# VERMONT CHANGES - POLLUTION

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 107 |

| Policy Symbol | HDO |
|---------------|-----|
| Policy Number | G71237606 |
| Policy Period | 05/21/2019 to 05/21/2020 |
| Effective Date of Endorsement | - |

Issued By (Name of Insurance Company) | ACE American 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 all insurance provided under the following:

**COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION)**

**SCHEDULE**

- **Pollution Liability Aggregate Limit:** $15,000,000
- **Pollution Liability Deductible:** $15,000,000 plus all Supplementary Payments
- **Amount:** 

**A. The following is added to Section I – Coverages:**

**COVERAGE D POLLUTION BODILY INJURY AND PROPERTY DAMAGE**

1. **Insuring Agreement**
   a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" included within the "pollution liability hazard" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But:
      (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and
      (2) Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements.
   b. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A, B and D.
   c. This insurance applies to "bodily injury" and "property damage" only if:
      (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory";
      (2) The "bodily injury" or "property damage" occurs during the policy period; and
      (3) A claim for damages because of the "bodily injury" or "property damage" is first made against any insured, in accordance with Paragraph c. below, during the policy period.
   d. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times:
      (1) When notice of such claim is received and recorded by any insured or by us, whichever comes first; or
      (2) When we make a settlement in accordance with Paragraph 1.a. above.

LD-31662 (08/11) Includes copyrighted material of Insurance Services Office, Inc., with its permission
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