# ENDORSEMENT No. 9

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®**

**Named Peril and Time Element Pollution Self-Insured Retention Endorsement (Products-Completed Operations Hazard Version)**

This policy is amended as follows:

**Section V. EXCLUSIONS**, Paragraph Q. Pollution is deleted in its entirety and replaced by the following:

**Pollution**

This insurance does not apply to:

1. Any Bodily Injury, Property Damage or Personal Injury and Advertising Injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of Pollutants anywhere at any time;

2. Any loss, cost or expense arising out of any request, demand, order or statutory or regulatory requirement that the Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of Pollutants; or

3. Any loss, cost or expense arising out of any claim or Suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of Pollutants.

However, Paragraph 1 of this exclusion will not apply to Bodily Injury or Property Damage arising out of:

i. Any discharge, dispersal, seepage, migration, release or escape of Pollutants directly or indirectly caused by fire, explosion, lightning, windstorm, vandalism or malicious mischief, riot or civil commotion, flood, earthquake, automatic sprinkler leakage, collision or upset of an Auto or Mobile Equipment or aircraft; or

ii. Any discharge, dispersal, seepage, migration, release or escape of Pollutants and included within the Products-Completed Operations Hazard provided that Your Product or Your Work has not at any time been:

(a) discarded, dumped, abandoned, thrown away; or

(b) transported, handled, stored, treated, disposed of or processed as waste; by anyone; or

**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.
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This text provides a detailed amendment to the policy regarding exclusions related to pollution coverage. It specifies the conditions under which the insurance does not cover certain types of bodily injury, property damage, personal injury, advertising injury, and expenses related to pollutants. The notice at the bottom indicates that the policy forms and rates are exempt from filing requirements but must meet minimum standards set by New York state law and regulations.