# POLLUTION LIABILITY FOLLOW FORM ENDORSEMENT

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Policy Symbol | XCP                                       |
| Policy Number | G2464845A                                 |
| Policy Period | 05/21/2008 - 05/21/2009                    |
| Issued By (Name of Insurance Company) | ACE American Insurance Company              |
| Endorsement Number | 4                                         |
| Effective Date of Endorsement | 05/21/2008                                |

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

This endorsement modifies insurance provided under the following:
- EXCESS LIABILITY CATASTROPHE POLICY

Item B of Section II (EXCLUSIONS) is hereby deleted and replaced by the following.

Except insofar as coverage is available to the Insured in the UNDERLYING INSURANCE and for the full limits of liability shown therein:

This insurance does not apply to any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to pollution, however caused.

Pollution includes the actual, alleged or potential presence in or introduction into the environment of any substance, if such substance has or is alleged to have the effect of making the environment impure, harmful, or dangerous. Environment includes any air, land, structure or the air therein, watercourse or water, including underground water.

All other terms and conditions of this policy remain unchanged.

**Authorized Agent**

**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 PREMIUM STANDARDS OF THE NEW YORK AND REGULATIONS.