# AMENDATORY ENDORSEMENT – VARIOUS PROVISIONS

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 035 |

| Policy Symbol | XEU |
|---------------|-----|
| Policy Number | G27983212 008 |
| Policy Period | 05/21/2023 to 05/21/2024 |
| Effective Date of Endorsement | 05/21/2023 |

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 IV. LIMITS OF INSURANCE AND “RETAINED LIMIT”**, Paragraph B. is deleted in its entirety and replaced with the following:
   - B. The General Aggregate Limit shown in the Declarations is the most we will pay for all damages, except:
     1. Damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”;
     2. Damages because of “bodily injury” or “property damage” arising out of “auto liability”, unless subject to an aggregate limit under applicable “underlying insurance”; and
     3. “Catastrophe management costs”.

2. **Section V. EXCLUSIONS, Employers Liability**, is amended as follows:
   - The term spouse shall include a civil union partner or a domestic partner.

3. **Section VI. CONDITIONS** is amended to add the following condition:
   - In the event of cancellation of this policy, return premium shall be calculated pro rata based upon the time the policy was in force, even in the event that a state amendatory endorsement to this policy would permit us to apply a short rate penalty in the event of cancellation by you, unless this provision is not permissible under applicable law.

4. **Section VI. CONDITIONS, Change in Control**, is deleted in its entirety.

5. **Section VII. DEFINITIONS, “Auto liability”** is deleted in its entirety and replaced with the following:
   - “Auto liability” means liability for “bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others by or on behalf of the “insured” of an “auto”. Use includes operation and “loading or unloading”.

6. **Section VII. DEFINITIONS, “Good Samaritan acts”** is deleted in its entirety and replaced with the following:
   - “Good Samaritan acts” mean emergency cardiopulmonary resuscitation or first aid services for which no remuneration is demanded or received.

7. **Section VII. DEFINITIONS, “Insured”**, is amended to delete sub-paragraph 2. after ‘Notwithstanding anything above’ and replace it with the following:
   - Where this policy is excess of “underlying insurance”, if any person or organization that is an “insured” under this policy is not included as an “insured” under such applicable “underlying insurance”, this policy will apply as if the person or organization were included as an insured under such “underlying insurance” excess of a self-insured retention equal to the highest applicable limit of such “underlying insurance”. This provision shall

XSE-52219a (06/20)
Page 1 of 3