# EXCLUSION – HEAD TRAUMA INJURY

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Policy Symbol  | XEU                                       |
| Policy Number | Specimen Policy                           |
| Policy Period | 05/21/2024 to 05/21/2025                  |
| Endorsement Number | 022                                       |
| Effective Date of Endorsement | 05/21/2024                               |
| 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:

1. Section V. EXCLUSIONS is amended to add the following exclusion:
   - **Head Trauma**
     This insurance does not apply to "bodily injury" or "personal and advertising injury" sustained by any "participant" in any IBM Big Blue American Football Team "sporting event" that arises from or is caused by a "head trauma".
     This exclusion applies even if the claims and/or allegations against any "insured" arise from, are directly or indirectly caused by, or in any way relate to the actual or alleged negligence or other wrongdoing in connection with:
       1. Making decisions regarding a "participant" playing, returning to play, participating, competing, coaching or officiating in, or trying out or training for any one or more IBM Big Blue American Football Team "sporting events";
       2. Supervising, hiring, employing, training or monitoring others;
       3. Providing for or ensuring the safety or health of any "participant";
       4. Providing a safe environment for any "participant";
       5. Educating or warning anyone about the risks of participating in, practicing, training or trying out for any one or more IBM Big Blue American Football Team "sporting events";
       6. Providing medical care, diagnosis, treatment or advice;
       7. Establishing, promulgating, communicating, distributing, implementing or enforcing rules, regulations, protocols, policies, guidelines or procedures related to a "participant's" health or safety; or
       8. Failing to do any of 1. through 7. above.

2. Section VII. DEFINITIONS is amended to add the following definitions:
   - **"Head trauma"** means any direct or indirect impact, force, hits, or blows of any kind to, or transmitted to, the head, brain, neck or face.
   - **"Participant"** means any player, coach, referee, cheerleader, or any other person playing or competing in, trying out for, training or practicing for, or otherwise involved in any type of IBM Big Blue American Football Team "sporting event". "Participant" does not include any individual traveling to or from an IBM

MS-1027632.1 (04/20)
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