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1, A.1y dalm or request ror supplernentar1 P ~ ~ms baSc<! LJ PO(), arising out of, directl y or indirectly resulting from
<br />or in ccnseq uence of, or , a •V wa y invo l'ltng a,,., of the fo ll ow ng:
<br />a. A.:-..y mal icious or intentional act or abuse of process;
<br />b. A.1y cishonest or fral..dulent act;
<br />c. A.1y willfu l or crim inal vioJation of any law, statute or regulation; or,
<br />d . A.1y libel or slander committed with knowledge of Its fals lty .
<br />However, we will defend and pay daim expenses or disciplinary proceeding expenses for such allegations
<br />only if tne daim or disciplinary proceeding Is otherwise covered by t"iis Policy, and until there Is a final
<br />adJudicat:on, judgment, order or ruling by a court or administ"ative body, or binding arbitration decision or
<br />convlctlon against an Insured, or a written document, legal admission or statement by an Insured establishing
<br />such car.duct set forth In this exduslon, or a plea of nolo contendere or ro contest regarding Sl..'Ch conduct set
<br />fort.'1 in this exdusion. Once such conduct set forth In this exclusion is es"..ablished as deso1bed above, we have
<br />the right to withdra ·11 from the ce':!nSc? of t"ie dalm er disciplinary proceedlng, the Insured shall reimb urse
<br />us for all cJaim expenses or disciplinary proceeding we IOO!rred C<!f enc ing the coodL.C set fo rth in this
<br />exduslon, and we wrn have no further liability for dilim expenses or disciplinary proceeding or damages .
<br />You agree to accept tt:e tender of the defense when we withdraw.
<br />Whenever coverage l,Jn:ler this provision w01.Jld be excluded, suspenc!ed or lost because of such conduct set forth
<br />In this exdusion by any Insured, we agree that such CO\lerage, as would otnerwiS.? be affortled under this Policy,
<br />s."lall t:e ap plicable with ~pect to an Insured w o did not pe rso nally participate, er personally acquiesce In or
<br />rema rn passive after ha 'Jjr.g i:er.;coal k1:iowl~e of such co nduct
<br />2. Any dalm or request for Supplementary Payments baSed upon, arising out of, directly or indirectly resulting from
<br />or In consequence of, or In any way invol'ling any of the following:
<br />a. Arr,; lnsured's ~rvic..""S or capacity as an officer, director, partner, t:1.Jstee, manager, owner, or employee
<br />of a COfPOration, partnership, association, trust or fur:d, irduding a pension, welfare, profit sharir,g, mutual
<br />er Investment fund or triJst, or any other business ent~rprise er charitable orgar.ization of any kind ott)er
<br />than the Named Insured, except for your services as a court appcinted trustee or as an officer, director
<br />or member of any non-profit professional legal association, Its governing board, or any of its committees;
<br />b. Any lnsured's seNlces or capadt'/ as a public official or employee of a go~mmental body, subdivision or
<br />agency, except however for a dalm or disciplinary proceeding brought by a govemnenbl agency,
<br />body or subdivision as a dlent of the Named Insured that Is baSed upon or a~ solely from the
<br />performance of legal services by an Insured to the governmental agency, body or subdivfsioo, but only
<br />if such seNiC!S are performed as a member of or on behalf of the Named Insured;
<br />c. Airy lnsured's actual or alleged liability under any oral er written contract or agreement, unless such
<br />liability would have attached to the Insured by raw in the absence of such contract or agreement;
<br />d. Leg.al services provided by an Individual or entity with wtiom the Insured shares office space, staff,
<br />letterhead, fadlites or equipment, who is not an Insured under this Policy;
<br />e. Any Insured'• actual or alleged violation of the responsibilities, obli!,ations or duties Imposed by the
<br />Empl~ Retirement Income Security kt. of 1974, or the Pension Protection kt of 2006, Ir.duding any
<br />amendments, or any rules, regulations or orders Issued pursuant to the above-listed acts, or any slmilar
<br />provtsions of any state, federal, or local staMory law or common law anywhere in the wond;
<br />r. Arly loss sustained by an Insured, or claim or disciplinary proceeding made by or against an Insured,
<br />as beneficiary or dlstributee of any l:n.Jst or estate;
<br />g. AiTy bodily injury, pain and suft'ering, sickness, disease or death rl any ~, or for the destruction,
<br />diminution In value or loss of any property or asset, accounts, or of software, data or other information In
<br />electronic form, except that the exdusion shall not apply to mental anguish or emotional distress based
<br />upon or arising from personal Injury;
<br />h. A.1v lnsured's conversion, misappropriation, embezzlement, commingling, defalcation or ethically
<br />Improper use of or disposal of funds; or other property, whether held on behalf of dients or third parties;
<br />A'TY-0001-00-0116 Page 9 of 16 ~ 2016 Attorney Protective. All 1'19hts rese.-.ed .
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