# AMENDMENT OF OTHER INSURANCE

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 38 |
| Policy Symbol | HDO |
| Policy Number | G48898919 |
| Policy Period | 05/21/2024 TO 05/21/2025 |
| Effective Date of Endorsement |  |
| Issued By (Name of Insurance Company) | ACE American Insurance Company |

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

**THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:**

**COMMERCIAL GENERAL LIABILITY COVERAGE FORM**

Section IV - Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance is deleted and replaced with the following:

b. Excess Insurance

(1) This insurance is excess over any of the other insurance whether primary, excess, contingent or on any other basis:
(a) Unless such insurance is specifically purchased to apply as excess of this policy, or
(b) You are obligated by written contract to provide primary insurance.

(2) When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.

(3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance.

(4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.