# OTHER INSURANCE AMENDMENT
(PRIMARY AND NON-CONTRIBUTORY WHERE REQUIRED BY CONTRACT)

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 018 |

| Policy Symbol XEU | Policy Number G27983212 009 | Policy Period 05/21/2024 to 05/21/2025 | Effective Date of Endorsement 05/21/2024 |

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:
ENHANCED COMMERCIAL UMBRELLA LIABILITY POLICY

The policy is amended as follows:

1. **Section VI. CONDITIONS, "Other Insurance"** is amended to add the following:
   - If, prior to an "occurrence", you have specifically agreed in a written contract that this insurance must be primary and non-contributory with "other insurance" issued to a person or organization, then this insurance shall be primary with respect to such "occurrence" and shall not contribute with such "other insurance".
   - With respect to such an "occurrence", this insurance will only apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of your operations or premises owned by, managed by or rented to you.
   - However, the insurance provided will not exceed the lesser of:
     - The coverages and/or Limits of Insurance of this policy; or
     - The coverages and/or Limits of Insurance required by said agreement.
   - With respect to any contract or agreement you enter into which requires another party to furnish insurance to an "insured", this policy shall be excess of and not contribute with any such insurance available to the other party.

2. **Notwithstanding anything to the contrary:**
   - This insurance does not apply to liability arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf; and
   - This endorsement shall not apply to any coverage for which applicable "underlying insurance" does not also provide coverage to such person or organization on a primary and non-contributory basis.

All other terms and conditions of the policy remain unchanged.

Authorized Representative

XSE-52605a (06/20)
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