />committed or occurred. <br />(9) The insurance provided under <br />paragraph (8) above is part of, not in <br />addition to, the Limit of Insurance <br />applying to this Additional Coverage <br />and is limited to the lesser amount <br />recoverable under: <br />(a) This Additional Coverage as of its <br />effective date; or <br />(b) The prior insurance had it <br />remained in effect. <br />(10) Welfare and Pension Plan ERISA <br />Compliance. In compliance with <br />certain provisions of the Employee <br />Retirement Income Security Act of 1974 <br />(ERI SA): <br />(a) If any Plan is insured jointly with <br />any other entity under this <br />insurance, you or the Plan <br />Administrator must select a Limit <br />of Insurance for the Employee <br />Dishonesty coverage that is <br />sufficient to provide an amount of <br />insurance for each Plan that is at <br />least equal to that required if each <br />Plan were separately insured. <br />(b) If the Insured first named in the <br />Declarations is an entity other <br />than a Plan, any payment we <br />make to that Insured for loss <br />sustained by any Plan will be held <br />by that Insured for the use and <br />.benefit of the Plan(s) sustaining <br />the loss. <br />(c) If two or more Plans are insured <br />under this insurance, any <br />payment we make for loss: <br />(1) Sustained by two or more <br />Plans; or <br />(2) Of commingled funds or other <br />property of two or more Plans <br />that arises out of one <br />"occurrence" because of <br />dishonest acts of "employees ", it <br />is to be shared by each Plan <br />sustaining loss in the proportion <br />that the amount of Insurance <br />required for each such Plan under <br />ERISA provisions bears to the <br />total of those amounts. <br />(d) The Deductible Condition <br />applicable to the "Employee" <br />Dishonesty Additional Coverage <br />does not apply to loss sustained <br />by any Plan subject to ERISA <br />391 - 1003 06 09 <br />17,962 <br />which is Insured under this <br />insurance. <br />q. Arson and Theft Reward <br />In the event that a covered fire loss was <br />the result of an act of arson, or you <br />suffered a covered "theft" loss, we will <br />reimburse you up to $10,000 for rewards <br />that you pay for information leading to <br />convictions for that act of arson or "theft ". <br />This Additional Coverage is not subject to <br />the Limits of Insurance of Section I - <br />Property. <br />r. Computer Equipment <br />(1) When caused by or resulting from a <br />Covered Cause of Loss, we will pay <br />for direct physical loss to the <br />following Covered Property which is <br />your property or the property of <br />others in your care, custody or <br />control: <br />(a) "Computer equipment" or <br />"computer(s) "; <br />(b) Climate control equipment and <br />fire protective equipment used <br />exclusively with your "computer <br />equipment'; <br />(c) Programming documentation and <br />Instruction manuals; and <br />(d) The necessary loss of Business <br />Income and Extra Expense as <br />provided in the Additional <br />Coverages for Business Income <br />and Extra Expense you incur to <br />avoid or minimize the suspension <br />of business and to continue <br />"operations" because of direct <br />physical loss or damage to <br />covered property. <br />(2) We will not pay for any loss or <br />damage to the following property: <br />(a) Property you rent, loan or lease <br />to others while it is away from <br />the described premises; <br />(b) Property you hold for sale, <br />distribute or manufacture except <br />as provided under Section I - <br />Property A. Coverage, 1. Covered <br />Property paragraph b.; or <br />(c) "Software" that cannot be <br />duplicated or replaced with <br />similar property of equal quality <br />and /or substantially similar <br />functionality. <br />(3) If we provide Building coverage only, <br />we will only pay for loss to computers <br />Includes copyrighted material of Insurance Services Page 18 of 66 <br />Office, Inc. with its permission <br />