Exclusions Applicable to All Insuring Clauses Clause Samples
Exclusions Applicable to All Insuring Clauses. The Company shall not be liable for Loss in respect of any Claim:
(i) based upon, arising from, or in consequence of any fact or circumstance if notice of such fact or circumstance has been accepted under any policy of which this policy is a renewal or replacement or which it may succeed in time;
(ii) based upon, arising from, or in consequence of any demand, suit or proceeding pending against, or order, decree or judgment entered for or against any Insured or Outside Entity on or prior to the Pending or Prior Date set forth in:
(a) Item 5 of the Schedule; or
(b) a Scheduled Outside Entity Endorsement; or the same or substantially the same facts or circumstances underlying or alleged therein, provided however, that (b) shall apply only to any Claim based upon, arising from or in consequence of any Outside Directorship in an Outside Entity;
Exclusions Applicable to All Insuring Clauses brought or maintained by or on behalf of a natural person who is a director, chairman, chief executive officer, chief operating officer, or holder of any equivalent position in any jurisdiction, of Organization; The Company shall not be liable on account of any Claim, Loss or Expense:
Exclusions Applicable to All Insuring Clauses. The Company shall not be liable for Loss on account of any Claim made against any Insured:
a. based upon, arising from, or in consequence of any circumstance if written notice of such circumstance has been given, under any policy of which this Policy is a renewal or replacement, and if such prior policy affords coverage (or would afford such coverage except for the exhaustion of its limits of liability) for such Loss, in whole or in part, as a result of such notice;
b. based upon, arising from, or in consequence of any demand, suit or other proceeding pending against, or order, decree or judgment entered for or against any Insured on or prior to the Pending or Prior Date set forth in Item 6 of the Schedule, or the same or substantially the same fact, circumstance or situation underlying or alleged therein;
c. brought or maintained by or on behalf of any Insured in any capacity except:
i. a Claim that is a derivative action brought or maintained on behalf of an Organisation by one or more persons who are not Insured Persons and who bring and maintain the Claim without the solicitation, assistance or participation of any Insured Person; or
ii. a Claim brought or maintained by a director, officer, general partner or managing member of an Organisation for the actual or alleged wrongful employment termination of a director, officer, general partner or managing member of such Organisation; or
iii. a Claim brought or maintained by an Insured Person for contribution or indemnity, if the Claim directly results from another Claim covered under this Policy; or
iv. a Claim brought or maintained by all natural persons who were, now are, or shall be duly appointed to an Advisory Board, while acting in their capacity as a member or limited partner of a Private Fund; or
v. a Claim that is caused to be brought in the name of the Organisation pursuant to Section 397 or Section 398 of the Indian Companies Act, 1956, all as amended. However, this exclusion shall not apply to that part of Loss which constitutes Defence Costs solely and entirely in a jurisdiction other than the United States of America, its territories and possessions, and subject to the substantive and procedural laws of a jurisdiction other than the United States of America, its territories and possessions.
d. for an actual or alleged violation of the responsibilities, obligations or duties imposed by the U.S. Employee Retirement Income Security Act of 1974, the Indian Employees Provident Fund and Miscellaneo...