# ENDORSEMENT

This endorsement, effective 12:01AM: 05/21/2024
Forms a part of Policy No.: 47-XSF-100238-11
Issued to: International Business Machines Corp.
By: Berkshire Hathaway Specialty Insurance Company

## ACT OF TERRORISM SELF-INSURED RETENTION ENDORSEMENT

**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.**

This endorsement modifies insurance provided under the following:

- COMMERCIAL UMBRELLA LIABILITY POLICY
- EXCESS INTEGRATED FOLLOW FORM POLICY
- FOLLOW FORM EXCESS LIABILITY POLICY

The following apply with respect to any act of "terrorism":

I. This policy is subject to the following additional Self-Insured Retention:
   - Act of "Terrorism" Self-Insured Retention: $15,000,000

II. We will have no duty to defend any "suit" against the "insured" with respect to any act of "terrorism". We will, however, have the right, but not the duty, to participate in the defense of any "suit" and the investigation of any claim to which this policy may apply. If we exercise this right, we will do so at our own expense.

III. The Act of "Terrorism" Self-Insured Retention is only reduced by the payment of damages. Expenses incurred to defend any "suit" or to investigate any claim will not erode or exhaust the Act of "Terrorism" Self-Insured Retention.

IV. As used in this endorsement "terrorism" means:
   (1) any act that is certified by the United States Secretary of the Treasury, in consultation with the United States Secretary of Homeland Security, and United States Attorney General, to be an act of "terrorism" pursuant to the Terrorism Risk Insurance Act of 2002, including all amendments thereto; or
   (2) activities against persons, organizations or property of any nature, including any actions in hindering, defending against, responding to or retaliating against an actual or suspected activities:
      a. That involve the following or preparation for the following:
         I. Use or threat of force or violence; or
         II. Commission or threat of a dangerous act; or
         III. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and
      b. When one or both of the following applies:
         I. The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy;