Common use of ELECTRONIC DATA AND SOFTWARE Clause in Contracts

ELECTRONIC DATA AND SOFTWARE. This policy does not insure: (a) (i) total or partial destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation of electronic data, (ii) error in creating, amending, entering, deleting, or using electronic data, or (iii) total or partial inability or failure to receive, send, access or use electronic data for any time or at all, from any cause whatsoever, regardless of any other contributing cause or event whenever it may occur. However, in the event that a peril listed below (being a peril insured by this policy but for this exclusion) is caused by any of the matters described in (a) above, this policy, subject to all its provisions, will insure: (b) (i) physical loss of or damage or destruction to insured property directly caused by such listed peril, and/or (ii) consequential loss insured by this policy. Further, this exclusion does not apply in the event that a peril listed below (being a peril insured by this policy but for this exclusion) causes any of the matters described in (a) above: fire, explosion, lightning, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freezing, weight of snow, impact by aircraft or other aerial objects dropped therefrom, impact by any road vehicle or animal, bursting overflowing discharging or leaking of water tanks apparatus or pipes, or theft of electronic data solely where such theft is accompanied by theft of the computer hardware, firmware, medium, microchip, integrated circuit or similar device containing such electronic data. For the purposes of the basis of settlement provision in this policy, a computer system’s records includes electronic data as defined in this policy. Any terrorism exclusion in this policy or any endorsement thereto prevails over this endorsement.

ELECTRONIC DATA AND SOFTWARE. This policy does not insure: (a) (i) total or partial destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation of electronic data, (ii) error in creating, amending, entering, deleting, or using electronic data, or (iii) total or partial inability or failure to receive, send, access or use electronic data for any time or at all, from any cause whatsoever, regardless of any other contributing cause or event whenever it may occur. However, in the event that a peril listed below (being a peril insured by this policy but for this exclusion) is caused by any of the matters described in (a) above, this policy, subject to all its provisions, will insure: (b) (i) physical loss of or damage or destruction to insured property directly caused by such listed peril, and/or (ii) consequential loss insured by this policy. Further, this exclusion does not apply in the event that a peril listed below (being a peril insured by this policy but for this exclusion) causes any of the matters described in (a) above: fire, explosion, lightning, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freezing, weight of snow, impact by aircraft or other aerial objects dropped therefrom, impact by any road vehicle or animal, bursting overflowing discharging or leaking of water tanks apparatus or pipes, or theft of electronic data solely where such theft is accompanied by theft of the computer hardware, firmware, medium, microchip, integrated circuit or similar device containing such electronic data. For the purposes of the basis Basis of settlement Settlement provision in this policy, a computer system’s records includes electronic data as defined in this policy. Any terrorism Terrorism exclusion in this policy or any endorsement thereto prevails over this endorsement. This exclusion does not apply to: 1. any sudden and accidental loss to other parts of the insured property, that occurs as a result of the loss to electronic data and software, or 2. cover provided by Automatic Policy Extension F: Electronic Data and Software.