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2. Exclusions <br />This insurance does not apply to: <br />a. Knowing Violation Of Rights Of Another <br />"Personal and advertising injury" arising out of an <br />offense committed by, at the direction or with the <br />consent or acquiescence of the Insured with the <br />expectation of inflicting "personal and advertising <br />injury". <br />b. Material Published With Knowledge Of Falsity <br />It <br />and advertising injury" arising out of oral, <br />written or electronic publication of material, if done <br />by or at the direction of the insured with knowledge <br />of its falsity. <br />c. Material Published Prior To- Policy Period <br />"Personal and advertising injury" arising out of oral, <br />written or electronic publication of material whose <br />first publication took place before the beginning of <br />the policy period. <br />d. Criminal Acts <br />"Personal and advertising injury" arising out of a <br />criminal act committed by or at the direction of the <br />insured. <br />e. Contractual Liability <br />"Personal and advertising injury" for which the <br />insured has assumed liability in a contract or <br />agreement. This exclusion does not apply to liability <br />for damages that the insured would have in the <br />absence of the contract or agreement. <br />f. Breach Of Contract <br />"Personal and advertising injury" arising out of a <br />breach of contract, except an implied contract to use <br />another's "advertising idea" in your "advertisement". <br />g. Quality Or Performance Of Goods — Failure To <br />Conform To Statements <br />"Personal and advertising injury" arising out of the <br />failure of goods, products or services to conform <br />with any statement of quality or performance made <br />in your "advertisement". <br />h. Wrong Description Of Prices <br />"Personal and advertising injury" arising out of the <br />wrong description of the price of goods, products or <br />services. <br />Ji. Infringement Of Intellectual Property Rights <br />"Personal and advertising injury" arising out of any <br />violation of any intellectual property rights such as <br />copyright, patent, trademark, trade name, trade <br />secret, service mark or other designation of origin <br />or authenticity. <br />However, this exclusion does not apply to <br />infringement, in your "advertisement", of: <br />(1) Copyright; <br />(2) Slogan, unless the slogan is also a trademark, <br />trade name, service mark or other designation <br />of origin or authenticity; or <br />(3) Title of any literary or artistic work. <br />j. Insureds In Media And Internet Type <br />Businesses <br />"Personal and advertising injury" committed by an <br />insured whose business is: <br />(1) Advertising, broadcasting, publishing or <br />telecasting; <br />(2) Designing or determining content of web sites <br />for others, or <br />(3) An Internet search, access, content or service <br />provider. <br />However, this exclusion does not apply to <br />Paragraphs 17.a., b. and c. of "personal and <br />advertising injury" under the Definitions Section. <br />For the purposes of this exclusion, placing an <br />"advertisement" for or linking to others on yogi web <br />site, by itself, is not considered the business of <br />advertising, broadcasting, publishing ortelecasting. <br />k. Electronic Chatrooms Or Bulletin Boards <br />"Personal and advertising injury" arising out of an <br />electronic chatroom or bulletin board the insured <br />hosts, owns, or over which the insured exercises <br />control. <br />I. Unauthorized Use Of Another's Name Or <br />Product <br />"Personal and advertising injury" arising out of the <br />unauthorized use of another's name or product in <br />your e-mail address, domain name or metatags, or <br />any other similar tactics to mislead another's <br />potential customers. <br />m. Pollution <br />"Personal and advertising injury" arising out of the <br />actual, alleged or threatened discharge, dispersal, <br />seepage, migration, release or escape of <br />"Pollutants" at any time. <br />n. 1P oftution-Related <br />Any loss, cost or expense arising out of any: <br />(1) Request, demand, order or statutory or <br />regulatory requirement that any insured or <br />others test for, monitor, clean up, remove, <br />contain, treat, detaxify or neutralize, or in any <br />way respond to, or assess the effects of, <br />"pollutants"; or <br />(2) Claim or suit by or on behalf of a governmental <br />authority for damages because of testing for, <br />monitoring, cleaning up, removing, containing, <br />treating, detoxifying or neutralizing, or in any <br />way responding to, or assessing the effects of, <br />"pollutants". <br />Page 6 of 18 HG 00 01 06 05 <br />