# INTERNATIONAL BUSINESS MACHINES CORPORATION

**(7) any product containing silicone which is in any form implanted or injected into the body;**

*provided, however, that this Exclusion shall not apply to actual or alleged bodily injury, personal injury, or property damage where such personal injury or property damage is not related to the asbestos, tobacco (or other consumed portion of a tobacco product), 2, 3, 7, 8-TCCD, asbestiform talc, DES, IUD or silicone content of goods, materials or products or completed operations. The listing of materials herein shall not give rise to an inference that bodily injury, personal injury, property damage or advertising liability attributable to other materials was neither expected nor intended by the Insured.*

**B. This Policy shall not apply to any liability or other payment that arises out of a D&O Wrongful Act, including, without limitation, any reimbursement or payment by any Insured of such liability of any other person or persons, whether such reimbursement or payment is required or voluntary.**

*For purposes of this Exclusion 2:*

*"D&O Wrongful Act" means any actual or alleged error, misstatement, misleading statement or act, omission, neglect, or breach of duty by any person or persons while acting in their individual or collective capacities as directors, officers, trustees, governors, partners or the equivalent of any entity that is an Insured or of any other entity, or any other matter claimed against them by reason of their being directors, officers, trustees, governors, partners or the equivalent of an entity.*

*No inference shall be drawn from this Exclusion B that any person described in the definition of D&O Wrongful Act is an Insured under this Policy.*

**C. This Policy shall not apply to any liability arising out of any act, error or omission in the rendering of professional services, including, but not limited to, the rendering of legal, accounting, data processing, consulting, investment advisory, architectural or engineering services.**

**D. This Policy shall not apply to any liability that arises out of, or constitutes, Employment Practice Liability.**

*For purposes of this Exclusion D:*

*"Employee" means any individual who is employed by and who is paid through the payroll of any Insured, including past, present, part-time, seasonal and temporary Employees, as well as applicants for employment with any Insured. Independent contractors and employees of independent contractors, are not Employees, except for temporary or leased personnel or persons determined to be joint Employees retained by an Insured.*

*"Employment Practice Liability" means, as respects an Employee, any actual or alleged:

(a) failure to provide equal opportunity of employment or promotion;

(b) discrimination;

(c) harassment (sexual or otherwise);

(d) wrongful termination;*

FORM XL XS-CCC (11/03)
-6-