# Allied World Assurance Company

**Endorsement No:** 5  
**This endorsement, effective:** May 21, 2008 (at 12:01 A.M. prevailing time at the address of the Named Insured as shown in Item 1(b) of the Declarations)  
**forms a part of Policy No:** C007539/002  
**Issued to:** International Business Machines Corporation  
**by:** Allied World Assurance Company, Ltd.

## NOTICE OF CLAIM REPORTING ENDORSEMENT

In consideration of the premium charged, it is agreed that the following is added to this Policy, notwithstanding anything to the contrary in the Followed Policy:

### NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT REPORTING PROVISIONS

A. The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice as soon as practicable to the Insurer at the address indicated in Item 10 of the Declarations of any Occurrence, offense, claim or suit likely to involve this Policy. Notice to an Underlying Insurer shall not constitute notice to the Insurer.

B. Without limiting the requirements of Paragraph A. above, the Named Insured shall separately and as soon as practicable give written notice to the Insurer when a payment is made or reserve established for any Occurrence which has brought the total of all payments and reserves by the Insured and/or Underlying Insurers to a level of twenty-five percent (25%) or more of the Underlying Aggregate Limit.

C. The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice to the Insurer of the following events as soon as practicable but in no event later than thirty (30) days after an Insured has become aware of the event:

(i) Any Underlying Policy being cancelled or non-renewed or otherwise ceasing to be in effect or being uncollectible (in part or in whole); or

(ii) Any Underlying Insurer being subject to a receivership, liquidation, dissolution, rehabilitation or any similar proceeding or being taken over by any regulatory authority; or

(iii) The Named Insured consolidating with or merging with or into, or transferring all or substantially all of its assets to, or acquiring or being acquired by any natural person or entity or group of natural persons and/or entities acting in concert.

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**Ref:** ACFF-404  
(AWAC Ed. 11/01)

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