3. to any liability arising out of the furnishing, by an insured, of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion applies only to injury to or destruction of property at such "nuclear facility."

B. As used in this endorsement:

1. "hazardous properties" includes radioactive, toxic or explosive properties;

2. "nuclear material" means "source material," "special nuclear material" or "by-product material";

3. "source material," "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof;

4. "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor";

5. "waste" means any waste material:
   a. containing by-product material; and
   b. resulting from the operation by any person or organization of any "nuclear facility" included within the definition of "nuclear facility" under paragraph 6. below;

6. "nuclear facility" means:
   a. any "nuclear reactor;"
   b. any equipment or device designed or used for:
      i. separating the isotopes of uranium or plutonium;
      ii. processing or utilizing "spent fuel"; or
      iii. handling, processing or packaging "waste";
   c. any equipment or device used for the processing, fabricating or alloying of "nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or
   d. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste" and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; and

7. "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material;

**NOTICE:** THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.

Class 2-13000 Risk
NAV-AXS-101 (06/18)
Contains copyrighted material of the Insurance Services Office, Inc. with its permission.
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