# Berkshire Hathaway Specialty Insurance

## ENDORSEMENT

This endorsement, effective 12:01AM: 05/21/2017  
Forms a part of Policy No.: 43-XSF-100238-04  
Issued to: International Business Machines Corp.  
By: National Liability & Fire Insurance Company

## CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

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

This endorsement modifies insurance provided under the following:

- COMMERCIAL GENERAL LIABILITY POLICY
- HEALTHCARE PRIMARY LIABILITY POLICY
- COMMERCIAL UMBRELLA LIABILITY POLICY
- HEALTHCARE UMBRELLA LIABILITY POLICY
- COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
- FOLLOW FORM EXCESS LIABILITY POLICY
- PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY

If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a Calendar Year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.

"Certified act of terrorism" means any act that is certified by the United States Secretary of the Treasury, in consultation with the United States Secretary of Homeland Security, and the United States Attorney General, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following:

1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

All other terms and conditions of this policy remain unchanged.

Page 1 | CL-UN-075-01/2015  
Includes copyrighted material of Insurance Services Office, Inc., with its permission.