Page 146 - Agriculture Policy Wording Binder

3. the Company is only liable to pay that part of each Loss or Expenses that exceeds the applicable Deductible. The Deductible is applicable to each and every Claim;
4. should more than one of the Defined Events be applicable to a Claim, the highest of the applicable Deductibles stated in the Schedule shall be the sole Deductible applied. Any applicable time Deductible would apply in addition notwithstanding the aforementioned;
5. Neither General Provision 1 nor any other Extensions of cover contained in the Policy shall apply to the cover provided under this Section unless otherwise stated in the Schedule.
MEMORANDUM
This Section forms part of the Policy and to the extent of any inconsistency between the General Exceptions, Conditions and Provisions of the Policy and this Section, the General Exceptions, Conditions and Provisions of this Section will prevail.
SPECIFIC EXCEPTIONS
The Company shall not be liable for any payment in connection with any Claim based upon, arising out of, or resulting from:
1. Acts of God
any physical or natural event outside of the Insured’s control.
2. Betterment
any costs or expenses incurred by the Insured to:
2.1 identify or remediate any software errors or vulnerabilities;
2.2 update, replace, upgrade, recreate or enhance any part of the Insured’s Computer System to a level beyond that which existed prior to the Wrongful Act; or
2.3 research or develop any Data, including but not limited to trade secrets or other proprietary information; or establish, implement, maintain, improve or remediate security or privacy practices, procedures or policies.
3. Bodily injury and property damage
any bodily, mental or emotional injury, anguish or distress, sickness, disease or death, or physical damage to, impairment, corruption or destruction of any tangible property including loss of use thereof. Data is not considered tangible property. For Defined Event 6, this Exclusion does not apply to mental anguish or emotional distress resulting from the Insured’s Digital Multimedia Activities.
4. Contractual breach
liability assumed by the Insured under any contract or agreement unless such liability would have existed in the absence of such contract or agreement.
5. Employment practices
the Insured’s employment practices.
6. Extortion threat
any Cyber Extortion Threat by any government entity or public authority. The Insured shall use its best efforts not to disclose the existence of Cyber Extortion Loss insurance. If through no fault of the Company, knowledge of such enters the public domain or is revealed to a party posing a Cyber Extortion Threat, the Company may cancel the Cyber Extortion Loss insurance with immediate effect from the date such knowledge was revealed.
7. Fees
for any fees, commissions, expenses or costs paid to or charged by the Insured.
8. Hardware, computer systems
the wear and tear, drop in performance, progressive or gradual deterioration, or ageing of electronic equipment and/or hardware or the Insured’s failure to maintain any Computer System, software or other equipment.
Cyber Insurance (Claims-made Basis)
Page | 144 Policy Wording – Agriculture – Binder – Version 2 2023