Page 147 - Agriculture Policy Wording Binder

Cyber Insurance (Claims-made Basis)
9. Insolvency
the Insured’s insolvency, bankruptcy or any business rescue practices.
10. Insured versus Insured
or brought or maintained by or on behalf of any Insured, except for Wrongful Acts resulting in an actual or potential Privacy Breach covered under Defined Event 1; or a Claim brought by an Insured resulting directly from a Claim otherwise covered under this Policy.
11. Legal action
action for damages brought in a court of law outside South Africa, or where action is brought in a court of law within South Africa to enforce a foreign judgment by way of Reciprocal Agreement or otherwise.
12. Pollution
12.1 the presence of actual, alleged or threatened discharge, dispersal, release, or escape of pollutants or contamination of any kind;
12.2 direction or request to in any way respond to or assess the effects of pollutants or contamination of any kind; or
12.3 the existence, emission or discharge of any electromagnetic field/radiation or electromagnetism that affects any person, the environment or property.
For this Exclusion contamination shall not include Malicious Code.
13. Prior circumstances and litigation
any circumstance which occurred or allegedly occurred prior to the Retroactive Date or the inception of this Section, whichever occurs first, or any circumstance where any written notice was given or accepted under any policy to which this Section is attached, as a renewal or a replacement.
14. Rectifying weaknesses
the failure to rectify or improve weaknesses or defects in the Insured’s Computer System or processes, where these have come to the attention of the Insured’s principal, partner or director (or any equivalent positions), with sufficient time to rectify to avoid, reduce or mitigate the impact of a resulting Claim.
15. Securities, fiduciary, intellectual property
15.1 shares and other securities, including violation of any securities law;
15.2 racketeering, money laundering, anti-trust violations or restraint of trade or unfair competition;
15.3 violation of the responsibilities, obligations or duties related to employee benefit, pension, healthcare, welfare, profit sharing, mutual or investment plans, funds or trusts; or
15.4 the validity, invalidity, infringement of, violation or misappropriation of or assertion of any right to or interest in any intellectual property rights, licensing statutes or regulations.
16. Service interruptions, professional services, product liability
16.1 16.1.1 service interruption or failure of satellites;
16.1.2 electrical or mechanical failures or interruptions;
16.1.3 outages of or interruption to supply of fuels, telecommunications or other infrastructure or services, unless under the Insured’s operational control or the Claim arises from a Network Security Breach;
16.1.4 failure, gradual deterioration or theft of overhead transmission, distribution lines or subterranean insulation or cabling;
16.2 the Insured failing or ceasing to provide a product or service; or
16.3 expiration, cancellation, alteration, withdrawal or recall of products or services and/or loss of use thereof.
17. Software
the use of pirated software, software not yet released from its development stage or that has not passed all test runs and proven successful in daily operations.
Policy Wording – Agriculture – Binder – Version 2 2023 Page | 145