# WAIVER OF GOVERNMENTAL IMMUNITY

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 033 |

| Policy Symbol | XEU |
|---------------|-----|
| Policy Number | Specimen Policy |
| Policy Period | 05/21/2024 to 05/21/2025 |
| Effective Date of Endorsement | 05/21/2024 |

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:

**ENHANCED COMMERCIAL UMBRELLA LIABILITY POLICY**

The policy is amended as follows:
Section VI. CONDITIONS is amended to add the following condition:

- **Waiver of Governmental Immunity**
  The Named Insured ("Contractor"), its subcontractors and its insurers shall not, without obtaining express advance written permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of any court, tribunal, agency, special district, commission or other authority exercising judicial or regulatory functions over the person of the Port Authority, the immunity of the Port Authority, its commissioners, directors, officers, agents or employees, their affiliates, successors and/or assigns, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority. The Port Authority is an intended third-party beneficiary of the agreement between the Contractor, and each of its respective subcontractors and insurers, with the direct right to enforce the agreement with respect to this provision.

All other terms and conditions of this policy remain unchanged.

Authorized Representative

MS-308337.2 (09/20)
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