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Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission.Page 3 of 14 (b)Dishonest,Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure To Perform A Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d)Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". (e)Inadequacy Of Perfor- mance Of Invest- ment/Advice Given With Respect To Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f)Workers'Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers'compensation,un- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines Or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (j)Employment-Related Prac- tices Any liability arising out of any: 1)Refusal to employ; 2)Termination of employ- ment; 3)Coercion, demotion, evaluation, reassign- ment, discipline,defa- mation, harassment, humiliation, discrimina- tion or other employ- ment-related practices, acts or omissions; or 4)Consequential liability as a result of 1), 2) or 3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3)Supplementary Payments Section I -Supplementary Pay- ments -Coverages A and B also apply to this Coverage, however 1.b.and 2.of the Supplementary Payments provision do not apply. b.Who Is An Insured Docusign Envelope ID: B63767C6-D0E5-432E-8D24-65B6372E87EC