# NUCLEAR LIABILITY EXCLUSION AMENDATORY ENDORSEMENT

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 028 |

| Policy Symbol | XEU |
|---------------|-----|
| Policy Number | G27983212 008 |
| Policy Period | 05/21/2023 to 05/21/2024 |
| Effective Date of Endorsement | 05/21/2023 |

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 V. EXCLUSIONS, • Nuclear is amended to delete Paragraph 2c. in its entirety and replace it with the following:

c. the injury or damage arises out of the furnishing by the “insured” of services, materials, parts or equipment in connection with the planning, construction, maintenance, operations or use of any nuclear facility, but if such facility is located within the US, its territories or possessions or Canada, this exclusion applies only to "property damage" to such nuclear facility and any property thereat.

Section V. EXCLUSIONS, • Nuclear is amended to add the following provision:

This insurance does not apply to any injury or damage resulting from:

1. the shut down or any loss of use of any nuclear fueled, energy generating facility,
2. the failure of any nuclear fueled, energy generating facility to supply energy,
3. the explosion of, or other damage to any nuclear fueled, energy generating facility, resulting from the use within any nuclear fueled energy generating facility of any product manufactured by you, or
4. the release of radioactive material.

All other terms and conditions of the policy remain unchanged.

Authorized Representative

MS-275567.11 (3/19)
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