# NEW YORK CHANGES

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 12 |
| Policy Symbol | XOO |
| Policy Number | G24907338 |
| Policy Period | 05/21/2010 to 05/21/2011 |
| Effective Date of Endorsement | 05/21/2010 |
| Issued By (Name of Insurance Company) | ACE Property and Casualty Insurance Company |

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

This endorsement modifies all insurance provided under the following:

- COMMERCIAL UMBRELLA LIABILITY POLICY
- CONTRACTUAL INDEMNITY COVERAGE PART OCCURRENCE CORRIDOR
- CONTRACTUAL INDEMNITY COVERAGE PART SLIDING ATTACHMENT
- CONTRACTUAL INDEMNITY COVERAGE PART DEDUCTIBLE REIMBURSEMENT
- EXCESS BUSINESS AUTOMOBILE POLICY
- EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
- EXCESS CATASTROPHE LIABILITY POLICY
- EXCESS LIABILITY POLICY
- EXCESS TRUCKERS LIABILITY POLICY

The **Legal Action Against Us Condition** is replaced by the following:

**Legal Action Against Us**
a. Except as provided in Paragraph b., no person or organization has a right under this Coverage Part:
   (1) To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or
   (2) To sue us on this Coverage Part unless all of its terms have been fully complied with.
   A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.
b. With respect to "bodily injury" claims, if we deny coverage or do not admit liability because an insured or the injured person, someone acting for the injured person or other claimant fails to give us written notice as soon as practicable, then the injured person, someone acting for the injured person or other claimant may bring an action against us, provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice.
   However, the injured person, someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability, we or an insured:
   (1) Brings an action to declare the rights of the parties under the policy; and
   (2) Names the injured person, someone acting for the injured person or other claimant as a party to the action.

ALL-25213 (10/08)
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Page 1 of 2

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.