but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured;

J. to ultimate net loss claimed for the withdrawal, inspection, repair, replacement or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products, work or property form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein;

K. to advertising injury arising out of:

(1) failure of performance of any contract or agreement, other than the unauthorized appropriation of ideas based upon an alleged breach of an implied contract;

(2) infringement of trademark, service mark or trade name, other than titles or slogans, by use thereof on or in connection with goods, products or services sold, offered for sale or advertised;

(3) incorrect description or mistake in the advertised price of goods, products or services sold, offered for sale or advertised; or

(4) the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the insured;

L. to personal injury arising out of discrimination or humiliation directly or indirectly related to the employment or prospective employment of any person or persons by any insured;

M. to personal injury arising out of any publication or utterance of a libel, slander, or other defamatory or disparaging material, or in violation of an individual's right of privacy, if the first injurious publication of the same or similar material by or on behalf of the insured was made prior to the effective date of this insurance;

N. to personal injury arising out of (1) any publication or utterance of a libel, slander, or other defamatory or disparaging material, or in violation of an individual's right of privacy, concerning any person, organization, or business enterprise, or his or her or its products or services, made by or at the direction of any insured with knowledge of the falsity thereof, or (2) the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the insured:

O. with respect to coverage afforded any employee of the named insured, to bodily injury or personal injury to:

(1) another employee of the named insured arising out of and in the course of his or her employment, or

(2) the named insured or, if the named insured is a partnership or joint venture, any partner or member thereof,

unless there is valid and collectible underlying insurance covering such bodily injury or personal injury;

P. with respect to coverage afforded any employee of the named insured, to property damage to property owned, occupied or used by, rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by:

(1) another employee of the named insured, or

(2) the named insured or, if the named insured is a partnership or joint venture, any partner or member thereof,

unless there is valid and collectible underlying insurance covering such property damage;

Q. to any claim for uninsured or Underinsured Motorists Coverage, unless this policy is endorsed to provide such coverage; or

R. to any claim for Personal Injury Protection Property Protection or similar no-fault coverage by whatever name called, unless this policy is endorsed to provide such coverage.

II. INVESTIGATION, DEFENSE, SETTLEMENT

With respect to bodily injury, personal injury, property damage or advertising injury covered under this policy (whether or not the self-insured retention applies) and (1) for which no coverage is provided under any underlying insurance: or

(2) for which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the period of this policy.

The company:

(a) defend any suit against the insured seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the company may make such investigation and settlement of any claim or suit as it deems expedient;

(b) pay all expenses incurred by the company, costs taxed against the