# THE HOME INSURANCE COMPANIES

## Amendatory Endorsement—New York
Excess Liability

H35591F
Ed 9-83

The following information is required only when this endorsement is issued subsequent to preparation of policy.

| Named Insured | Effective Date | Endorsement Number | Policy Number |
|---------------|---------------|--------------------|---------------|
| International Business Machines Corp. Etal. | 5-21-85 | 2 | HXL 1 64 01 95 |

It is agreed that the conditions section is amended to read, in part, as follows:

A. Condition 3 (Notification of Accidents or Occurrences) is deleted and the following substituted:
3. Notice of Occurrence<br>Whenever the Insured has information from which the Insured may reasonably conclude that an occurrence covered hereunder involves injuries or damage which, in the event that the Insured be held liable, is likely to involve this Policy, notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon as practicable, provided, however, that failure to give notice of any occurrence which at the time of its happening did not appear to involve this Policy but which, at a later date, would appear to give rise to claims hereunder shall not prejudice such claims.

B. Condition 6 (Bankruptcy and Insolvency) is hereby added to the policy.
6. Bankruptcy and Insolvency<br>In the event of the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency.

It is further understood and agreed that the following provisions are hereby added to the policy:

1. It is agreed that where there is a judgement against the Insured or his personal representative in an action brought to recover damages for injury sustained or loss or damage occasioned during the life of the policy, which remains unsatisfied at the expiration of thirty days from the serving of notice of entry of judgment upon the attorney for the Insured, or upon the Insured, and upon the Company, then an action may, except during a stay or limited stay of execution against the Insured on such judgement, be maintained against the Insured under the terms of the policy for the amount of such judgment not exceeding the amount of the applicable limit of coverage under the policy.
2. It is agreed that the Company shall secure the consent of the Insured in settlement or satisfaction of any claim or suit.
3. It is hereby understood and agreed that, notwithstanding anything in this policy to the contrary, with respect to such insurance as is afforded by this policy, the terms of this policy as respects coverage for operations in the State of New York shall conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Insurance Department; provided, however, that the Company's limit of liability as stated in this policy shall be excess of the limits of liability of any underlying insurance or self-insurance as stated in the Declarations or in any endorsement attached hereto.

**Authorized Representative**

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