# NUCLEAR LIABILITY EXCLUSION ENDORSEMENT

| Named Insured | International Business Machines Corporation |
|---------------|--------------------------------------------|
| Policy Symbol  | XOO                                        |
| Policy Number | G24895944                                  |
| Policy Period | 05/21/2009 - 05/21/2010                    |
| Endorsement Number | 26                                          |
| Effective Date of Endorsement | 05/21/2009                                 |
| Issued By (Name of Insurance Company) | ACE Property and Casualty Insurance Company |

**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY**

This endorsement modifies insurance provided under the following:

**COMMERCIAL UMBRELLA LIABILITY POLICY**

The policy is amended as follows:

**Paragraph P. 2C of Section V Exclusions** is deleted and replaced by the following:

"the injury or damage arises out of the furnishing by the "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operations or use of any nuclear facility, but if such facility is located within the US, its territories or possessions or Canada, this exclusion c. applies only to Property Damage to such nuclear facility and any property thereof."

**Section V Exclusions Paragraph P. 3** is added as follows:

This insurance does not apply to any injury or damage resulting from:

1. the shut down or any loss of use or any nuclear fueled, energy generating facility,
2. the failure of any nuclear fueled, energy generating facility to supply energy or
3. the explosion of, or other damage to any nuclear fueled, energy generating facility, resulting from the use within any nuclear fueled energy generating facility of any product manufactured by you.

All other terms and conditions of this policy remain unchanged.

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**Authorized Agent**

**CLASS CODE 2-13000**

**NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.**

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