# Access, Collection and Disclosure of Information and Electronic Data Exclusion - Limited Bodily Injury and Redefined Property Damage Exceptions with Aggregate Retained Limit

| Named Insured | International Business Machines Corporation |
| --- | --- |
| Endorsement Number | 20 |
| Policy Symbol | X00 |
| Policy Number | 05/21/2016 to 05/21/2017 |
| Policy Period | 05/21/2016 to 05/21/2017 |
| Effective Date of Endorsement | 05/21/2016 |
| Issued By (Name of Insurance Company) | ACE Property and Casualty Insurance Company |

Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

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

This endorsement modifies insurance provided under the following:

**COMMERCIAL UMBRELLA LIABILITY POLICY**

This policy is amended as follows:

The policy is amended as follows:

I. The following exclusion is added to the policy:

This insurance does not apply to any injury, damage, cost, "loss", liability or legal obligation arising out of or in any way related to:

a. Any access to, collection of, release of or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health or medical information or any other type of nonpublic information; or

b. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data".

However, this exclusion does not apply to damages because of "bodily injury" or "property damage".

II. The following definition is added to the policy and applies to this endorsement:

"Electronic data" means any information, facts or programs stored as on or on, created or used on, or transmitted to or from any computer software or system, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media that are used with electronically controlled equipment or other electronic backup facilities, and data transmission or storage provided by means of the Internet.

III. When coverage is provided by virtue of the exception to the exclusion in this endorsement, the following provisions will apply:

A. The definition of "property damage" is deleted and replaced by the following:

"Property damage" means physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. "Electronic data" is not tangible property.

B. The definition of "retained limit" is deleted and replaced by the following:

MS-49267(05/16) © 2016 Page 2 of 2