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B. DEFlNmONS
<br />Wherever used in t'iis Policy:
<br />1. Claim means a demand rece ived by you for money or Services arising F:-o m an act, error or omission in your
<br />p~rtorma·ce of legal services for otriers. A claim sh all lrdi.ce, but ,s no ll m1 ed to, me Se rvice of sul or the
<br />lr:s tuton of an arbitration proceeding against the Insured er a request to ro !I tlie statute cf llrnita t!ons , Claim
<br />does not incluce a demand for money or seNices In cnmi oal proceeding s of any type brought aga l~ an Insured ,
<br />or in any proceedings that seek injunctive, declaratory, equitable or non-pecuniary relief or remedies . Claim also
<br />means a derr.and received by you for money or services ari sing from a network Incident
<br />2. Claim expenses means :
<br />a. Reasonable and customary fees for recessaty legal work perfomied by attome'fi designated or approved
<br />by us;
<br />b. All other reasonable and necessary fees, costs and expenSc?S approved by us and resulting from the
<br />Investigation, adjust-nent, defense and appeal of a dalm; and,
<br />c. Premiums for any appea l bond, attachment bond or similar tond in an amount not to exceed the
<br />unexhausted Limits of Liability of this Policy, provided that we have no obligation to apply for or furnish
<br />any such bor.d.
<br />Claim expenses do not ir.dude CJisis event expenses, disciplinary proceeding expenses, privacy
<br />incident expenses, or sa laries or expenses of either your or our emplo-,ees or attorneys.
<br />3. Commonly accepted technologies means current and conventional met!iodotogies designed to secure
<br />confidential dient Information and the Insured's computer system that are appropriate to the size and
<br />complexity of the Named Insured induding, but not Umited to, utilization of i.) firewall protection; ii.) wireless
<br />encryption, such as Wi-Fi Protected Access (WPA); iii.) password proteoon; and, iv.) a destruction protocol
<br />designed to rarnove or destroy confidenti.il dient information on any retired computer system, facsimile
<br />or copier mactiine.
<br />4 , Computer system means any dev1ce that is u.sed to work with dlent data, ird'4ding, but not limited to, desktop
<br />comput~, laptop computers, tablet computers, smart;,hor.es and sof't-Nare, indudir.g the data they COl"ltain, and
<br />associated input ar.d output devices, terminal devices, data s+..ora~~ devices, network e<;ulpment, components,
<br />firmware and electronic bad<up fac ilit1es, Including systems access ible tnrough the Intem!t, intranets, extranets,
<br />or virtual private netNOO(S when si..:ch are used to work with dient data .
<br />5. Confidential client Information means confidential or proprietary infcrmatlon not available to tre general
<br />public received by an Insured In connection with an act, error or omission in the performance of legal services
<br />to others regarding:
<br />a. AA individual dient's non-public personal er fir.andal infonnation, or protected health lnformaton; or,
<br />b. AA entity or organizat::on dient's commercia l informat::on.
<br />6. Controlled enterprise means arry existing or prospectlve entit1, buslr.ess enterprise, or real estate interest,
<br />ott1er than tt.e Named Insured, In which any Insured and/or their lawful spouse, or an accumulation of
<br />Insureds ar,d/or their lawful spouses, at the time the wrongful act occurs or tt,e daim is made:
<br />a. Owns, owned or will own ten percent (10%) or mer e of the enterprise, entity, or real estate interest;
<br />b. Votes, voted or will vote ten percent (10%) or more or tne Issued and outstanding voting stodc or elects
<br />ten pel'C!!nt (10%) or more of tne directors In an incorporated entity;
<br />c. ls or was entitled to receive ten percent (10%) or more of tt:e profits of an unincorporated enterprise or
<br />entity;
<br />d. Holds, held or will hold ten percent (10%) or more of tne debt Instruments of tlie entity, enterprise, or real
<br />estate Interest; or,
<br />e. ls or was entitled to directly control, operate or manage the entity or business enterprise, or act as a
<br />general partner of a limited partnel"Ylip, managing general partnership, or comparable position in any other
<br />busJness enoty or enterpnse.
<br />A rt'-0001-00-0116 Page 2 of 16 © 2016 Attorney Protective. AU rights reserved.
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