# ENDORSEMENT No. 1

This endorsement, effective 12:01 AM: May 21, 2008

Forms a part of policy no: 5443148

Issued to: INTERNATIONAL BUSINESS MACHINES CORPORATION

By: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

**Commercial Umbrella Liability Policy with CrisisResponse®**

**Miscellaneous Changes Endorsement**

This policy is amended as follows:

## SECTION I. INSURING AGREEMENT - COMMERCIAL UMBRELLA LIABILITY

Paragraphs C. and D. are deleted in their entireties and replaced by the following:

### C. 1.
This policy applies to Bodily Injury or Property Damage, only if prior to the Policy Period, no Insured listed under subparagraphs 2a., 2b., 2c., or 2e. of Paragraph M. of Section VII, no executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII, and no employee authorized by you to give or receive notice of an Occurrence, claim or Suit, knew that the Bodily Injury or Property Damage had occurred, in whole or in part. If such an Insured, or authorized employee knew, prior to the Policy Period, that the Bodily Injury or Property Damage had occurred, then any continuation, change or resumption of such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have been known prior to the Policy Period.

### 2.
Bodily Injury or Property Damage which occurs during the Policy Period and was not, prior to the Policy Period, known to have occurred by any Insured listed under subparagraphs 2a., 2b., 2c., or 2e. of Paragraph M. of Section VII, any executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII, or any employee authorized by you to give or receive notice of an Occurrence or claim, includes any continuation, change or resumption of that Bodily Injury or Property Damage after the end of the Policy Period.

### D.
Bodily Injury or Property Damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under subparagraphs 2a., 2b., 2c. or 2e. of Paragraph M. of Section VII, any executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII, or any employee who was authorized by you to give or receive notice of an Occurrence, claim or Suit:

1. reports all, or any part, of the Bodily Injury or Property Damage to us or any other insurer;
2. receives a written or verbal demand or claim for damages because of the Bodily Injury or Property Damage; or
3. becomes aware by any other means that Bodily Injury or Property Damage has occurred or has begun to occur.

## SECTION III. DEFENSE

is amended as follows:

**NOTICE:** THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.

© 2004 American International Group, Inc.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.