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. —i (2) Related Events All related "privacy events" will be considered one event and will be considered first discovered when the first of such related events is discovered. Related "privacy events" include all "privacy events" that are the same, related or continuous, or that arise from a common nucleus of facts, circumstances, events or acts. 3. Exclusions This insurance does not apply to: a. Damages, loss or expense arising directly or indirectly from: (1) Any shortcoming in data security that the insured knew about prior to the inception of this policy for which you .failed to take corrective action within a reasonable time, not to exceed sixty (60) days; (2) The insured's failure to comply with all the data security standards issued by credit card issuers or financial institutions with whom you transact business, if you process, store or handle credit card information; (3) The insured's failure .to take reasonable steps to use, design, maintain and upgrade your data security; or (4) The inability to use or lack of performance of software: (a) Due to expiration, cancellation or withdrawal of such software; (b) That has not yet been released from its development stage; or (c) That has not passed all test runs or proven successful in applicable daily operations. b. Damages, loss or expense arising directly or indirectly from: (1) The illegal, unauthorized or wrongful collection of "personally identifiable information" including but not limited to collection of "personally identifiable information" using cookies or malware, if committed by or with the knowledge of the insured; or (2) The failure to provide required notice that such "personally identifiable information" is being collected. c. Damages, loss or expense arising directly or indirectly from the seizure, confiscation, expropriation, nationalization or destruction of a "computer system" by order of any governmental authority. d. Any "network security or data breach event" or "privacy event" that results from an act, error or omission that takes place prior to the inception date of this policy if the insured knew or reasonably should have foreseen that such act, error or omission would give rise to a claim or "privacy event mitigation expense". e. Damages, loss or expense based upon, attributable to, arising out of, in consequence of, or in any way related to litigation or any administrative or regulatory proceedings if such litigation or administrative or regulatory proceedings were initiated prior to or were pending on the inception date of this policy. f. "Bodily injury", "property damage" or "personal and adverstising injury". g. Violation or invasion of any right of privacy except as a result of a "privacy event". h. Breach of contract by an insured or liability assumed by an insured under .any contract or agreement. This exclusion does not apply to liability the insured would have in the absence of the contract or agreement. L Fines or penalties imposed by any federal, state or local governmental authority. j. Any fraudulent, dishonest, malicious, or criminal act by the insured. k. Any "claim" or "suit' brought by or on behalf of any insured against any other insured; provided, however, that this exclusion will not apply to any otherwise covered "claim" or "suit" brought by or on behalf of any insured against a Named Insured arising out of a "privacy event", provided that such insured is not involved in any manner with any such "privacy event". I. Costs or expenses incurred by the insured to comply with any demand or order by any federal, state or local governmental authority other than those provided under Coverage F — Privacy Event Mitigation Expense. m. Any cost to comply with any injunctive or other non-monetray or declaratory relief or any agreement to provide such relief. GL 4000 10 16 McNeil & Co., 2016 PaF64 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission.