**End 005-3/01**
**Form OCC01**
**Page 1 of 1**

**ADDITIONAL/RETURN PREMIUM: NIL**

**PRIOR CLAIMS/KNOWN LOSS EXCLUSION**

Notwithstanding anything contained in the Followed Policy, this Policy shall not apply to any actual or alleged Bodily Injury, Personal Injury, Property Damage or Advertising Injury:

(1) which has been the subject of any notice given under any policy or any discovery period or extended reporting period thereof, which policy expired prior to or upon the inception date of this Policy as set forth in Item 4 of the Declarations;

(2) which is or would be encompassed by an Integrated Occurrence of which notice was given under any policy in effect prior to the inception date of this Policy as set forth in Item 4 of the Declarations;

(3) where any Director, Officer, Trustee, member of any management committee or board, General Counsel, Risk Manager, or equivalent positions, or any employee authorized to give or receive notice of an Occurrence or claim, had knowledge of an Occurrence or was aware of circumstances relating to an Occurrence for which coverage is sought under this policy.

For purposes of Paragraph (2) above, Integrated Occurrence means an occurrence encompassing actual or alleged Bodily Injury, Personal Injury, Property Damage or Advertising Injury to two or more persons or properties which commences, progresses or continues over a period longer than thirty (30) consecutive days which is attributable directly, indirectly or allegedly to the same actual or alleged event, condition, cause, defect, hazard, and/or failure to warn of such; provided however that such Integrated Occurrence must be identified in a notice pursuant to the prior policies "Notice of Integrated Occurrence" provision and otherwise meet the requirements of the prior policy's Occurrence definition.

Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, exclusions or limitations of the Policy referenced below, except as expressly stated herein.

The effective date of this endorsement is May 21, 2008
All other terms and conditions remain unchanged.
This endorsement is attached to and made a part of Policy No. IBM-0054/OCC01
of ACE Bermuda Insurance Ltd.

Issued to:
International Business Machines Corp. (IBM Corp)

Date of Issue: May 19, 2008
By [Signature]
Authorized Representatives

End No. 13