# WAIVER OF GOVERNMENT IMMUNITY

| Named Insured | International Business Machines Corporation | Endorsement Number | 2 |
|---------------|-------------------------------------------|--------------------|---|
| Policy Symbol | HDO                                       | Policy Number      | G24931407 |
|               |                                             | Policy Period       | 05/21/2009 to 05/21/2010 |
| 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**

We will waive, both in the adjustment of claims and in the defense of "suits" against the insured listed in the schedule below, any governmental immunity of the additional insured listed in the schedule below, unless the additional insured listed in the schedule below requests in writing that we not do so.

Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of a $2,000,000 per Occurrence limit of insurance.

**Schedule**

Port of Authority of NY and NJ with respect to Contract Number 4500054446

**Authorized Agent**