# CHUBB

## POLLUTION EXCLUSION AMENDATORY – ENHANCED EXCEPTIONS

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 016 |

| Policy Symbol | XEU |
|---------------|-----|
| Policy Number | G27983212 007 |
| Policy Period | 05/21/2022 to 05/21/2023 |
| Effective Date of Endorsement | 05/21/2022 |

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, Pollution is deleted in its entirety and replaced with the following:

- **Pollution**
  1. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" anywhere at any time; However, this Paragraph 1. of the exclusion shall not apply to the exceptions set forth in subparagraphs a. through j. below:

a. **Various Named Perils**
   - "Bodily injury" or "property damage" caused by pollution if the discharge, dispersal, seepage, migration, release or escape of "pollutants" caused by:
     1. Fire, lightning; explosion; windstorm; flood; or earthquake;
     2. Vandalism; malicious mischief; riot or civil commotion;
     3. Sprinkler leakage; or
     4. Collision, upset or overturn of an aircraft, "auto", "mobile equipment" or railcar;

b. **Fungicide, herbicide or pesticides**
   - "Bodily injury" or "property damage" caused by pollution if the discharge, dispersal, seepage, migration, release or escape of "pollutants" commenced abruptly and can be clearly identified as having commenced during the "policy period" and is caused by the application of fungicide, herbicide or pesticide at any premises, site or location that are owned by, occupied by, rented to, or loaned to, any "insured";

c. **Equipment to Heat, Cool, Humidify, Dehumidify or Ventilate a Building**
   - "Bodily injury", if sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to heat, cool, humidify, dehumidify or ventilate that building, or equipment used to heat water for personal use by the building's occupants or their guests.

d. **Contractor/Lessee Operations**
   - "Bodily injury" or "property damage" for which you may be held liable if:
     1. You are a contractor;
     2. The owner or lessee of such premises, site or location has been added to this policy as an additional "insured" with respect to your ongoing operations performed for that additional "insured" at such premises, site or location; and
     3. Such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any "insured", other than that additional "insured".

XSE-52221 (05/19)
Page 1 of 3